Moneybarn - 2 months behind - Repo man showed up

[dx100uk]

no I think they know they cant repo from private drive

that repo lot are not cowboys from what I am reading.

 

dx

[Ell-enn]

Where are you parking it when it is not in your drive? these repo firms have been known to ride round the area looking for cars they want to repo.

 

Under no circumstances should you hand over the keys no matter what they threaten you with. If you can bring the payments up to date you can then fight another battle to get the agreement reinstated.

[Willy Wonker]

Thanks Ell-enn,

 

When its not on my drive way its on another drive way so hopefully they wouldn't try to take it if they aren't allowed.

 

I will bring the outstanding payments up to date however if the charges they have previously levied are not lawful then at this point in time I have overpaid by around £100 and next payment would be due on 1st November. What I need to establish is (and I know I will have a battle on my hands should I speak/write to MB) is whether they will accept my claim to have these charges removed from my account thus putting my account into 'credit'

 

I would of course love to get them removed as it would help me hugely at this moment but have to be realistic I suppose.

 

I'll await any help and advice you can all give before I make contact with MB.

 

Thank you

 

WW

[Willy Wonker]

I have replied to your email address - thanks

[dx100uk]

yep got it

now fwd me every email in or out regarding them.

 

dx

[theoldrouge]

Thanks Ell-enn,

 

When its not on my drive way its on another drive way so hopefully they wouldn't try to take it if they aren't allowed.

 

I will bring the outstanding payments up to date however if the charges they have previously levied are not lawful then at this point in time I have overpaid by around £100 and next payment would be due on 1st November. What I need to establish is (and I know I will have a battle on my hands should I speak/write to MB) is whether they will accept my claim to have these charges removed from my account thus putting my account into 'credit'

 

I would of course love to get them removed as it would help me hugely at this moment but have to be realistic I suppose.

 

I'll await any help and advice you can all give before I make contact with MB.

 

Thank you

 

WW

the more we can find wrong with your paperwork the greater the bargaining power you will have.You already have a non compliant default notice,laws and regulations are there for borrowers and lenders and if lenders chose to ignore them, then they must suffer the consequences

[dx100uk]

working on all the info I have via emails

 

back soon.

 

dx

[dx100uk]

thought i'd posted these already

[theoldrouge]

well somewhat disappointly its all there in the prescribed form and seems ok,

 

cp have even covered themselves with a disclaimer on the doc

which refers to hp (all t&cs are as per hp agreement OR customer agreement between youselves and the finance provider),

 

so in reality the bargaining chip is the faulty dn to get the ac reinstated and charges reclaimed

[Willy Wonker]

Thanks for that,

I did feel as though my claim or dispute would not be with CP

however the more immediate issue is with MB

- so what would you suggest that I do in respect of making contact with them to try to get this account reinstated.

 

As previously stated

it would help if the charges were removed as the arrears situation would be minimal

(of course another payment is due 1st - which I can pay).

 

Can you advise on this please (if possible)

 

I appreciate I have taken up so much of your time already

 

Thanks

 

WW

[Ell-enn]

I wonder if you should apply to the court for a time order?

 

in your application you could tell the judge

that MB are taking arrears fees out of any contractual monthly payments you are making

so making the arrears situation worse.

 

Let me check with another team member re the time order.

[sequenci]

Here's a fact sheet explaining a bit more about Time Orders:

 

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=06c_time_order_hire_purchase_or_conditional_sale_agreement

 

In a nutshell they allow a court to reschedule your remaining repayments - potentially to a figure when is lower than the original contractual monthly amount. Generally speaking they are supposed to be a temporary measure although I've seen some which have been made on a permanent basis. You can either apply off your own back or await for legal action to be brought by a lender and apply in response to their claim.

 

Have a look at the factsheet, should you have any further queries feel free to get in touch.

 

Seq.

[Willy Wonker]

Hi,

 

thanks for that - would this apply in my case.

 

The car is under a Conditional sale Agreement and not a Hire Purchase Agreement - I haven't paid 1/3 of the amount owing (even if it was on HP) - I should have paid to date £3708.70 - I have actually paid them so far £3809.62 (which includes the late charges and the prev repo fee). They currently are stating I am almost £800 in arrears (2 months plus charges)

 

So if I can prove that the charges - late payments and repo fee are not lawful and can't be levied then I would be £100.92 in credit - I am sure they will not accept this to be the case.

 

If I can get this wiped then I can and will afford the payments moving forward its just that every time they add another £25 on I go further and further down the slippery slope!

 

Thanks again everyone

 

WW

[sequenci]

The car is under a Conditional sale Agreement and not a Hire Purchase Agreement

 

It's near enough the same thing.

[dx100uk]

time to hit back?

put in a reclaim for the PENALTY fees and the unlawful repo fees.

 

CISheet v101.xls

 

put every charge in on its date

inc the 2 repo fees too

 

put their int rate [39.7] in cell d15.

 

dx

[theoldrouge]

WW

as I understand it your difficulty is only very tempory and you say that you will be able to bring the ac upto date this weekend?

If you are able to do that you would then have regained the "high ground" and be able to turn the tables.

 

When you have paid I would send an email followed by a letter headed Formal Complaint addressed to their Compliance Manager along the lines of

 

- You are most concerned that they have terminated your account whilst reliant on a Default Notice that does not comply with s87/88 of the Consumer Credit Act 1974,

in particular it is not in the prescribed form as set out in s88(1) CCA 1974. and that the sum demanded contains unlawful penalty charges, which it specifically should not (thx dx)

 

Furthermore you consider their charges and fees to be unlawful penalties which do not reflect the minimal costs incurred by themselves.

 

However without any admission of liability and as a gesture of goodwill in order to settle this dispute amicably,

you are prepared to allow them to reinstate your agreement on the original terms,

providing that they refund all of the aforementioned charges and fees together with interest for the monies that they have unlawfully deprived you of

at the rate that you were charged (39.7%).

 

I trust that this clarifies my position,

Yours WW-

 

anyway that would be my suggestion for all you have had to endure

Edited October 31, 2013 by theoldrouge

[theoldrouge]

sorry foirgot- enclose CISheet of calcs as advised by dx

[dx100uk]

does not comply with section...

and that the sum demanded contains unlawful penalty charges, which it specifically should not.

[Ell-enn]

I bet Moneybarn send you some guff about their charges having been assessed by the FOS and found to be fair - and they even say they have a case number to prove it lol I'll see if I can get a copy of the letter they sent a guy I was helping with a similar case against them.

[dx100uk]

hey that'll be sweet, these muppets like to try this

 

we've been assessed by the FCA/FOS lark...they haven't!

 

dx

 

dx

[Ell-enn]

They're quoting a case number so I guess it will be easy enough to ask the FOS if that's true

[Willy Wonker]

Hi Again everyone,

 

I've been preparing for the application for a time order

- going to do that today and will also send the letter to the Compliance officer at Moneybarn as above.

 

I am trying to cover all angles here so that I can give myself some breathing space over the weekend

to get the payment sorted (although I am reluctant to pay over almost £1000 if they just take the car anyway)

 

So onto the Time Order

- I have pulled up the form

- N1 Claim form

- I have completed my name and MB details

- its asks for amount

- does this amount have to be the total borrowed/total owed/ or outstanding ''payments'' at the time of claim?

 

I have written a summary of events and stated the amounts that have been charged

as late payments and the previous 'repo' fee

which haven't helped to get me into the position I am in

- and that claim for fees etc will be the next part of the fight I am sure.

 

Sorry to be such a pain again - just following instruction here to make sure I don't mess anything up and hoping for the best

 

WW