Hi

Any advice would be greatly received.

Moneybarn who i have car finance with have terminated my car finance contract with them as i have 5 months arrears

I have recently separated with my wife and am paying child maintainence and informed them that i am struggling.

The5 months have been missed payments across the 3 years period with them.

However, i have not been able to pay the last two. Also, other unexpected money problems.

My worry is this.

They have given me 4 working day (Friday 18th Oct 2013) to pay £1311.

If i fail to do this, they will apply to the court for repossession.

I have really tried to work with them but the person i spoke to was not only cocky -but most unhelpful and almost smug!

I wish to obviously avoid this but i will not be able to pay them by Friday.

If this goes to court, what is the best way to fight it?

The most annoying thing is - i only have 6 months left of the contract. + arrears.

If i pay the arrears, they will reinstate the contract.

But i can't pay.

If court action is received, will i be able to attend??

Or will it mean that i will one day come home and have the car repossessed?

What is even more difficult is that i have no fixed address at the moment as i am staying at friends, family etc.

I did explain to the rep who said that the judge would not look favourably at this.

WHY?

Any advice, help - please!?!?

duncton/moneybarn are hard nose but slip up lots.

firstly have they put in writing they will goto court?

don't believe anything they say on the phone.

WRITING ONLY stay off the phone now

you need a papertrail.

are /have they been charging you PENALTY fees?

or have they got you pn PPI/GAP/LIFE ins etc etc

all these can be reclaimed

you prob owe nowt!!

have you the agreement?

dx

Hi

Thank you for replying.

I have it in writing that the account has defaulted and that the contract is also cancelled.

It was over the phone, via there Asset team that i was smugly informed that i have until Friday.

They have also charged me £100 late fee.

4 lots of £25 all charged on the day they cancelled the contract (13th Oct)

I do not have a copy of the agreement.

Should i ask for it?

Also, i completely get what you suggest about paper trail.

But, should i literally now let Friday pass and wait for court letters?

Also, in terms of the payment at the end of this month. Shall i pay it.

What's the point if they will take the car?

Or should i make a token payment.

The monthly installment is £238 and pence.

Have you had much dealings with these?

Thank you

If they do issue court claim you can defend and ask for time to pay

- as you have paid more than one third of the agreement they cannot take the car without a court order.

Also, you should write to them by recorded delivery (we wouldn't want them to say they didn't get your letter would we?)

advising of your situation and what you are offering to pay and ask for a full statement of account.

When Moneybarn apply charges to your account they take the charges off any monthly payment you make thus keeping you perpetually in arrears

and you need to tell the court they do this.

If you need help with a letter to this bunch please let me know and I'll happily draft one for you (I've helped a couple of others take on this lot).

You then need to claim back the charges they have applied as they are unfair

- Moneybarn will give you some rubbish about their charges being sanctioned by the FOS as being fair - but I bet a judge won't agree..........

Hi

Many thanks with your advice. If possible, i would be most grateful for help with a letter and i will,

at your advice ,send it recorded delivery. If possible,

can you advise on these:

1, shall i make the full payment this month to them or shall it be a token -given the pending court action?

2, If this, at it look, goes to court, will i be there to defend myself?

3, Is it the same as a CCJ?

Did the other people you help have much success?

Sorry to hassle you and once again, many thanks.

MB/duc are puppies

don't wworry about them

anything said on the phone , forget it.

have a mailing address they are writing too?

if so send them a SAr along with E's letter coming.

they don't always do court

its just a threat.

have you had the termination letter?

dx

Hi yes, i have the termination letter. Sorry but what is a SAR? Dumb i know

Thanks

Sorry DX but they will go to court.

However the Moneybarn/Duncton court claims for vehicle repossession I have helped with have been successful in that the person

was allowed to keep the car on suspended terms

i.e. payment of the full monthly instalment plus a little towards the arrears.

Another person applied for a Time Order and it was granted.

Lucky lad

- I'll draft the letter and post on here later.

My advice would be to pay the instalment - it will help your case in court.

Are you able to offer something towards the arrears each month? (the true arrears that is, not their version which will no doubt include the charges. Actual arrears are missed monthly payments).

HI Ell-enn

Thank you for the info.

A help with a letter will be great.

I don't actually know the arrears but i think it is £1190 and not the £1300 + they want.

I've 6 months left to pay.

I will made the monthly installment at the of this month.

I wouldn't be able to offer much towards the arrears.

I'll have to work it out.

Surely, the fact that i am so near the end of paying for the car- and the car isn't in great shape either

- the judge/court will be sympathetic and given that the arrears came from separating from my wife for example

and i am now paying for child maintenence (which, is my responsibility, as any caring parent) that they will consider this?

who knows!

Thank you for helping also.

Hello there.

You've two options to consider here (on the basis that you're looking to keep the car).

Traditionally the best way to prevent the car from being repossessed is to request a suspended return of goods order - this is based upon being able to pay the regular instalment + a little extra to clear the arrears over the remaining 6 months (the end of the term). There is further info on this via the following HP fact sheet: http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=16_hire_purchase_debt

There may be a second option also, it's known as a Time Order - and a court may allow you to have one of these if you can show that your circumstances are likely to improve in the near future AND that such an order is fair for all parties (the courts call this being 'just'). A time order can stretch out the agreement - a bit like an elastic band; as such this allows you to pay a more affordable instalment over a longer period. The courts usually agree these as a temporary measure. You can ask for one in response to the claim. More info within this fact sheet:

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=06c_time_order_hire_purchase_or_conditional_sale_agreement

Hope you find this info of use!

Seq.

Hi there, letter affixed - you must send it by recorded delivery (keep a copy for yourself) so they don't have the opportunity to say they didn't get it. Keep the postal receipt safe so you can check on the royal mail website a few days after posting to print off the signed for receipt - staple the signed for receipt to your copy of the letter and keep in a safe place, we will need that to go with a defence if they issue a court claim.

Thank you very much for the letter. I will send this on today. Also, if this goes to court will this mean , even if suspended judgement, a CCj for me and credit file? Do you know at all?

Once again, thank you