Hi All Just an update and closure on this one. Letter from Moneybarn today, only outstanding amount was the remaining finance to take up to the 50%. No silly deductions for condition, polishing, missing service history, nothing like that. I know this is different to some others experience so perhaps I've been lucky but from my experience use the template letter provided on here for VT, and take LOTS of photos to prove condition of the car when you hand it back. Good luck to anyone else going through the VT process!

Another letter from Moneybarn today. They are pleased to inform me that it has been determined that no refurbishment will be required on the vehicle and it is now being released for sale at auction. They also recommend I contact them to discuss interim payments to reduce the current account balance. What is interesting is that they show the current account balance as the sum of the balance outstanding as if the finance agreement is still in place. They then state another figure that they call 'Half rule obligation at this stage' which is less than one months payment (and obviously what I owe under S100 of CCA). Its a poorly worded letter as it implies I still owe the outstanding balance of the finance (not the half rule obligation) unless they are operating on the basis that this is a VS not a VT. I'll update when I get more letters!

Finally receive letter from MB stating that final balance is in process of being calculated. I've checked BCA website, vehicle is now listed, and is apparently a 'grade 2' on their condition report (1 being best, 5 being worst), so can't see on this basis they could claim nothing worse than fair wear and tear. For amusement, this is what they state regards the final balance: "In accordance with the terms and conditions of your agreement, various charges may be applied to your account before the final balance can be established. These may include: Replacement V5 admin fee Replacement keys fee Personalized plate retention fee Repairs or refurbishment fee Loss of value (if you have not had the vehicle serviced to the manufacturers recommendation this will reduce the resale value of the vehicle)

Been over two weeks since car was returned, heard nothing from Moneybarn yet. I've been keeping an eye on the BCA website and haven't seen it come up for sale there yet either. If/when it does appear on BCA website I'll be keeping an eye on the auction date because if Moneybarn try to claim money for a 'polish' I'll be contesting that as car was sparkling when it was picked up (with photos to prove), so if it was sat in a yard for over 2 weeks then that'd be their problem if it needed cleaning afterwards.

Car was collected last week, V5 has been sent to Moneybarn, have proof of postage. Had a bit of luck as engine management light had gone out again so no worries about that. Guy who collected the car was impressed with its condition commented on how quiet the engine was, especially for its age and mileage. Only a couple of chips and scratches, and some marks on alloys but nothing beyond reasonable for age. Will see now how/if MB will try to stiff me over.

Update: Received the following from Moneybarn, already they are trying to take the position they can claim for loss if there is not a full service schedule. Dear xxxxxxx AGREEMENT NUMBER xxxxxxxx REGISTRATION NUMBER xxxxxxxxxx We received your notice of termination for the above agreement on xxxx August 2018. Your contact details will now be passed to a company called BCA (British Car Auctions) who will contact you directly to arrange the inspection and collection of the vehicle, which we will agree to carry out free of charge. Please note they will be only able to inspect and collect between the hours of 9am until 5pm weekdays. BCA will now contact you within the next 2 working days to arrange the appointment, and the appointment must be carried out within a period of 7 days from them contacting you. Failure to action this will mean the appointment of recovery agents, the cost of which would be billed to your account. If you wish to contact BCA you can phone them on 0333 2414 208. Please note that you must keep the vehicle fully taxed and insured until it has been returned. You are required to also return the following items. 1. The Registration Document know as a V5 2. Service History Book / With FULL service record to Manufacturers schedule 3. MOT certificate if applicable 4. Spare keys 5. Sat Nav Disc if applicable Please note that if you fail to return any of the above items, we will charge you for costs incurred in replacing them. Please be advised we are able to claim from you any loss we suffer as a result of your failure to take reasonable care of the vehicle and service the car to the manufacturer’s recommendations. IMPORTANT NOTE: REMOVAL OF PERSONAL DATA Please ensure you remove all evidence of personal data which may be left in the vehicle or on electronic devices fitted to the vehicle prior to return. I look forward to hearing from you shortly. You may contact me on 0330 555 1520, or email me on [email protected]. Yours sincerely The Asset Management Team

coming home this morning and the engine management light has come on. Took it straight to a garage and showing an intermittent fault that may be due to a sensor. Does this affect the VT process? Could Moneybarn refuse to accept the car with this issue? Don't really want to cough up more money for a car I've already sent a VT letter for.

