Hi trying to keep it short.

I have a HP agreement with Marsh finance.

Had the car since November 2014 and all payments were made without fail.

Split with my ex partner, who left me with considerable debt some of which I knew nothing about.

Well ended up with short term financial issues and have missed 3 payments with the above.

I have tried to get them to a repayment plan of the arrears,

which are around £770 but are having none of it and now In the process of gaining possession via court order.

I need the car to get my daughter to school and me to work

and quite frankly from what I can make out I would end up in more financial difficulties if they did take the car.

I would be grateful if anyone can provide any help on either how to get them to agree a payment plan

(surely they aren't adhering to the FCA treating customers fairly or attempting to reduce debt)

or if this can be stopped at court?

Thanks in advance

Hi Jaysa

Thanks for coming to CAG, We need more info.

How much have you paid out of the total amount? etc

The guys will be along shortly.

have they sent you a default notice?

are they stating they are going to court to get a return of goods order?

you say you took the agreement out nov 14

for how long does it last

i'e have you paid more than the 1/3rd mark?

stay OFF THE PHONE to them too please

Hi yes I've paid approx 40% so over the 1/3 mark. I've had default notice.

I have also received notice of termination of the agreement and the latest is that I either pay in full or they will issue court proceedings.

I am corresponding via email so everything is in writing.

An email has just been received asking if I can discharge the arrears over the next 2 months. This would be a horrendous struggle but doesn't appear they want to take notice.

Thanks for the replies

issue what court proceedings are they saying what type

a return of goods order?

Nope they do not mention what type of order just that they will be issuing unless I pay the full amount that's left on the account ( plus large amount of fees) or voluntarily return the car ( which I'm not doing!!)

well fees are unlawful and will be removed or reclaimed.

it will be probable that a time order might be your only route.

they have terminated so unless you can convince them to reopen the agreement that's your only route as far as I can see.

play hardball !!

have a read here:

http://www.consumeractiongroup.co.uk/forum/showthread.php?471026-Moneybarn-Court-hearing-in-3-weeks

but you want ALL PENALTY FEES removed before you agree

They are charging interest daily at £7 ish.

So I would still need a time order even though I've paid over a third? I'm guessing this is done once I've had court papers?

Thanks so much really helps

Ignore me I've had a quick read thanks

They cant have it both ways, if they have terminated then there is no contract to allow them to apply any fees or interest until a court says otherwise.

They are ramping it up so you give in to whatever they demand, and they hope that you dont look too carefully into this.

So, read the finance agreement very carefully before you say or do anything else.

Let the wise people here know what iit says about fees and charges etc

and someone will tell you how to respond to put the brakes on this

They cant have it both ways, if they have terminated then there is no contract to allow them to apply any fees or interest until a court says otherwise.

 

They are ramping it up so you give in to whatever they demand, and they hope that you dont look too carefully into this.

 

So, read the finance agreement very carefully before you say or do anything else.

 

Let the wise people here know what iit says about fees and charges etc

and someone will tell you how to respond to put the brakes on this

Very interesting thank you!!! im going to get all paper work out and check everything before

Have you formally written to them asking them to allow you to repay the arrears over the remaining term of the agreement ? this would be useful as it could be submitted with your defence of any court claim they issue - shows the judge you tried to come to an arrangement, if they refuse it puts them in a bad light.

Have you formally written to them asking them to allow you to repay the arrears over the remaining term of the agreement ? this would be useful as it could be submitted with your defence of any court claim they issue - shows the judge you tried to come to an arrangement, if they refuse it puts them in a bad light.

Hi I sent an email giving a break down of my incoming and outgoings and an offer of repayment that was affordable. It wasn't over the rest of the term but a lot quicker. I'm going to sort the paperwork out today properly and will come back with what I've received. Thanks

but make sure they remove the interest since termination and all fees.