I’ve now received a letter from Moneybarn, saying that after an inspection, they are adding £25 for a polish to my account and £850 ‘agent fees’, then the car will be sold at auction. They only expect it to make £4k leaving me £9k to pay. they previously wrote to say that the car had several things wrong with it- as I know, it was undriveable. does this seem right?!

I don’t know if it was CPR Compliant- I got it from the Mini garage the car was towed to. they said to do more investigations would be another £200. I want to know if I can avoid the default or not? I sent them the exact letter recommended here, and got nowhere.

I sent them the report and they said it was general wear and tear. they said they’ve now inspected the car and the gearbox is broken rendering it undriveable and if I want it back I need to pay for it! Mini told me it needed various things doing- gearbox wasn’t mentioned! they won’t accept any other complaint and told me to go to the ombudsman.

I did refer them to the letter. They have resolutely refused to respond in any way other than a default notice which will obviously have a big impact on my credit if it goes ahead. What else can I do? I’ve followed all the advice on here and this is where I am. I can’t ignore it.

Well I wrote to them exactly as advised. They picked up the car three weeks ago ostensibly to look at it. Now three weeks on they have not replied to letter telling them I consider contract void. They have today issued a default notice saying I need to pay the last three months arrears - (despite them having the car and it not working since September).

Well, if it’s a repo they haven’t followed the correct procedure because I’ve not had a default notice or any advanced warning.

I had been asking them to collect it and inspect or repair because it was undriveable. The garage kept it on site for several weeks whilst MB played at silly buggers, and the garage started charging storage at £30 a day. Engage had to pay £450 to collect it.

Keys yes paperwork no- I have the log book etc

Too late- car has been collected by Engage- but as you say- no default etc issued. i will amend letter as you suggest. Thank you.

I have written to them as suggested. in the meantime, the car as at my local Mini Garage. They say that a company called Engage has rung them to arrange collection on behalf of Moneybarn. does this mean they have terminated the agreement? If they have, I haven’t received notice of this….urgently need some advice! Thanks

Yes.

Woodson Cars in Manchester

In their letter they said that they had spoken to the dealer who said there were no issues when car was bought.

Thanks- just noticed that. the arrears I have are for September, October and November- the months I haven’t had use of the car. I feel strongly that I shouldn’t have to pay this for a car I don’t have. if they default me can I still make a claim? I found the breach of contract stuff you directed me to, really useful. Should I now send that letter with a list of all costs incurred? Or should I approach the dealer as it seems like they are liable? But- my contract isn’t with the dealer, it’s with Moneybarn. They do say they’ve investigated but haven’t even inspected the car! I doubt they spoke to the dealership at all.

Really interesting thank you. I wonder what the outcome was for her- it doesn’t say. I wonder what to do next? Write back or go to Ombudsman?