Hi all,

I have a car on finance, which two days ago caught fire and is a write off,

can I terminate my contract with the finance company under 'frustration of contract' as the finance company can now no longer supply the use of the vehicle to me under our contract?

Just wondered what people's thoughts are on this.

Many thanks for all and any replys

Moonlandings

Im not sure that "Frustration of contract" would apply to a cca regulated agreement but please wait for other more experienced members to comment

your insurance should be paying the finance off

not your problem?

bet you've got GAP and warranty too ...

too little info to really make comment mind.

if the fire was due to something with the car

its not your problem.

I agree with DX100uk

The insurance payout will cover the current market value of the vehicle.

Any shortfall between that insurance settlement and the total amount outstanding to the finance company will be settled by the optional Gap insurance to settle that agreement in full. Check your finance agreement

If you do not have GAP insurance as an optional extra you will still be liable to the finance company for any shortfall between the insurance payout and what is outstanding on the finance agreement.

What was the cause of the fire..has your insurance inspected the vehicle and cause ?

Andy

Hi all,

to but a long story short,

I had a car on finance with moneybarn,

I had a four year credit agreement which only had a year left before the loan was paid up,

the car I had on finance was from them went up in flames and was subsequently written off,

the insurance company said that they would pay out £8200,

when I submitted the claim firms,

I was contacted for a phone interview with an insurance adjuster from Hastings direct,

the woman was polite enough and said she would call me back to let me know what was happening with my claim,

after about a week she contacted me to say that the insurers would not pay out as I had not disclosed at the time I took out the policy, the fact that I had 3 penalty points for speeding, I assured her that when I took out the policy that I had disclosed this speeding offence.

here I am with no money and approx £4200 owing to moneybarn,

I told them within a few days of the car fire that the vehicle had been written off, and that I was waiting for the insurance pay out,

they wanted the insurers details, so they could get paid their outstanding finance amount, and to get the vehicle log book and keys.

Now I have received court papers and they are claiming for the outstanding sum of finance.

Where do I stand with this one?

I have been told that I can defend this case because of a ' frustration ' of contract

( they no longer have a vehicle supplied to me, so I don't have to pay, as they are not meeting their contract by supplying me a car)

I have also been told that as more than two thirds of the finance agreement had been paid, and they accepted the keys and logbook back, then they have accepted return of the vehicle, so ending the agreement.

Any thought and or help on this please.

Moon landings.

Surely you have your insurance papers that shows you notified them of the three points?

If you didn't notify them or didn't check the paperwork and they were not listed, then I would say you are the one that breached the contract by not having valid insurance that would pay out.

If your original paperwork does show the points, then get back onto the insurance company.

Hi there, thank you for your reply,

Hastings direct are just a front company,

they got me insured with a company,

I think they are called Advantage,

trying to get any paperwork from them is a complete nightmare,

all the quotation etc was done online and the insurance policy was renewed automatically,

I never spoke to anyone,

I have the insurance certificate but I don't think I have anything else.

When did you receive the claim form? Please could you post it up here in PDF format.

I suggest that you send off an acknowledgement straightaway with intention to defend. You can change your mind later about defending.

I also suggest that you send an SAR off immediately to Hasting and also to Advantage. Don't hang around on this. Do it straightaway because it takes 40 days. If they provide you with a copy of your application form then you should see your speeding points disclosure there. If they are unable to provide any application form then I think that even this will help you because it will then be your word against theirs and I think that you can call attention to the fact that they haven't kept your application paperwork correctly.

Send the SAR's off with a cheque rather than a postal order because it will make it easier to keep track of your disclosure application.

Who is been talking to about frustration of contract et cetera et cetera?

look in your spam folder

hasting send everything

they did with me and it was there online

we have a hastings rep

I will alert them as they might be able to help.

dx

could also fill this out please

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**(1-Viewing)-nbsp

copy n paste the post back here to a new post quick reply box

and enter you answers too

dx

If you can find the evidence you need, then you should defend and also put in a counterclaim

It would be interesting to know whether the Insurance was arranged directly with Hastings or via a comparison site. This is important, as it might be the case that the licence points were entered on the comparison site, but have not found their way onto the policy record.

In any event Hastings should not void the Insurance to decline the claim, unless they can provide evidence that they would not have provided the Insurance, even at extra cost.

Hi Moonlandings,

If you would like us to review your issue and have not spoken to our claims customer service team yet then please can you email [email protected] and be sure to include your full name, DoB and policy of claim number

Many thanks,

Joe

Hi all,

I have a court date regarding car finance with money barn,

just briefly I had a car on finance with them,

the car was involved in a vehicle fire,

the insurers did not pay out on the claim,

I stopped paying the finance payments as money barn asked me to return the vehicle documents and the keys,

I took this that they were asking for possession of the car,

therefore ending our contract regarding the finance,

I think the finance totalled £15k

I had paid about £11,500

as soon as the car was written off I let money barn know what was happening.

now they are taking me to court to pay the outstanding amount of finance..

my case is that they asked for and were sent the paperwork and keys for the vehicle and that the contract is 'frustrated' as the contract was for a vehicle that moneybarn can no longer supply.

