Thanks for your reply Andyorch. That £408 is still less than one months car finance payment to Moneybarn, so if it works it's saving me thousands in the long run.

Thanks dx

Thank you for the information. So glad I found this forum, I'd been searching for some time and hadn't come across the relevant form! You trust that the team that are trying to help you get on-top of your arrears have your best interests at heart - very quickly became apparent that they definitely didn't. I've already put a case together for irresponsible lending, so I'll make sure absolutely everything is covered and get started with the N244. Would you suggest seeking legal help to complete the process? Or is it something I could potentially do myself with enough research? Thanks again! Nathan

Thanks for your response cjcregg, I understand that FOS won't & can't do anything now there's a consent order in place thank you. I didn't receive any sort of draft order, other than what was attached in the OP (redacted - compressed). "You can settle your outstanding finance balance in full – as a reminder, the amount you would need to pay is £12747.98 by 26/05/2021 OR We can see if we can agree a Consent Order with you, which is a way of agreeing an affordable, sustainable payment plan with us so you can pay back what you owe gradually over time." I agreed to move forward on clearing the arrears via a CO in May 21 and provided payslips at the time. I then received confirmation that the payslips would be sufficient from Moneybarn on 28th May 21. "I can confirm that in relation to our correspondence earlier today that these payslips are sufficient to meet the criteria that we need when applying for a Consent Order. I have now passed these payslips over to the department that will review your circumstances and issue a letter out to confirm what your repayment amounts will be moving forward to clear the arrears. No further action is required from yourself until this letter has been received." Didn't hear anything back until I received documents stating a court date in February 22 (received Nov 21). I then frantically tried contacting Moneybarn for a week and couldn't get through to them via multiple emails and phone calls. Ended up emailing the CEO 15th Nov and received a response the following day from his secretary stating the case had been passed to DWF solicitors. Contacted DWF who said they were now in charge or arranging the CO, and asked for an updated I&E document, which I promptly provided. I also queried the amount they had as outstanding owed: "Can I also note that the amount DWF have noted that I owe Moneybarn is £16,485.00. But on my online portal that I have been making my monthly payments on, it states that I owe £15,243.00 which includes any arrears. That’s a £1,240 difference which is 3 months' worth of payments of £414 that I have made that haven’t been included. Can you confirm what the next steps are please? Do I make an offer, or do you calculate one based on the attached I&E?" To which their response was: "Thank you for sending over your income and expenditure form. We have reviewed the details, however before we are able to consider a payment arrangement, please can you confirm when the last payment of £414.00 was made to Moneybarn? We will request an up to date Statement of Account from them so we have the most accurate agreement balance." I then provided evidence of all payments made since the £803 made in May 21 to clear some of the arrears before they'd consider the CO. Heard nothing for a while then was hit with: "Please can you confirm if the payment of £414.00 was made to Moneybarn in December as this would decrease our outstanding balance. The current balance we hold is £15,835.00. To clear this within the 27 months remaining on the agreement, you would be required to pay £586.48 a month at least. If you are happy with this, please let us know the start date for the arrangement and we can see if Moneybarn will accept it." I clarified December's payment was made and offered £550 per month. They accepted the offer: "We have been advised by Moneybarn that we are in a position to accept your repayment offer. Could you please advise as to what date you would like to start payments so we can set this up for your file?" I then set up a DD of £550 per month to DWF. Until the CO was approved. I then continued to make payment to DWF as instructed in the CO. Received an email stating I hadn't made a payment, from Moneybarn and that I was in breach of the CO (due to the delay between DWF sending over the payment to Moneybarn - I had definitely made the payment on time and had evidence). Some back and forth between me and Moneybarn and they eventually agreed for future payments to go directly to Moneybarn and I haven't missed a payment since. In relation to your question - I never had an official draft CO offer. I just made an offer of repayment to clear the arrears, which was accepted. I was told I didn't need to attend court, it would all be sorted out for me. "If the terms were different to what was agreed with you then you should, in the first instance, query it with the other side and suggest they apply for a new consent order accordingly and at their expense. If they refuse you can then apply to the court to vary the order to the originally agreed terms and request that the costs of the application be met by the other party." - I appreciate this information, thank you - I will approach Moneybarn and highlight that the CO was originally agreed to clear the arrears - not for the full remainder of the agreement and see what happens. Best regards Nathan

Hello to anyone reading. I've just called FOS and the person looking after my case has stated that even if the consent order was amended, FOS are now unable to review the matter because of the consent order. She said my only option is to look at seeking legal advice and take Moneybarn to court - to have the consent order changed and request they pay me back the interest, charges & remove any negative marks from my credit file. In response to dx100uk - thank you for responding. I complained to Moneybarn as I believe I should not have been given the car finance in the first place, given the financial situation I was in. I feel the affordability checks I completed at the time weren't sufficient, as I would not have been given the finance if they were. I had numerous defaults on my account, loads of short-term / payday loans on my account and my bank statements show I should not have been granted £25k in car finance as it just made my situation that much worse. When Moneybarn rejected my complaint, I referred it to FOS in January 22 and only received a response on the 11th November stating it's not something they're willing to look into for me. So FOS are out of the question now, going off of their response. I'm going to have to find a way to request the court amend the consent order. It's even more frustrating that I feel Moneybarn have lied to me by saying I'd only be in the consent order to cover the arrears and I've not put two and two together when attempting to understand all of the court documents I received at the time. The consent order was also for the incorrect amount (it was above £2k over the amount owed) and I was told by Moneybarn's solicitors that they would rectify it, but I've never had anything to confirm it was rectified. Best regards Nathan

