I am having similar problems with them.

I have received an email saying the agreement has been terminated.

I did not receive their default notice so was not aware of any timescales or deadlines to respond.

I have told Moneybarn that I have enough to cover the arrears and settle them in full but they have told me that they cannot accept this unless I pay the full outstanding balance (about £3.5k) or enter into a consent order and pay £400 for the privilege!

What to do!?!?!

Hello and welcome to CAG.

You need to start a new thread of your own please. This one is for someone else and two years old now.

Best, HB

hi,

I can't find where it will let me start my own conversation. I really need some help!

Own thread created...please continue to post here to your thread.

Regards

Andy

Thanks

Can someone please reply to my point above?

they have told me that there is no longer a legally binding agreement between us, but under contract law, a simple statement saying that the agreement can continue should suffice to reinstate a contract...it shouldn't need to go through the courts.

I have the money to pay the arrears in full now but thus far they have still refused to accept this!

Any advice would be appreciated.

Many thanks

If you pay the arrears in full will you have paid more than 1/3 of the agreement ?

Hi, Yes I will have paid more than 1/3 of the agreement.

I have 15 months of payments left amounting to just under £3k

When i took out the agreement, including interest, the agreement amounted to around £9k

OK, make the payment to them online..... if you have paid more than 1/3 of the agreement they would have to take you to court to get a return of goods order - they can't do that if you are not in arrears

Hey!

Thank you for that!

That's great!

However they have said that as they have served a termination notice,

they no longer have a legally binding agreement with me and

I must pay them £400 for a consent order whether i clear the arrears or not....

See below the email they have sent me....

Thank you for your email.

Your finance agreement with Moneybarn has been terminated therefore the contractual agreement between both parties no longer exists; therefore there is no legal protection for you or Moneybarn.

To retain the vehicle at this point, we need a legally binding agreement.

To do this, we will need to apply to the courts to have a new agreement in place.

A Consent Order is an agreement between you and Moneybarn in which you repay the remaining costs and arrears on the account over an agreed period of time.

Once the arrears have been paid your normal monthly contribution will continue until the end of your terminated contract.

The Consent Order will be sealed at Court which you will not be required to attend.

Important to note that if you fail to make any of the repayments and keep in contact with Moneybarn then you will be in default of your Consent Order and Moneybarn will have the legal right to repossess your vehicle.

If you do not wish to proceed with a consent order, the only options at this stage is to settle the finance agreement in full or voluntarily surrender the vehicle back to Moneybarn.

Never mind what Moneybarn say - they are a nightmare and write their own rules hoping you won't challenge them. Personally I'd like to see them run out of the country !

There's no reason why a contract cannot be re-instated - you should write and tell them that now you have brought the agreement into line you consider that the agreement is re-instated, particularly as you did not receive a default notice giving you the opportunity to rectify the situation. Also advise them that should they take any legal action you will vigorously defend and report their behaviour to the court.. If you pay the arrears and they try to take you to court I cannot see a judge allowing their request.

And just for info you NEVER voluntary surrender a car - if you want them to take it back you voluntary terminate

also watchout for arrears fees and any other fees they are levying you

they are unlawful and should be reclaimed

have you all the statements?

I dont have all of the statements sadly as they have been very poor in sending them to me.

I will however request a redemption statement from them once I have paid the arrears and made it clear that the contract is to continue.

I agree that they have been unfair.

It amounts to 3 months arrears in total spread over a 4.5 year agreement with 15 months left.

thank you all for your help and reassurance.

send them a free sar then

.

dx

Me again!

Still having fun with Moneybarn. they have now sent me this!:

Thank you got your email.

Unfortunately, we are unable to rescind the termination and as such, the consent order process must continue.

We can confirm that the default notice was sent to you on 06/07/2018 and we had attempted to call you numerous times in between termination and the letter being sent.

We can agree however, that if the first payment under the consent order is made, we will agree to waive any court fees.

I don't want to go through all the drama and hassle of court proceedings now that I have settled their arrears.

What can they do now that I have paid everything up to date?

" default notice was sent to you on 06/07/2018 "

You had up until the 20th to rectify the default...did you clear the arrears by this date ?

Andy

I never received the default notice so didn't know the timescale I had to clear by.

Ah okay well Moneybarn do not seem follow any legislation anyway or adhere to CCA1974..I understand they simply make up their own rules to claw back customers vehicles to sell at auction then chase any shortfalls.

I can only refer you to Ells post # 10.

Given that you have paid over a 3rd they can only proceed through court...given that you never received a default notice they will find this difficult and most probably a waste of the court fee

Thank you. So can i just kinda carry on as normal and keep making my monthly payments.

I am about to go on holiday for a week - they cant do anything crazy like come and take the car can they?

Many thanks

No!!

hi everyone

Me again!

Moneybarn have been back on at me telling me that I either agree to the consent order or they will request an order for the return of goods.

I have filled out their i&e form (after pointing out and correcting in red the multiple spelling errors).

Their language is getting more and more threatening and I am somewhat concerned.

I am setting up a standing order to ensure that all future payments are met on time if not early.

If there are no arrears on the account and I keep it up to date, there isn't much that they can do right?

no don't blindly give them an I&E who said do that?

let them go for a return of goods order

then you'll do a tomlin and theres stuff all they can do from then on in.

Whats a Tomlin?

There are no arrears on the account so they cant press for me to pay anything further. their language was getting very threatening so I got scared I guess! I don't want to end up in Court and have to defend a return of goods order.

you say there isn't but brainless MB say there was.

tomlin/consent same thing

you wont have to 'defend' anything in court as andy says in post 17

you did sent the free sar didn't you?

I have cleared the arrears in full and they have acknowledged receipt in writing.

I have sent them an SAR indeed and await hearing.

hows this going