Thanks DX VT Letter has now been sent, I'll let you know how Moneybarn respond.

Hi All I have a car financed with Moneybarn that I am looking to VT and just want some advice. I have almost paid 50%, and I know I can VT before I have paid 50%, however the next payment in September would take me over the 50% anyway. Question number 1 - if I VT now, the money I would have to pay to make the 50% would be less than what I would pay if I waited until the September payment was made. Obviously on that basis I VT, but reading peoples experience on the forum I'm concerned Moneybarn will want the money to make up the 50% and then demand the next contractual payment so are they legally able to do this as I thought statute law has precedent over contract law so as long as I pay the 50% they can't demand the next payment is that correct? Next question - the car is due a service, so do I get it serviced before VT'ing the car as no doubt Moneybarn would then make a claim I had not taken reasonable care of the goods. To put this in context I have invoices proving I have had the car repaired and serviced in the time I have owned it (2.5 years and have paid a LOT in maintenance), but sods law needs a service now - I just resent paying £££'s for a service on a car I'm not going to see again. Thanks for any advice!

Hi All Caggers Last year I sold my car on eBay and duly posted the V5 to the DVLA on the 8th October. Approx 4 weeks later I received a letter stating that someone had informed the DVLA that they had purchased the car and were applying for the registration document. I called the DVLA on the 8th November to inform them that I had sold the car, hold sent them the V5 and that they could issue the registration document to the new owner. Fast forward to December 2012 when I get a snotty letter from the DVLA stating that I had failed to inform them that I had disposed of the vehicle and they wanted a fine of £35 increasing to £55 if I did not pay within a certain timeframe. I phone up the DVLA to tell them I had posted the V5 and was told to complete the form stating that I was not responsible for this offence which I duly did. I now have a further letter from the DVLA, where they have basically ignored the fact that I have posted the V5 telling me that because I had not received a notification letter within 4 weeks it was up to me to pursue the matter. I now have 3 weeks to cough up £35 or after that its £55 I am determined to fight this as surely this cannot be legal? I contacted the DVLA to tell them I had sold the car after 4 weeks had elapsed when the buyer had also informed the DVLA they had not received the V5. I have posted the V5 1st class, I do not recall there being any burden of proof on the motorist to prove postage or delivery? Where do I stand with this? As far as I'm concerned the DVLA are running a money with menaces racket here that is not legal! Thanks in advance Crispy

Bump again...... Anyone know where I may stand with this? Thanks

Bump! Anyone?!

