Hi All, Apologies if this has been asked, I am sure it has been but I cannot see it. I have a moneybarn HP agreement. I am in arrears of 3 months, and they have issues a default notice (allegedly). I am able to meet my monthly payment of £195 but they will not set up an arrangement because I can only offer them £200pm at present. I have paid £7070.04 of my £10391 arrangement so 68% of my total arrangement. Can they repossess? even if I pay the £200pm on the online portal so they are still getting a contractual payment? Thanks

I was unable to pay the mortgage for about 10 months, but then I got a new contract and was able to set up a standing order which was larger than the statutory amount. I decided to pay this larger amount in order to gradually reduce the size of the shortfall in a way that I could sensibly afford. Prior to my first default I was actually overpaying over a number of years, so that my 10 months gap was actually only 4.6 months on the balance sheet (this is acknowledged by the lender). I have already given Mortgages 2 my assurance, several times, that I will be able to overpay them every month over the full term of the mortgage. Despite this they have started legal proceedings to repossess my home. The really odd thing is that they started their proceedings against me after I had set up my standing order to pay them more than I needed to! They have now had 3 uninterrupted monthly payments and still have not stopped proceedings. They are using Moore Blatch and the court case is in early July. Mortgages 2 are no longer in the mortgage lending business, and are obviously keen to recover all of those pesky mortgages and get their hands on the money for whatever new venture they have up their corporate sleeves. My defence is based on exactly what I have told you here. But what can happen? Will a judge really allow me to be made homeless when I'm regularly paying a larger sum than I need to? This is crazy! Does anyone have any views on this?

Hi all. My family have come into a predicament whereby the mortgage on a second property (buy-to-let) that they own has expired. Just before the mortgage expired they had put the first property they own on the market, in hopes of selling it and repaying both mortgages. Once the mortgage expired the mortgage lenders gave up to now an 8 month "grace-period" to sell the property and repay the debt. The house was very close to being sold to a potential buyer that was about to exchange contracts with us but pulled out last second saying it wasn't a great investment for them anymore. Leaving my family with a mortgage lender that has already waited 8 months for us to repay the full mortgage (Note that through-out this time we have been up to date with all monthly mortgage repayments). The property is still on the market and we are trying our hardest to sell it. The mortgage company are now telling my family that they could appoint an LPA receiver to repossess the house. So my question is are they able to appoint an LPA Receiver for the property? Even if we are trying our best to sell the first property they own, whilst continuing to pay their monthly mortgage payments which in addition we have been paying an extra £600 on-top of our interest we already pay towards the mortgage, which they have been doing for the past 6 months. I've tried searching the internet for the past week to find cases similar to ours for answers, but i can only seem to come across information that confirms an LPA Receiver can be appointed only once the owner is in around 2 months worth of arrears on their monthly mortgage payments. (Which we aren't). Thanks anyone in advance that can help!

Hi everyone. Im new here and need helpful factual advice for my situation if anyone can help please. The situation is this: In October 2016 a friend of mine needed help in buying a van for his business. We are good friends so I didn't hesitate to try to help out. I lent him the money to buy the van £2500 and at the time my brother said we should draw up a contract and he would sign as a witness. I was a bit embarrassed but my friend was good about it so we downloaded a contract online that said secured the loan on the van and if he was to fail to pay then I could repo the van after giving him 30 days notice to pay. My brother also insisted I registered the van in my name at the time so I have always been the registered keeper. It was a lump sum payment with no interest agreement. He said he would be able to pay in December so that was the understanding. December came but he couldn't pay. We spoke many times and it was always uncomfortable asking for payment back. He said he was down on his luck at the moment and hadn't got the contract he was looking for, He kept asking for more time, I gave him another month and still nothing. My brother said rather than keep asking him whenever I see him what I should do is write a letter to him so he could take it serious. I wrote a letter in February this year asking for payment. He replied to it explaining it was hard and couldn't pay yet but will be paying as soon as. I wrote again in April & then May. I know he is genuinely going through some tough times and he's always been good about letting me know whats happening. He wrote in his reply that he really was trying his best and to be patient. I really need the money to pay my debts and it's causing problems with my brother and other family members. He said the van needed some work and an MOT and he had secured a contract which would bring in the money so he could pay me back. I gave him another few weeks. He then called to say he had problems when he took the van in for an mot. I t failed on brakes and 1 light and the mot said they would see what the problem was and call him to say how much. He said they didn't call when he chased up a few days later they said they had finished and gave him a huge bill of £2500. He's disputing that with them right now and they have seized the van. I wrote to the garage to see of this was the situation and it was and I asked if they could negotiate and they said they were not willing to, it's the money or they hold the van. My brother said to write another letter to him giving him another 30 days to pay finally. I felt bad doing it but I did and he wrote saying he is trying to resolve the dispute but hes not sure how long it would take but no the garage was charging £20 a day storage and to give him more time. I threatened to repo the truck as I do absolutely need the money and I could sell the truck. He said to be patient and he hoped the dispute would be resolved by then. 30 days came and went so my brother said to write him a default notice and give him 14 days to pay. I did and he replied a few days later to the letter saying the dispute is still going on and his way out is to go to court because they refused the offer he gave them for whats reasonable for the job. He said he does.t want to make any more promises of payment and break them. He said he understands it's been a long time coming and as he cannot see a way out and his finances are totally shot. He said he cannot get a hold of the money to pay & he agrees to me taking the van and selling it to get back my money. He said not to bother taking him to court as he agrees he's broken the agreement and he really cant afford any more strains on his finance. He said he is happily giving the van back to me and will pay for my troubles when he is on his feet again & agrees to pay any shortfall. He explained he would have bought the van to me but because it's in dispute with the garage and they have the keys he can't just give me the van. I don't know what to do now or what my rights are if any as the garage won't give me the van neither. My brother said to just go down there and demand the van back showing them my agreement and logbook and he will drive it out. He's a bit of a hot head and I don't want to get anyone in trouble. To date I have not recieved a single penny in payment towards the van. So my question is, am I 100% within my rights to claim the van? Can I get the van back even though there is a dispute on money owing on it between my friend and the garage? Would I have to pay the amount the garage are charging in order to get the van back? That would be pointless as the garage wants the amount of money i'm trying to get back from the van. Finally if I can get the van then what is the legal way to do it considering the garage will obviously not want to hand over the van easily? All help is appreciated.