Greetings readers. I would be extremely grateful if anybody could provide me with some advice on an ongoing situation I have with Moneybarn. I wish I'd discovered this website & its subsequent threads 2 years ago, as it would have saved me a great number of headaches - alas, hindsight is a wonderful thing. In a nutshell, I have a complaint in with FOS about this agreement (full details below), but FOS have refused to look into my complain t because I have signed a consent order. FOS have suggested I seek legal advice as to whether the consent order can be amended to allow them to look into the complaint. The information I was given by Moneybarn in relation to the consent order was that once the arrears were paid off via the consent order, they'll confirm the amount outstanding and help me set up normal monthly payments. I'm lost to be honest. I think, looking at the consent order that I've signed it to pay the full remaining balance and not just the arrears. I do struggle with understanding forms because of my ADHD - my working memory doesn't allow me to retain information in my head long enough to connect dots in the way a neurotypical person would, but I'm trying my best to take time to understand and resolve this. My main question is, is it possible to have a C.O amended, in a way that would allow FOS to investigate my complaint? I've broken down the history and timeline as best as I can below and I'm happy to provide any additional information if it would assist anyone who is willing to provide advice. Thank you. Background Foolishly took out car finance with Moneybarn in April 2019 (whilst already in serious debt). Had a very rocky payment history with them (screenshot of credit report impact attached - important to note that whilst they've reported 21 missed payments in a row, I was only a little behind). I had to take out a guarantor loan within a month of signing the agreement, just to make the first months payment. I took 2 payment holidays and was rejected a 3rd. Full disclosure - I had a gambling addiction for years before taking out this agreement and during some of it too. It got that bad, that I took out multiple payday loans just to meet priority bills, sometimes not even paying them. I already owed NatWest over £20k before I was given this finance agreement, had numerous short-term loan accounts, and had no money in my bank at the time of signing. I'll never understand how I passed their credit checks. It took a lot of therapy, support from friends and family, self-taught CBT and my eventual 'Adult Combined ADHD' diagnosis - to understand enough about my brain, dopamine addiction and impulsivity control to overcome the situation I'd worked myself into. I, thankfully, haven't gambled in over 12 months. I also surrendered full control of my finances to my partner - who has amazingly managed to help me get back on top of a lot of my outstanding accounts and supported me throughout. The issue I eventually defaulted and Moneybarn contacted me with the following - copied directly from their email to me: "You can settle your outstanding finance balance in full – as a reminder, the amount you would need to pay is £12747.98 by 26/05/2021 OR We can see if we can agree a Consent Order with you, which is a way of agreeing an affordable, sustainable payment plan with us so you can pay back what you owe gradually over time. What is a Consent Order and how does it work? A Consent Order is an agreement between you and Moneybarn where you agree to repay the remaining costs and arrears on your agreement with us over an agreed period of time. Once the arrears have been paid your normal monthly contribution will then continue until the end of your terminated contract. The Consent Order is a legal document which needs to be sealed by the court. However, you won’t need to attend court and we can arrange everything for you. It’s important to note that once we agree a Consent Order, if you then fail to make any of the repayments and you don’t keep in contact with us so we can support you to stay on track with the repayment plan, then you will be in default of the Consent Order and we will have the legal right to repossess the vehicle at that point. What costs are involved if you proceed with the Consent Order option? I have detailed the total costs below, which includes the arrears amount you’ve built up already, plus the court costs that will be applied for entering into a Consent Order: Court fee for Consent Order: £408 Total arrears amount: £3212.00 Total costs including arrears*: £3620.00 *The total costs shown above is the amount you would need to agree to pay us back under the Consent Order initially. Once that’s paid back, we’ll confirm the remaining finance amount outstanding at that point and we’ll help you to set up normal monthly payments to continue until you’ve fully cleared the terminated agreement. We also need you to please also take the following actions: Make an initial payment of £800.00 towards your current arrears. Please call us to do this and have a debit card to hand (see contact details at the end of this email)." I made the £800 payment, and every subsequent payment on time (despite them continuing to report late payment on my credit file for a number of months following). I realise now from reading all of the responses on this forum relating to Moneybarn that I should have applied for a time order and rejected the consent order. The consent order was agreed in February 22 (trying to find the exact date) and every payment has been made on time since the consent order was agreed. Having made payments of £550 per month since February (possibly January), I've paid over £5,500 towards clearing the arrears. "Total costs including arrears*: £3620.00" - Minus the £800 initial payment towards clearing the arrears would be £2,820. Minus the £5,500 I've paid towards clearing the arrears would put me £2,680 ahead? I'm guessing I've messed up by signing the consent order for the full balance and not the £3,620.00 stated in the email chain? All advice is welcomed at this stage. I've contacted a few solicitors about amending the consent order too as I don't want to let Moneybarn get away with this. This whole experience has been an enormous life lesson, in many different areas. Thank you for your time in reading this and please let me know if there's any additional information I can provide to help. Best regards Nathan Moneybarn Payment History (Credit file).pdf Moneybarn (2)_Redacted-compressed.pdf