Hi All This is quite a lengthy read so get a cuppa on before you start! Early 2010 I bought a car on finance with 92,000 miles on the clock, with part service history and in alleged 'good condition' Unfortunately the car wasn't under any manufacturers warranty as it was 5 years old when I bought it and there was no dealers warranty offered either. A couple of months after buying the car we started to experience a multitude of problems with it. These probems were not 'minor' or expected wear or tear but involved significant dismantling and rebuilding of the car engine. We obvioulsy cannot prove this but due our garage suspects that before we bought it the engine had been repaired (after possible cambelt failure) but had not been repaired properly. We have discovered this as our garage have found a multitude of things such as silicone sealant being used in incorrect places causing vacuum issues, bolts not set to correct torques, incorrect tolerances (injector gaps), broken rockers/valves still in the engine...... basically a bodge job. I went back to the dealer where I bought the car and was basically told to f off. I contacted the finance company and quoted sales of goods act. I was told that as 6 months had passed since the car was purchased their obligations under the sales of goods act had ended. They offered as a 'goodwill' gesture to pay around £500 towards a settlement figure if I took out finance towards another car. This really wasn't an option for me, as with what the car was worth at the time I couldn't have afforded the settlement figure nor did I want to take out further finance. We got the car repaired by our local garage and it has been running for the last 6 months with no 'major' problems. I say no 'major' problems because there have still been a multitude of 'minor' problems. The car still frequently goes into limp home mode for no discernable reason despite our garage investigations (who have been great and don't charge us for plugging the car into their diagnostic set. Local dealer/stealer charge £60 a pop for this!!), we have had tyre pressure sensors fail, the car seems to chew through a set of tyres every 6,000 miles. However last week the car again went 'bang' (blown turbo) leaving us with another huge bill. Simply, as we just cannot trust it any more, nor do we want to chuck even more good hard earned money after bad, we thought they easiest (and perhaps cheapest in the long run) thing to do would be to voluntary terminate the HP. When I bought the car I did do a HPI check which showed that the car had no outstanding finance and verified the mileage, accident damage etc and it came back all clear. The car also had a service history with a main dealer who the dealer I bought the car from said they got it from as it was a p/x. What I didn't know at the time was that you can also check the MOT history with VOSA. I was told about this a couple of days ago so out of curiosity this morning I have checked the MOT history on the VOSA website and have noticed that the mileage recorded on the MOT history DOES NOT match the mileage shown in the service history book as the services stamps MONTHS after the MOT's are showing much lower mileages! This would suggest that the car was not serviced (or the service book was lost) so either the main dealer has falsified a service history, or the dealer I bought the car from has managed to get a stamp for the main dealer and have falsified the service history themselves. So my questions are: 1) If I voluntarily terminate the HP agreement what are my liabilities? I know I have to pay 50% as outlined in the agreement. I have one payment left to make and a little bit extra (about £20) to make up the 50% (due to an admin fee which was added onto the agreement). 2) If I VT and hand the car back in its current (undriveable) state could the finance company expect me to be liable for the repairs by arguing I had not taken reasonable care of the goods (despite garage bills running into thousands of pounds?). We have only averaged 1000 miles/month since purchase also. 3) Could I counter argue with the SOGA especially in light of the fact that the service history has been blatantly forged (goods not as described?, goods not fit for purpose etc) Thanks for reading and any advice given! Crispy

I beg to differ mone have been very accomodating to my DMP the only one that hasn't responded is Wonga. As it happens I was also informed by someone at Quickquid that they are in negotiations with CCCS to allow payment via standing order as CCCS have the ability to make bulk payments.

Hi All Thanks for your replies! As it happens I'm not worried or stressed about this, i ceased doing that a long time ago, it really isn't worth it! In answer to the questions asked: The agreement was taken out in September 2007 Yes the account has been defaulted Not sure if it has been terminated. I still receive monthly statements direct from Amex and they have confirmed that they still own the account and have not 'sold it on' to AIC. What is intriguing is that today I received a package from AIC which contained a photocopy of all my statements from Amex. What do you think the reasoning is behind this? Thanks for your help! Crispy

Hi All Can anyone help with the legal position in AIC refusing to pass on my offer to AMEX? Should I write directly to AMEX collections department or is it worth raising a complaint with them informing them that AIC have refused to even pass on an offer of payment? Cheers Crispy

Well I've had no bounceback message but no reply either. Will give them a couple of days and then email all the email addresses I can find on here

Hi All This is a quick post to anyone, who like me, found themselves caught in the payday loan trap! Only 3 days into the week when I sent all my creditors i/e and prorata payment offer, and after a bit of email ping pong 3 out of 4 of the payday loan companies have accepted - RESULT! Just got to work on Wonga a little more for the full house Just keep positive and plugging away at your creditors with your offer and you can sort things. The important thing is to get that dialogue going and keep making a fair offer in line with what you can afford. It makes these companies lives very difficult and in the very unlikely event it gets to court will make them look very obstructuve and unreasonable. Chins up! Crispy

