Thanks- but can I still get a time order now that the agreement is subject to a consent order- which has been breached?

The consent order was drafted last November and said that unless I fulfilled it's conditions (payment of arrears and monthly payments of £410), I must return the vehicle by December 20th 2014. I paid the arrears and had kept up with payments until late this spring.

Thanks for the swift response. They can't justify the recovery charges other than to say the file was 'handed over to recoveries'. No recovery attempts have been made and nothing has been recovered. They just like to make it as difficult as possible for customers to pay the arrears and bring their account back in to order.

Hey guys, I'm really hoping someone can help give me some sound advice on Moneybarn. I took out a 3-year conditional purchase agreement with Moneybarn in Oct 2013. I pay £410 per month, and to date I've paid just shy of £9000 on a car that cost £9,400. The total amount to repay Moneybarn is around £14,000, and I am almost 2/3 rds of the way through the contract. Last summer, I broke my neck and explained to Moneybarn that because I'm self-employed my payments would be late until I recovered. I managed to get the money together for the three month's missed payments and I offered to pay the arrears, plus all charges (reasonable or otherwise), but Moneybarn insisted on issuing a consent order to allow me to keep the vehicle. Reluctantly I agreed, but instead of issuing a consent order, Moneybarn obtained a CCJ against me without my knowledge (I was living abroad and they were aware of this). When I found out, I sent them a strong legal letter, and managed to persuade them to have the CCJ set aside and replaced with the consent order. in early 2015 I found myself in possession of the vehicle under a consent order that allowed Moneybarn to repossess the car should I miss any further payments. However, I fell into work problems in May, and this time missed two payments. To cut a long story short, Moneybarn would not allow me to catch up on the arrears and insisted on repossessing the vehicle instead. It's now been 4 months since the first missed payment, and they eventually said I could keep it if I paid recovery charges - but no recovery has been made! When I refused to pay this, they said if I didn't hand over the vehicle this week they will call the police because it's their property and it's stolen. I do have a brain between my ears and have done extensive research myself, which leads me to confidently conclude they can't do this, but my question really is would I be able to apply for a time order and argue the repossession charge, given that the vehicle is subject to a consent order initiated by the creditor? Having paid off the actual price of the vehicle and with only 1/3rd of my contract outstanding, it's heartbreaking to have to hand over the car now - especially after all I've been through with Moneybarn. Any sound advice or experience in this area would be much appreciated and thanks for reading

I have written to Capital One and Barclaycard requesting the CCA. Barclaycard have failed to respond altogether, and Capital one wrote back asking me to sign- which I'm not prepared to do. I gave both parties the standard 12 working days to provide it. Both companies are continuing to chase me for the monies through their debt collection agencies (FTC and Mercers) despite the fact they did not provide the CCA as required. I've read they are now not entitled to do this or to register a default, as they have not complied with my request. What's the best thing for me to do from here? Is there a template letter I can send? I'd rather offer them a F&F payment than let it drag on, as I don't want the entries on my credit file. Is it an option to offer them a lower payment than they've set out in settlement of the balance?

I opened the store card in 2003 so I've had the debt for 7 years. The card was running perfectly fine until I fell into trouble and missed payments earlier this year. Santander are showing the account as satisfied and closed on my credit file- CL Finance are showing the default. But neither company have the payment/statement history of the account! I've been advised to apply for the right of subject access by national debtline. The balance is probably way higher than it should be due to CL Finance's charges, but to be honest I couldn't care less if I'm paying off twice what I owe, I just want the default removed. They will not agree to this even if I make full and immediate payment, yet they cannot supply me with the account history. Grrr

I have CCA'd CL Finance and got a copy of the credit agreement, but not a statement of account history and charges as requested. Does this mean the debt is unenforceable? My account history has all been lost which means they can't surely prove how many payments were missed (which I'm disputing) or show me the charges which make up the account balance.

Thank you. And good luck with the Supreme Court! I'll be looking out for you.

I've just read your case notes...the laptop case yes? What a time you had!

Tell me more Durkin...did you successfully sue over a similar case? If so well done and I'd love some further info/advice as I've never come across such a disorganised and unreasonable company in my life!

Well well well. Called Santander asking for information on date of my last payment to them and date account was sold on. They tell me they no longer have my records and I have to ask CL Finance. CL Finance insist (and justifiably so) that they do not have any of my payment history with Santander, they only hold payment history from the date they bought the account. It would seem then that the payment history is lost by Santander! So how can they uphold the default? I think I may be onto something but need to know how to go about it. Dx ... u there?

