Moneybarn Claimform - car finance

[beachcomber60]

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Edited July 22, 2010 by beachcomber60

[TheChancellor]

Hi BC

 

Sorry to hear of your problems.

 

Can you post more details or even a copy of the agreement if poss (after removing your personal details).

 

It would appear to be a lease rather than a HP agreement & is it to yourself or your business?

 

Is it governed by the Consumer Credit Act?

 

TIA

[beachcomber60]

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Edited July 22, 2010 by beachcomber60

[beachcomber60]

This morning I received a default notice from MB Finance written on the 4th February and post marked 9th February giving me until 5pm tomorrow to pay two missed payments (£1100), failure to comply in full will result in the car being taken away.

 

It is an unregulated agreement, and should I not pay the two payments the car will be collected, I will still have to pay the arrears + all the remaining rentals due under the agreement (£21K).

 

I did try and terminate the agreement last November but they wanted the car PLUS £22k being the total remaining rentals, so I have been trying to keep the agreement going as there is no way I can find £21k, I am actually one payment behind as I have already sent one which has obviously crossed in the post.

 

Help urgently required as I just dont know what to do.

Edited February 10, 2009 by beachcomber60

[Pinky69]

I found this for you on a legal website:

 

Car Repossession explained

 

If you feel you are struggling with you car on finance you should let the finance company know as soon as possible, as they may be able to help you.

Your lender has the right to take back the goods if you don't keep up your repayments. You'll be sent a notice first, giving you the chance to put things right. But you will have to act quickly - within seven days.

If you haven't got the money to put things right, explain this to the lender. If they won't agree to less than full payment, they may take you to court. You can ask the court to give you extra time to pay if you really want to carry on with the deal.

If you've paid more than a third of the total cost of the HP or CS (not including any insurance), your lender will need a court order to take the goods back. If you've paid less than this, the lender still can't enter your property to take the goods without a court order, unless you give them your permission to.

If you are having problems keeping up with repayments it may be cheaper in the long run to hand the goods back.

[beachcomber60]

Thanks Pinky,

 

Dont mind them having the car back, its the fact that they also want £21k in addition to the car thats worrying me sick.

 

I thought also that they have to give 14 days notice on a default notice not 24 hours.

[twofoot]

Is there any way you can post up the agreement minus your personal details. That way to might get some serious good advice.

[ncf355]

Why is it an unregulated agreement?

 

Is it in your name or a companies name?

 

What was the original credit amount?

Edited February 10, 2009 by ncf355

[Pinky69]

I think the poster mentioned in another post that the car cost £40,000, hence the unregulated agreement (over £25000).

[beachcomber60]

Pinky,

 

U are correct the cost of the car was over £25k which is why its unregulated, I have sent one payment which means I'm 10 days late on the second payment.

 

I cannot understand, and I am pretty sure that the default notice has not been issued correctly :-

 

Issued 4th Feb., posted 9th, received by me 10th giving me until 5pm 11th to pay.

[beachcomber60]

Urgent advice requested

 

Can they legally issue a default notice, hang onto it for five days before posting thus giving me just 24hours notice to pay up.

[Pinky69]

It's supposed to be 7 days from the date of the letter. You can argue that you didn't get a clear 7 days and when they come to get the car, show them the envelope.

[beachcomber60]

Thanks Pinky,

 

Intend challenging them on that point & see if I can reshedule the one payment I'am behind. Failing that they can have the car back, what worries me is that they still want all payments due under the agreement (about £20k) in addition to the car - surely this cant be right? If I'm struggling to find the monthly payment how the heck am I supposed to find £20,000.

 

Have tipped your scales

[Pinky69]

Thank you, beachcomber. Let us know how you get on.

[Guest dvdriley]

until the legality of the DN is resolved I would ensure the car is not at your address for collection

[beachcomber60]

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Edited July 22, 2010 by beachcomber60

[42man]

Have you seen this thread Beach ? - http://www.consumeractiongroup.co.uk/forum/legal-issues/170345-tale-dodgy-dn.html

[beachcomber60]

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Edited July 22, 2010 by beachcomber60

[beachcomber60]

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Edited July 22, 2010 by beachcomber60

[traceyb918]

Hi Beach,

 

Im rubbish, just thought i'd stop by and BUMP you.

 

Tracey

[beachcomber60]

Thanks Tracey,

 

 

Beachy

 

bump

 

 

 

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[cerberusalert]

Your problem needs specialist advice with it being an unregulated loan. Maybe you'll get a better response if you posted it in Vehicle retailers and manufacturers - The Consumer Forums

[beachcomber60]

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Edited July 22, 2010 by beachcomber60

[cerberusalert]

It's such a specialised area that's the problem, I know it's not covered by the CCA prior to this month when the limit of £25,000 was doubled, but I doubt whether the change is retrospective.

[beachcomber60]

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Edited July 22, 2010 by beachcomber60