Hi Weston If the debt is an overdraft it is a different beast and different rules apply. I'm sorry I don't know the exact legalities of it but I'm sure someone will be along who can offer some guidance on this point. Regards DD's I echo what everyone else has already said. The problem is the control is in your creditors hands. Look at utility companies who ramp up their customers gas/electric DD's with little/no notice. Legally they are meant to provide you notice of any change to a DD, the reality however...... So take control back, change your bank accounts (do not offer the DD migration service!) and then set up standing orders. Ensure the account you set up is notlinked to your old bank. And don't be scared of being taken to court, the worst that would happen is you would have to pay the maximum you could afford and if you offer that anyway a judge is going to take a very dim view of litigation being taken. Offer your payment and stick to it. They will shout, threaten, lie, intimidate but ultimately that is all they can do. Keep positive and you'll get the upper hand! Crispy

Hi Weston I know its difficult but the first thing to do is to stop stressing. These people rely on you to stress so they can apply pressure to get more money off you. You stay calm and you stay in control. The second thing to do is to never call these clowns ever again, if they call you inform them that you will only deal with them in writing. They will not like this but simply refuse to answer security questions for your own security and say you refuse to give out personal information over the phone. Any correspondence you send them, make a copy, send via recorded/special delivery. Ensure you always PRINT your name never sign it! You say the debt is from 2001? Was this an overdraft/loan? This is important as there are things you can do depending on the type of debt this is. Next is your personal preference on the level of detail you want to give to a DCA. You do not have to give them any information on your income etc but if you want to demonstrate you are being reasonable you may want to. This makes it harder in the very unlikely event they take the debt to court. The likelyhood is Connought have sold this debt on for a pathetic amount to 1st Credit and now these jesters are trying it on. It would be worth sending a Subject Access Request to 1st Credit to get as much info as you can from them. The important thing though is to never offer them more than you can afford. If £50 a month is all you can afford then so be it! If you have given them your bank details to set up a direct debit I would seriously consider setting up another current account and then do not give those details to anyone ever! Ring up 1st Credit and then ask for their bank details so you can set up a standing order. This way you stay in control. After the 3 months are up if £50 a month is still all you can afford then only carry on paying this amount. However if this debt is from a loan or credit card then your debt may be unenforceable. Crispy

Hi Zarlak I am in exactly the same position as you. Have already had the threats and intimidation (accusing me of fraud etc). Eventually I got given this email address: [email protected] Lets compare notes and see how we get on! Best Crispy

Hi Rayne Thanks for your reply and help. I have already advised AIC I will continue to make a monthly payment but it will be of the amount outlined in my DMP but something else I can hit them with would be great. Enjoy your fish! Mmmm battered cod and chips

Hiya Well done on getting stuck into this! This is a great site with loads of good advice. Echo previous comments, also if the phone calls are getting you down or are intimidating, if you can stretch to it buy a device to record the calls then complain, complain, complain. I think a good device is called Trucall? Also look for the letter template on telephone harrassment and send this out. Keep sending the offer regards your DMP and reinforcing the message that you can only offer what you can afford nothing more. Above all try and relax and remember these people have no legal powers whatsoever Good luck and keep us posted Crispy

Hi Wino Thanks for the response and support. The fun and games have started already! (see my other posts!) Thanks for the reminder on checking on whether the agreements are enforceable (Am going down this route with a couple of creditors not because I'm trying to get out of my obligations but purely to strike back as they have been such a-holes to deal with!) Best Crispy

Hi All After struggling with my finances for more than 18 months and borrowing more and more to just meet minimum payment. I finally decided to address this and approached the CCCS who helped me put together an I/E sheet and a prorata proposal to all of my creditors based on my surplus income. As this is my mess and I am determined to resolve this myself I have not engaged my creditors through CCCS put instead have sent proposals myself. I have an outstanding debt with AMEX which is being dealt with (put not assigned or bought by) AIC and for the last 9 months have been paying AIC a lot more than I could afford. I have written to AIC informing them of my my proposal however they have outrightly refused to pass on my offer to AMEX and have rejected my offer. Basically what are AIC's legal obligations on passing on my proposal to AMEX? I am pretty sure that if this went the County Court route a judge would take a very dim view of a DCA's outright refusal to put a fair proposal from a debtor to a creditor? Whats your thoughts? Thanks in advance Crispy