attempted Car repossesion by moneybarn **WON IN COURT**

[tigeress289]

Hi, new to the forum and having just read a fantastic post on a welcome loss, made super reading.

 

I used a different company and bought a car over 48 months.

 

After 36 payments, I lost my job but still managed to pay another 7 after that.

 

This left 5 and I was finding it hard.

 

I phoned the company and the rep was not interested in spreading payments.

 

I defaulted but managed to pay the next instalment, leaving 4 but still a month behind.

 

Charges were being put on but still no movement from them, they just wanted the money.

 

I then paid the next payment ,leaving 3.

 

Finally I reached an agreement with a senior rep and the last 3 payments would be, 367 instead of 322.

 

I put the money in the bank but they tried to draw 467 and the bank returned the request.

 

They served a termination notice and handed it over to another company.

 

3 months later I get a knock at the door and someone threatens to remove the car if I do not pay 1140.

 

I ask if he has a court order and he says, NO.

 

I told him I wish he had taken it as I could have claimed all the money back,

 

he laughed and said he nearly did but checked the notice and saw there was no court order.

 

He said he would have been liable had he had taken it.

 

My question is,

if the company apply for a court order to reposess.

 

Does the court have to notify me directly as I want to make an offer to pay the remaining 3 payments off over a period as now unemployed.

 

Or is there another way to resolve this, as I feel the company has broken an agreement

and given me no chance from the offset.

 

Thanks for any replies.

[dx100uk]

whose the company please

 

dx

[tigeress289]

Moneybarn

[dx100uk]

ah yes ductons Car Finance 247

 

ok

 

have you all the statements from day one and the agreement to hand?

 

ever been hit with PENALTY charges?

 

dx

[Ell-enn]

They certainly would need to take you to court for possession as you have paid more than a third of the agreement.

 

If they do issue a claim the court will send you the papers with a form to defend.

 

If you are able to make payments towards the last bit you owe on the agreement then there is no way a judge would allow the vehicle to be repossessed.

 

Ensure you only pay the installment amount, not the charges.

 

When you have paid the total balance of the agreement they will argue you still owe money for their charges

- let them try and take you to court for that!

 

What they do is whenever you make a payment they take their charges off the balance first then the remainder goes towards your monthly payment,

that way they can keep you in arrears and so keep adding a monthly charge

- they are a nasty bunch to deal with.

[tigeress289]

Thanks dx and Ell.

Up untill I became unemployed every thing was fine

 

as I had lost someone close in the first year

I bought the car and had funeral expenses,

 

phoned Duncton as they was then and spread a payment over the next 3 to help me out, with no problem.

 

This lot, different ball game.

 

I will check back every thing and see how much charges have gone on.

 

In the mean time I am going to offer a payment plan as I just want to clear the debt having invested so much into the car.

 

I am so glad to see the court has to notify me as the recovery guy

stated that they get an order without having to contact me and the car will just be removed.

 

I will let you know the responce I get.

all the best and thanks again

[dx100uk]

did you get stung for any insurances on the agreement too?

 

fav trick of dunstons was to imply things

like gap/life/ppi were compulsory.

 

dx

[tigeress289]

No,

I got stung by the dealer I bought it through,

 

he took a 2500 cash deposit + a 225 document fee.

 

Borrowed 9000 and interest was 6181.

 

Will recheck all payments as I paid quite a few fees early on when I changed payment dates and moved bank accounts.

 

There was a fee every time.

 

I can also see how they seem to take payments off the charges as you say and keep the arrears high.

 

I will get all my bank statements from day 1, as the fees are looking quite high.

 

Thanks for the help.

[dx100uk]

looks like you need to sar moneybarn

 

get all the statements

 

i bet they owe you.

 

dx

[tigeress289]

Thanks again dx, what is a SAR?

[dx100uk]

hold on it and click

 

dx

[tigeress289]

Just had an interesting phone call which I find strange from the colections/recovery company. I offered 50 pound a week but turned down. The extra fees however, now exceed 600 pound.

[Ell-enn]

If you write to them asking for the charges to be refunded due to them being unfair, I bet they send you a letter stating their charges were assessed by the OFT and deemed to be fair - they even quote an OFT case number !

[dx100uk]

Just had an interesting phone call which I find strange from the colections/recovery company. I offered 50 pound a week but turned down. The extra fees however, now exceed 600 pound.

 

stay off that phone!!

 

dx

[tigeress289]

OK, wil type the SAR out.

[dx100uk]

just edit it in ms word

with your details

 

no need to type it all out

 

dx

[tigeress289]

Just got the sar details back, which was quick.

 

What I am looking for as unfair charges?

 

I am going to send another offer to pay the arrears off in writing but would like to know if anyone has ever taken a finance company to court over the unfair charges?

 

I need to spend some money on the car for repairs as I have a buyer and already found another car.

 

Someone posted once 3/4 paid off the finance company are no longer owners. But have had no reply on that thread.

[dx100uk]

no its theirs until the final payment.

 

look for reoccuring 'fees'

 

late/over/letter/debt management

 

if not scan them up

 

dx

[tigeress289]

Good news from the Court, the Judge said it was one of the worst cases they had heard and allowed me to to pay in installments. Without asking they did not allow Moneybarn any costs. What I must say is that the advice on this forum has been excellent but the downside to shown just how low Moneybarn have reached, is that they used these posts in their witness statement as it it were all facts.

 

So my advice in future is not to use company names and keep details as basic as you can to avoid these low lifes scanning consumer forums to try and get evidence against you. Thankfully the Judge ignored them and in a way worked against them.

 

A footnote is that a SAR has opened my eyes to just how much you can uncover. As Wolfie, would say, "Power to the People" A big thanks to all those that helped as you were all part of defeating a faceless money grabbing company. You really do have to wonder what type of person works for companies like them.

Edited May 29, 2013 by tigeress289

[dx100uk]

great well done

 

what happened about the PENALTY charges

 

anything happen?

 

dx

[Ell-enn]

Great news - well done. I trust the statement you took to court helped the judge come to the right decision

[tigeress289]

It was right in front of the Judge and I am sure they read it well before hand. Would love to have heard the solicitor phoning moneybarn afterwards. A very good day to say the least.

Edited May 29, 2013 by tigeress289

[Ell-enn]

It was right in front of the Judge and I am sure they read it well before hand. Would love to have the solicitor phoning moneybarn afterwards. A very good day to say the least.

 

 

I love it when a plan comes together...........