Hi all, Need some advice please... Details are as follows... I took out a finance agreement for a car with MoneyBarn in Nov 2014. Made all payments up until June 2015 which was missed (an error on my part which I never noticed). Every subsequent payment made successfully. Monday Feb 1 I have a knock on the door with 2 bailiffs requesting to take my car there and then. They showed me on an iPhone a copy of the termination notice which was the first time I had laid eyes on anything like that. I telephoned MoneyBarn immediately to ask what was going on, they told me the car was being repossessed for that one missing payment from June 2015. I had the funds to pay in then and there, and requested to do so, but the rep said it was all too late. I asked why they hadn't contacted me at all about this, and their response was that they had written to me and called me on my mobile and home phone numbers and had left messages. I have CATEGORICALLY not received any correspondence from MoneyBarn regarding a missed payment, and I have categorically not received any emails, phone calls, phone messages or calls or voice mails on my mobile. This was a bolt from the blue. I refused to let the bailiffs take the car. On Wed 3 Feb (2 days later) I receive a letter from MoneyBarn stating that agreement has been terminated. This is the first correspondence I have ever received from them. I do some research on the internet and apply to the County Court at Maidstone for a Time order. This is turned down on the grounds that the agreement was already terminated So where do I go now? This is so unfair. I am easily able to pay the monthly premiums, and offered to on my first phone call to MoneyBarn. I don't want to lose the car as it is in negative equity by I estimate £5-8k. Thanks in advance for any advice. Regards, Sam

Hi All Firstly , a little background history about my predicament.... I am heavily in debt, I have the following monthly outgoings: NRAM morgage on my 2 bed house £389 NRAM mortgage on mine and my estranged wifes house(with our 3 children) £675 Firstplus Secured Loan £383 Individual Voluntary Arrangement via Debt Free Direct £247 Food, fuel, gas , electric, living expenses approximately £300 TOTAL £1994 INCOME (depending on how much overtime I can get) £2000-£2150 As you can see, I am living on a knife edge financially. Now, during the middle of last year,I had a few large bills (boiler packed up), and the overtime dried up too, and as a result, I missed three/four mortgage payments on my house (£389p.m). The arrears stood at £1132 at the end of September 2013, but I was able start paying £450 a month which I did. So the repayments looked like this.. September 2013 £450 October 2013 £450 November 2013 £450 December 2013 £450 January 2013 £450 Febuary 2013 £500 Therefore, anyone with half a brain could see that the arrears were REDUCING ! But guess what? Despite constant phone calls from NRAM ( which don't create more money to pay them!), they still took me to court at the end of Febuary with the view to repossess. I only had £713 arrears left at the beggining of March and a court date for 2nd April 2014.... So I had to sell stuff and skip paying other debts in order to pay NRAM. So I paid £477 to NRAM on the 17th March 2014 and on the 27th March, I paid £624, clearing the arrears and making April's payment also..... And they STILL took me to court! By this time I was bricking it. So on the 2nd April , I went to court to face them alone. (I cannot afford a solicitor) But luckily one of the court duty scheme solicitors was available. So we went in and NRAM's solicitor just said " we seek an adjournment" and the Judge just asked me if things were going to improve financially.... I just said I hope so , and that I am trying to work as much overtime as possible to increase my income blah blah blah.... The judge just said that if I have arrears again in the next 12 months then I will end up in court again. So that was it, I just wanted to get out of there.... After reading some of the posts, I think the judge was more in favour of NRAM to be honest. On Monday , I am going to send NRAM a nice £10 present and a Subject Access Request so I can claim my penalty charges back..... I hope CAGgers in the same boat as I am realise it's not as bad as they think.... Now my question is: Can someone send me the template for the SAR and some advice on what do? Also do those that know, do you think I was treated fairly by the court and NRAM? Opinions please? Kind Regards Dick