I have to submit to the court and moneybarn my defence by the 17th November.

Any help would be much appreciated

Many thanks

Moon landings

wish you'd keep to ONE THREAD

4 threads merged. yet again on the same issue

now lets go read up first.

and p'haps this time you ANSWER THE QUESTIONS

that have been asked of you

not ONCE have you answered anyone that has replied wanting info to help you?

did hastings sort this out as is indicated above by the rep ?

Hi Dx and all above that have replied,

I have difficulty in locating even my own threads,

intend to answer any replies from the email notification that I receive,

is there a way to go directly to my threads from the main menu?

Hence my lack of replies, to answer your questions DX,

no, I haven't replied to 'joe' from Hastings direct,

the insurance on the car came up from a comparison website,

I now have a few days off work and I will reply to all who have posted above,

I will also contact the Hastings rep on here.

So far I'm without a car that moneybarn want me to pay for and I'm about £11k pounds down, so I'm keener than most to resolve this.

I will be posting more on this thread tomorrow.

And once again many thanks for your replies and advice.

Moon landings

ever email you get has the thread link

click on it!

if you need to find thread you've started

either click on your username beside everyone of your posts

or click USER CP very top right.

so is this still the claim from march that is going on?

whats happened since them

did you sent off CCA/CPR

etc etc.

what have YOU done/sent with regard to the claim

and what have moneybarn done and sent for the claim?

Moneybarn claim

In order for us to help you we require the following information:-

Name of the Claimant ? Moneybarn

Date of issue – 09/03/2017

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -

^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total

What is the claim for – breach of consumer credit act1974 regulated agreement,

1. The claimant entered into a conditional sale agreement regulated by the consumer credit act 1974, with the defendant on 30th August 2013 for the conditional sale of an Audi A4 .

2. The date of maturity of the agreement is 29th August 2017

3. The vehicle was declared a total loss by the defendants insurer. In breach of the agreement the, claimant has not received any insurance monies from the defendants insurers. The claimant served a default notice which was not remedied therefore the claimant terminated the agreement.

4. Total rentals payable £17,552 plus any extra charges

5. Total sum paid £13,112.70 total sum received for salvage £410.00 total sum outstanding £4,102.15

6. The claimant claims the sum of £4,102.15

7. Interest pursuant to the agreement at the rate of 29.6% from August 29th 2017

What is the value of the claim? £4,102.15

Is the claim for - car finance

When did you enter into the original agreement before or after 2007? 30/08/2013

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. Issued by original creditor moneybarn

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 ? Only 1 and headed 'statement of account'

Why did you cease payments? Insurers did not pay out as expected

What was the date of your last payment? 30/07/2017

Was there a dispute with the original creditor that remains unresolved? Yes, I believe they terminated the agreement by asking for the return of vehicle documents and car keys.

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes, I told them that the insurers had not paid me out.

Hi all above is the answers to the form that Dx asked me to download and paste to this thread. I have all the documents if you think I should upload any to this thread.

On the 4th September 2017 I received notification that the claim had been transferred to my local county court.

On the 20th September 2017, I received my notice of allocation to the small claims track (hearing).

The hearing will take place on the 15th December 2017.

Now refer to your Notice of allocation and comply with the directions imposed by the court and by the dates stated.

Andy

Thread moved to Financial Legal Issues forum.

Thanks Andyorch,

all they are asking is that I file with the court and moneybarn no later than 14 days before the hearing my defence, relating to their claim,

the court have asked moneybarn to pay a fee to the court of £335.00 no later than 4pm on the 17th November.

I'm struggling with what to use as a defence in this case,

my strongest point is that they asked for and were sent all the documents for the vehicle and the keys, that to me means they are terminating the agreement.

My other point is a 'frustration' of the contract, where moneybarn ability to supply me with the vehicle had ceased because of it being a total loss.

I would like to pursue Hastings the insurers for the money that they refused to pay out,

they offered me £8,200 on the phone,

less the amount outstanding on the finance,

which means I would have got about £3,800.

They say I didn't declare the speeding endorsement on my license,

I know I did declare it to them.

Any advice on that matter, or should I start another thread?

Many thanks

Moonlandings

You have already submitted your defence to get to this stage...you are required to submit a witness statement and standard disclosure 14 days pre hearing...the trial.

Oh, ok thank you.

Is there anyway I can check the legality of the finance agreement?