Thanks consumeredge you're very helpful I will try your route...

Dear ***, We acknowledge receipt of your e-mail. Unfortunately, immediate payment of your balance will not remove the default from your credit file and we are unable to negotiate this. Yours sincerely, *** The Lewis Group

Dear ***, Many thanks for your prompt response and for acknowledgment of my email. I do not wish for a CCJ to be registered against my name. The default is something which is causing me severe personal distress and further financial hardship. I am now certain that the default is registered under and by CL Finance, not Santander. I fully appreciate you are required to inform credit reference agencies of one's ability to repay future loans and credit agreements, however I am prepared to offer the FULL amount outstanding as an IMMEDIATE F&F payment in order to remedy the default and have it removed from my file. This is because I am now in a more financially stable situation than I was at the time the account fell into arrears. Furthermore, I have been advised the default is just as detrimental to my account as a CCJ and therefore I am putting myself through unnecessary hardship if it is to remain on my file after prompt clearance of the account. I trust you will assess my request for negotiation and really hope you can be of assistance. Regards***

I have just had this back on email from CL Finance; Dear ***, We acknowledge receipt of your e-mail. The agreement made on 29th June 2010 to pay £607.56 per month for four months was to avoid a County Court Judgement against you and not to prevent a default on your credit file. Once the four payments have been made, the default will remain on your credit file for six years. Should you be unable to maintain the agreed payments, we require details of your income and expenditure together with an offer of repayment. However, you will then have a County Court Judgement registered against you also. Please advise how you wish to proceed. Yours sincerely, Miss Shauna Lumb The Lewis Group

I've just checked my report again. The santander account is showing as settled and the CL Finance account showing as 'default' with a remaining balance of £1800. Does this mean they (CL Finance) have the power to remove it upon settlement negotiation?

I know, it makes no sense to me either! Howard Cohen are a solicitors acting for CL Finance (also known as The Lewis Group). CL Finance now own the debt but you have to liaise with them through Howard Cohen. I received the Notice Of Assignment through Howard Cohen. I did not receive a notice of assignment through Santander. Ultimately, I want the default removed and have realised it's pointless paying £600pm if this is not going to happen, when I could just pay £1pm until I die (within reason). Now that I have written to them notifying them I'm not paying until I identify the default, I need to be careful they don't register a CCJ to recover the remaining £1800. I have offered to pay the full remaining sum immediately on removal of the default, but received no response.

Do you know how I can identify the party responsible? I have asked experian but received no reply. I have now written to CL Finance offering F&F settlement of the full £1800 still owing but only if default is removed. I have notified them all further payments will be withheld from them until I receive a response and identify who is responsible for the default.

Yes, that's how I feel. I'm at a loss as to why I'm paying off colossal monthly payments with no benefit to me. I have written them a letter incorporating both your pieces of advice. I am truly grateful and will post their response up if and when I get it. Knowing my luck I'll have a CCJ land on my doorstep now!!

Thank you so much! This is a really helpful piece of advice I'll let you know how I get on. Very best wishes

Hi all, I'm hoping someone can help me who's perhaps had a similar problem... I had a Debenhams store card which fell into arrears when I lost a contract at work. After 6 months I received a notice of assignment from Howard Cohen, telling me the debt had been sold to CL Finance. I contacted CL finance who told me unless I paid off the full £2400 (most of which was charges) within 7 days, they'd register a CCJ against my name. Not being able to afford this, I agreed to pay it off in 4 installments @ £607.00 per month- I have so far one month in. When I checked my credit report with Experian, there's a red default written next to the CL Finance account, stating it was 8 payments in arrears. I called CL finance querying this and stating I was never made aware a default would be registered and I was never 8 payments in arrears. I offered to pay off the remaining £1800 in full immediately if they'd agree to remove the default. CL Finance said there was no way they could help, because it was Santander (Debenhams) who registered the default, not them. So I called Santander. They tell me it's CL Finance who registered it and they'd done no such thing as they sold the debt on, meaning my account with them was cleared. This is all really distressing me, because without locating the party responsible for the default notice, I can't look into getting it removed. I have considered telling CL Finance I'm withholding all future payments until it's removed or explained, but I fear this will matter worse. Does anyone have any advice as to how I can get this removed? With something so damaging as this on my file I may as well have paid it off over years without struggling to pay £600 pm and not even getting any answers. All advice gratefully appreciated