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Infiinty78

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  1. hi, 6k was the payout from the insurance company (massively below what was expected). it was just that there was no response back to even acknowledge the payment plan request.
  2. Thanks Andy - i will follow this up now. I havent made them an offer of the original settlement figure as i was going to do that with the part 36
  3. concerning the default notice from the orginal creditor - there was a default notice however i felt the quetsion meant if the debt had been passed off. Clearly i was wrong. Feels like quite a car crash of a legal exercise tbh Concerning the consent order - is there any advise on how to get this completed
  4. From your original advise on the 24th January - I filed the defence as thats what i thought you meant. Concerning the money she hasnt spent this (thats just your assumption). The car was written off - and the insurance pay-out was considerably less than the value of the loan. She offered to pay the payment and also tried to arrange a payment plan for the remaining balance. Despite numerous attempts at contact - she didnt receive any information back.
  5. The process can be very daunting and is made even more difficult when you dont have any communication channels open with the other party. I am not legally trained nor have i completed these type of documents before. Do you feel a aprt 36 offer would be suitable under the circumstances and also a follow on complaint financial ombudsman service or FCA. Any helpful advise would be much appreciated
  6. I am also considering filing a part 36 offer for the original reduced figure of £9065.26 including amount of rebate (Nov 2021).
  7. Would this suffice and can send next day delivery for tomorrow to the other side and also the courts N181 Redacted.pdf
  8. I havent received any further correspondence from Moneybarn however i have received the Notice of proposed allocation to fast track. This cites completion of the questionnaire form N181, attempt to agree directions with all other parties and file proposed directions. However i havent heard from Moneybarn in respect of these items and the deadline for the all three points is 25th March. I was thinking of completing the form and sending it off to all parties.
  9. i have responded with the acknowledgement of service and also sent off a request of a copy of the credit agreement as well as requesting a cca request. Just one question does 33 days for the defence mean the deadline for the defence is 17/02/22.
  10. Which Court have you received the claim from ? County Court Money Claims centre salford CCMC PREFERRED COUNTY COURT AS BURNLEY Name of the Claimant ? Moneybarn No1 Ltd Date of issue – 17/01/2022 AOS 5/02/2022 Particulars of Claim What is the claim for – the reason they have issued the claim? 1. The claimant entered into a conditional sale agreement by the consumer credit act 1974 with the defendant numbered 572710 on 17 April 2019 for the conditional sale of a Hyundai Santa fe 2.2 crdi (194bhp) 4wd premium (5st) station wagon 5d 2199cc Auto (oct 2012) Reg No: ****** full details of which have been supplied to the defendant 2. The date of maturity of the agreement is 16 April 2024 3. Total rentals payable £20945.32 plus any extra charges. Total sum paid £9594.04 Total sum outstanding is £11351.28 including extra charges, full details of which have been supplied to the defendant 4. The vehicle was declared a total loss by the defendant’s insurer. In breach of the Agreement, the claimant has not received any insurance monies from the defendants insurer. 5. The claimant claims: i. the sum of £11351.28 ii. interest pursuant to the agreement at the rate of 34.9% from 16 April 2024 the date of the maturity of the Agreement until full payment. Interest to the date hereof is £0.00 iii. Costs Date: 21 December 2021 What is the total value of the claim? £11,351.28 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Not sure however they did contact her in August Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address? n/a 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 April 2007 ? After April 2007 – 17 Apr 2019 Do you recall how you entered into the agreement...On line /In branch/By post ? in branch of car dealership Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? not sure 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. Yes Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure Did you receive a Default Notice from the original creditor? n/a Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? not sure Why did you cease payments? Financial difficulty and also due to the accident What was the date of your last payment? 28/03/2021 Was there a dispute with the original creditor that remains unresolved? NO however we asked for a settlement figure Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes the creditor was advised that we are struggling financially and please advise what course of action to take in order to set up a repayment plan Salford Claimform.pdf
  11. Hi, new to the forum and apologies if i make any mistakes. I am writing on behalf of a relative who is currently struggling with Moneybarn. She took out an agreement in 2020 and late 2021 the car was written off. She has been paid out and the figure is less than the finance on the car. Relative has made contact with Moneybarn and given a settlement figure of £9065.26 including amount of rebate (Nov 2021). She has contacted them and when spoken to someone advised that she can pay circa 6k and can she have a repayment plan for the remainder. She hasnt heard back until January with court action for the full figure of £11351.28 plus £600 costs on top. Again tried to get through to money barn but no response back. Part of the issue has been exasperated due to the poor customer service that is on offer from moneybarn and the difficulties in getting hold of anyone. Reading through the forums is the best course of action to: 1. Transfer maximum funds to the account given for the rebate and negotiate a repayment plan 2. Email a letter of complaint advising the manner in which this has been dealt with has been unreasonable and againts FCA guidance 3. Respond to the notice from the courts seperately - defending the claim Any advise that can be given would be much appreciated. Relative is currently on furlough and is not in the best of financial situations etc
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