Hi guys,

Been helping out yet another friend with some advice and as its some time since I advised on here regulary

I thought i would get up to speed.

My mate took out a Conditional Sale Agreement for a car with one of the subprime car finance companies.

He made his first 3 payments of approx £260

Being self employed sometimes money doesn't come in quick enough and he was late with his next payment.

They sent him a default notice

The arrears consisted of

1 month instalment

£48 of charges stated as administration costs

He paid the 1 month arrears (but not the admin costs) 1 day late after the deadline.

He then came home to a letter put through his door and a contact number.

he rang it, it was a man who said he had a repossession order for the car.

My mate sent him photos of the payments he had made in the 4 months he had the car

and the repo man said he was going to refer it back to his office.

In the mean time my mate spoke to me and I looked through his paperwork

and noticed that he had overpaid 1 month by £20 .

on his behalf I rang the finance company pretending to be him.

They told me that the contract had been terminated and he had to either pay a final settlement

or the car would be repossessed the next day.

I said how much currently is the arrears, £48 they replied.

So your repossessing for £48? Yes .

Cant he just pay the £48? No its too late, your contracts been terminated ,

there is nothing you can do about it.

i said lets go through the payments and he agreed that there there was an overpayment of £20 they hadn't accounted for .

I said so your default amount is incorrect then?

He said that doesn't matter, I argued.

In the end I said you get us a settlement figure and I will look for your invalid default notice (I hadn't seen it at this point)

30 mins later my mate has a missed call from them, he phones back and offices are closed.

10 mins later they phoned again (this is out of hours) and said

"Mr ***** ,

i wasn't very happy with the whole situation ,

i have spoken with my manager

and am delighted to say he has agreed to reinstate your agreement tomorrow

as long as you ring up and pay the £48 arrears

and this months payment which becomes due in the next few days"

he does all this and its all back on.

A month later, he hadn't reinstated his direct debit , so he pays online using their payment portal onvtime.

5 days later he gets a default sums notice- payment not received by DD £18 charge

This just raises a few questions for me

1 Can they default him in the first instance for being just 1 payment in arrears?

2 Can they add charges onto the default for £18 admin fees for non payment by DD?

3 Obviously the default was invalid otherwise they wouldn't of panicked and reinstated it,

but if the default is on his credit file can we get it removed?

4 Is there a difference between a default sums notice and a default notice?

Thanks in advance

who is the creditor name names

and also the repo guy has no legal powers

and is not a bailiff.

dx

The creditor is MoneyBarn, read a few things about them , dot like what I hear!

I think the repo man is Anglia Uk ,my mates text picture is a bit blurry.

how did I guess it was moneybarn.

i'll move you to the MB forum

we know them well.

dx

right you are moved

go read all the threads here

does he actually want the car?

dx

Yes he wants the car, i think the threat of repossession is over as they reinstated the agreement after sending him the termination notice, think they panicked when I picked up on the invalid default notice.

So i guess the questions are

1 Can they default him in the first instance for being just 1 payment in arrears?

2 Can they add charges onto the default for £18 admin. fees for non payment by DD?

3 Obviously the default was invalid otherwise they wouldn't of panicked and reinstated it,

but if the default is on his credit file can we get it removed?

4 Is a default sum notice for non payment by DD of £18 enforceable? He paid via their payment portal instead.

Yes he wants the car, i think the threat of repossession is over as they reinstated the agreement after sending him the termination notice, think they panicked when I picked up on the invalid default notice.

 

So i guess the questions are

1 Can they default him in the first instance for being just 1 payment in arrears?

- they shouldn't issue a default notice for one missed payment no.

they can mark the calendar section if they wish without any notice.

 

2 Can they add charges onto the default for £18 admin. fees for non payment by DD?

- no they are an unlawful reclaimable penalty fees as per FCA rules

 

3 Obviously the default was invalid otherwise they wouldn't of panicked and reinstated it,

but if the default is on his credit file can we get it removed? as above

4 Is a default sum notice for non payment by DD of £18 enforceable?

He paid via their payment portal instead.

DSN is not a DN, simply bogpaper that means nowt

dx

Thanks DX,

I was reasonable sure but never know if things have changed since i used to be on here as part of the HFO fan club

Hi , I believe things have moved on since I started this thread last year.

I was posting on behalf of my mate with his issues with Moneybarn.

Having got up to date with his payments since then he had work issues and wasn't get paid and got behind again with his payments.

Since then he has defaulted and now received a default and a Country Court Claims form.

Going back on this they actually terminated his agreement last May and then panicked when I saw that the defaults were incorrect and he questioned them(see beginning of thread).

Is the agreement still valid? He didn't sign a new one or an agreement to reinstate the the original, he just kept paying.

Thanks in advance for your replies.

returned of goods order

or

a moneyclaim?

Its a money claim

please complete this:

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**

Ok thanks DX, it may have to wait until tomorrow as I'm going to need all the information from him to answer that.

Thanks as always for your help so far

he still has the car yes?

Yes still has the car- well its off road at an undisclosed location

and he still wants it?

is it running or needs work?

Yes I believe so, its running but MOT due within a month.

That said he has a work van now (not his), so doubt it is an essential

ok get that link done

might be a time order time if they've not terminated

Hi DX, I believe he has had a letter of termination .

Is there a minimum of payments he needs to be in arrears before they can terminate?

I thought we were unsure that a default notice and a termination had been issue

need to see their POC first please

Will post tomorrow, Cant read it on the WhatsApp photo he sent.

Is there any mileage in the fact they actually terminated the agreement unlawfully once already in 2016 and he's paid a further 16 payments since then?

possibly will all be down to the paperwork they produce and what they say in the poc of the claim..

Ok thanks DX, hopefully I will have some clearer info tomorrow .

Hi DX, as promised

Name of the Claimant ? Moneybarn

Date of issue – 12.01.18

What is the claim for –

1. The claim in under the consumer credit act procedures for delivery up of the vehicle, arrears, the amount due and/or damages and interest, under a Regulated Conditional Sale Agreement.

2. The Money Claim element of this matter to be adjourned generally with liberty to restore pending return and sale of or loss of the vehicle.

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? yes

What is the value of the claim? 7500

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Car & Finance

When did you enter into the original agreement before or after 2007? After

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Creditor

Were you aware the account had been assigned – did you receive a Notice of Assignment? N/A

Did you receive a Default Notice from the original creditor? Yes

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Yes

Why did you cease payments? Wasn’t getting paid by work as they had cashflow issues

What was the date of your last payment? 07/12/17

Was there a dispute with the original creditor that remains unresolved? No

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan ? No

Also, in the same envelope is a

General Form of Judgement Order dated 24/1/18

For a return of goods hearing on 11th April 2018

How can that come in the same envelope as the claim form dated 12/1/18, thats 12 days difference

Dx ?