I took out a conditional sale agreement with Moneybarn in March 2012. I can't remember the total figures but the agreement was over 60 months and my monthly payment is £215. I part exchanged my previous car as the deposit. I made 20 payments on time with no difficulties. Then on 1 December 2013 I missed a payment. I got a letter on 14 December advising they had noted I had fallen into arrears and to make payment immediately. A lot has been going on and it sounds awful but I almost forgot about it all until today. I can catch up the missed payment plus the £25 charge on the 31st December. I have emailed them to say this but so far have only had a response to say they will need my postcode, DOB etc to discuss my account further. Are they likely to try to repossess over 1 month arrears that I can repay in a few days?

I have a situation that stinks of some kind of fraud but I really need help to establish the facts as the maneuvers this company have made are beyond me. A property management company are trying to repossess a flat that we are the landlords of claiming we owe unpaid fees. Very long story but in essence the builder of the development went bust sometime between 2006 and 2009 and although the properties are all complete (I think), the roads are still not complete (no surfacing) amongst other things. The builders were also the management company (under a different name I think) and went into liquidation. When the builder went bust we were advised (by someone in their own office) to stop paying the management fees as no one else was paying and no one was doing any management. Actually they had done next to no management to this point anyway and we were very unhappy paying a bill for nothing. In any case although the property is a flat it's not the normal set up in a block with shared access, it's self contained in that you enter a door on the ground floor and stairs take you to the first floor flat. The stairs are part of the flat (not shared), they are internal to the property ie carpeted etc by us. There are only two floors to this development (ground and first) and the buildings look just like houses from the external. In 2009 our mortgage company applied a cost to our account stating the management company had mad a claim for fees. We disputed this and the mortgage company reimbursed us. We then called the phone number that our mortgage company had given us for this so called management company to hear a very heavy African accent answer "hello." No company name or any hint of professionalism. Just a very rough hello! It seemed very strange and I was suspicious as the guy was extremely cagey when I asked questions. I gave him our address and said if you are legit send me the paper work re the costs. Needless to say we heard nothing so I forgot all about it. I so wish I had pursued it then (2009) because in July we received a solicitors letter claiming over 5K in unpaid fees! I spoke with the solicitor and raised several disputes. 1. It's a self contained flat (no stairs or corridors to maintain) 2. There's no direct garden to speak of (it's first floor) 3. We've had no contact since 2009 4. There are costs for lease transfers on the statements I've been sent (sounds dogey) 5. The builder went bust but somehow transferred the management of the flats to another holding company then had the contract managed by yet another company 6. The builder concerned has changed names (ltd companies) 3 times according to Companies House A solicitors letter has been sent to my tenant informing them of an intention to repossess if we do not pay the costs and it states: "We as solicitors and agents for company a on behalf of the claimant, company b hereby give notice" etc etc. In this case company b (the claimant) is in liquidation according to companies house. Are they able to make a legal action in this state? Who do I communicate with, the company, a liquidator, the solicitor? I could really do with some help from anyone who is knowledgeable in this area. I fear some elaborate phoenix type [problem] may have occurred and have already heard of repossessions on the estate. At the moment we have a ccj for over 5k and we didn't even receive a summons. Okay I accept it's probably a well used excuse, "I didn't receive the summons your honor" But honestly we didn't get any summons but we got a ccj from the court. Is it possible for a solicitor to serve the summons at the rented property address but have a ccj registered to our home address. It's the only way I can think of that we wouldn't have received the summons other than a simple postal error which happens frequently for our post code for some reason (sometimes mixed up with a street that off our road). I last spoke to the solicitor involved back in July and she agreed to hold off on any action until she had put my questions to her client including a request to view the company accounts and receipts as is our right. How is it possible to then receive a ccj without knowing about a hearing? Oh and obviously she lied but I recorded the call. I know I can't use it in court because I didn't tell her I was recording but assume I could transcribe it and use this as notes to refer to. Does anyone know if a solicitor verbally agreeing one thing then doing the opposite is in any way viewed as misconduct or contra to any type of code? Has she done anything wrong? Help please!

Hi all and great forum I have a Welcome finance secured loan for £26k. I have defaulted and am not paying regular amounts into it. As it is a secured loan can and would they repossess for 26k ? Also is there a way I can find out if I have ppi on the loan Thank you