I have received the attached response following my request for VT. Would you say I should look to do a time order now or wait it out and see what their "legal team" comes back with? Thank you for your help. mbresponseVT.pdf

My apologies for the block text. I wondered if by arranging recovery without a court order would be seen as an attempt to act unlawfully and would not go in their favour should this go to court eventually. Having said that, would I get a chance to provide any defence/information if they do seek a return of goods order? I will email and request the VT on the basis that they would otherwise have to proceed to court.

Thanks so much. Just thinking, we have a text message and an email to prove that Moneybarn have attempted to arrange for a recovery company to collect the vehicle this week (although I spoke to the recovery company and pushed them back so I could deal with this with Moneybarn). Would their attempt to collect the vehicle without first going through court or gaining consent from myself make the HP agreement void or would they physically have had to collect the vehicle and take it away? I am hoping they are in breech by even just arranging the collection and will include this in my email when I ask for the VT if I am not being silly.

Ok so we have now found the default notice and this expired 12th Feb! We have also found the "termination notice" however to our knowledge, they have not gone through court for a repossession order prior to arranging collection of the vehicle. Am I right in thinking they would need one before attempting to retrieve the vehicle because I have paid over £11k of the £18k finance agreement (around £6500 left)? Would my only option now be a time order? Or do I leave them to it and see if they collect it without my consent or a repossession order and take them to the cleaners that way? Thanks again for all your help and advice.

Thank you Dx. even though they have supposedly terminated the agreement, I am still within my rights to VT? Also, they say I have to make a decision by tomorrow, obviously a letter won't reach them by tomorrow - would an email to them to request VT suffice for now? If you have any advice on what I should say to push them for this I would really appreciate it.

Hello, I would really appreciate some advice for my partner. He received a text from a company claiming they have been instructed by Moneybarn to collect his vehicle. Prior to this he had no idea that Moneybarn were going to terminate his agreement, he found out when he called them after receiving the text. He has not seen a default notice, I have asked him to double check through all his emails. Bit of backstory - he got into more debt than he could afford and missed a couple of payments here and there, he has been keeping up with the monthly repayments more recently however has not been able to afford much more than £20 or so extra a month towards the arrears. We believed that Moneybarn did not conduct thorough affordability checks as it is unlikely he was able to realistically afford the finance to begin with, and they never asked him for his outgoings- just a recent payslip. We complained, but they claimed their checks were appropriate, and when we referred this to the FOS they sided with them. I do feel like we should have provided more detail and contested this further but we were under a lot of stress during that time and decided to leave it. Moneybarn are suggesting the usual 3 options as they claim that the agreement is now terminated. I understand following other threads that we should do a time order- does this involve high costs please? He has seen somewhere that we may need a solicitor if we follow this route also? Moneybarn are saying he has until tomorrow to make a decision. My partner has paid well over 50% of the agreement, and has around 6k left to pay. He says he would be happy to VT, as the monthly cost of this car is crippling and he is now in a new job as a field service engineer which means he will soon be given a company vehicle to use for work. Also, just to add- Around 2-3 months after collecting the vehicle, it developed a serious engine problem which my partner had to pay 2k to fix. He tried arguing this with the dealership and Moneybarn and got nowhere- he even paid for the car to be delivered to the dealership so that they could arrange for an independent inspection and ended up paying for the whole lot. This was what caused his debts to spiral out of control. We did mention this in our complaint but they were only interested in the affordability check side of things. Any advice on what our next step should be would be really appreciated! Thank you.