Moneybarn car repossesion

[tonymann]

Hi Guys,

 

this is a long one so please excuse me and take some time to offer advice if you can.

 

I bought a car worth £6000 which was financed by moneybarn in February so 8 months ago.

 

I fell sick 2 months ago and was unable to make payments and had missed a payment prior to this too, so I put my hands up my payments were not on time and it is my fault.

 

I went back into work last month and made a payment of £300 which is the most I could afford as I have a load of payments which have built up.

 

I had fallen back with my payments to an amount of £800, and

 

I got a call at work today from a guy who works for a company called Ceatta saying he was being assigned to repossess the car.

 

I explained I would pay the whole outstanding arrears in two weeks and he went back to moneybarn with this but they would not accept.

 

I called Moneybarn and they are adamant they will not accept a payment of all arrears to bring the account up to date in two weeks

and want the car back to go to auction and I will still have to pay the outstanding money.

 

Incidentally a few months ago I transferred the V5 into my fathers name as he is the main person now using the car, I kept the finance in my name.

 

Do I have a leg to stand on?

 

I am gutted because I know the car will fetch a fraction at auction and I will be liable to pay the whole loan amount.

 

Moneybarn have also charged me numerous late payment fees over the 8 months.

 

 

I have told them I need a day or two to get advise, what would you guys suggest is my best option?

 

Thanks in advance.

[dx100uk]

Is this a conditional agreement or secured under a bill of sale please?

 

dx

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?407231-Moneybarn-2-months-behind-Repo-man-showed-up

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?382678-Bill-of-sale-(help-please)

[tonymann]

it says 'Conditional Sale Agreement regulated by the Consumer Credit Act 1974' at the top of the contract

[dx100uk]

this thread should help you:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?407231-Moneybarn-2-months-behind-Repo-man-showed-up&p=4386342&highlight=%27Conditional+Sale+Agreement#post4386342

[tonymann]

thanks mate, I'll have a read tonight and see where I go from here. Appreciate your help

[dx100uk]

yea do comeback when you've had a read

 

look out for those penalty fees too.

 

dx

[tonymann]

at a glance the penalty fees are mentioned in the contract

[dx100uk]

they are still unlawful and can be reclaimed under a CCA agreement.

 

dx

[Ell-enn]

at a glance the penalty fees are mentioned in the contract

 

Just because they're in the contract doesn't make them fair

- Moneybarn are a nightmare to deal with

- I sometimes wonder if they get some sort of kick out of being totally unreasonable.

 

You should park the car away from your home on another private driveway or put it in a locked garage if at all possible.

 

Tell the repo guy you will not be giving him the keys under any circumstances

and that you are aware the only person who can take the car from private land is a county court bailiff with a copy of the warrant in his hand.

 

Are you able to pay all the arrears ?

 

If so write to Moneybarn, tell them you can pay all the arrears thus bringing your account up to date

- but you will not be paying the charges.

 

Moneybarn like to deduct their charges from any payments you make

- this keeps you in arrears with them and they are able to threaten to take the car.

 

You could tell MB that you intend to apply to the county court for a hearing

and will report to the judge that they are attempting to keep you in arrears.

[tonymann]

the total balance on the account at the beginning was 11,855.78, I have paid nearly 3000 to date and incurred 200 in charges made up of 8x£25, not good I know but I have tried to keep up with payments and have offered to bring the account up to date in 2.5 weeks :s

[Ell-enn]

Put your offer to them in writing (by recorded delivery) so you have proof you have tried to negotiate if you have to go to court. If you need help with a letter please let me know and I'll happily draft one for you.

[tonymann]

Hi what do you think of this letter???

 

Does it cover my points well?

 

Is there anything I have missed out?

 

I saw a BOS being mentioned in the other thread but dont fully understand it, can anyone explain what that is and if it would help me in this scenario.

 

 

Dear Sir /Madam,

 

I am writing with regards to a recent call from an investigator who advised me he had been assigned by Moneybarn to recover a vehicle (REG Goes Here) ,

covered by a conditional sale agreement between myself and Moneybarn.

 

I am writing to seek an agreement for the full amount in arrears to be spread over the next two months

and make a promise to stick to the payment schedule thereafter.

 

I understand the conduct of the account has not been perfect to date

however I believe the extenuating circumstances which led to this should be considered before imposing the levy of repossessing the vehicle.

 

Over the last ten months I have been out of employment for two months and was in between jobs for a month.

 

I also had to pay my previous employer back an amount equating to a month’s salary for a travel season ticket which they had originally funded.

 

These factors have led to me falling back with my payments.

 

Furthermore I have been charged £200 by Moneybarn over the course of the agreement to date, for late payment charges.

 

Having to pay these in addition to the mentioned extenuating circumstances has resulted in the situation we are at today.

 

I would like to take this opportunity to apologise for not being able to make all payments as per the arranged schedule.

Looking at my account statement it is however clear I have never tried to avoid payment and have paid larger payments

including excessive and unfair charges on numerous occasions to try and keep my account up to date.

 

I would request an element of understanding from Moneybarn who as a company that specialises in lending

to people who have experienced financial hardship and have bad credit scores should understand my situation better than the average lender.

I look forward to hearing from you soon,

 

Kind Regards,

My name goes here.

[Ell-enn]

Firstly a BOS (Bill of Sale) doesn't apply in your case - you have a conditional sale agreement (same as hire purchase).

 

You have worded your letter a little nicer than I would have lol Make sure you send by recorded or special delivery and keep a copy although I doubt very much they will take any notice and it might be better to apply to the court for a time order if they won't agree to your proposal.

 

Are you keeping the car in a safe place? don't park it in the street, only on private land - no need to give details of where it is on this thread - Moneybarn have been known to use extracts from threads on CAG in court - although why they think that helps them I've no idea, people are allowed to get help and advice from wherever they like and judges acknowledge that. Also, Moneybarn have no way of knowing the identity of anyone who posts on here which makes their copying posts from the site even more ridiculous. Have a look at this thread expecially post 19 http://www.consumeractiongroup.co.uk/forum/showthread.php?384346-attempted-Car-repossesion-by-moneybarn

We kept the statement for court off the thread so MB didn't know what it contained - the judge obviously understood it perfectly lol

[tonymann]

Hi Ell-enn,

 

The car is on private land and wont be accessible to anyone.

 

I will read the other thread after work today and look into applying for a time order.

 

Thanks for your help and I will get back to you guys with Moneybarns response.

[tonymann]

I emailed the letter to Moneybarn too and have a reply already.

 

Good Afternoon,

 

 

We can confirm safe receipt of your email with the letter enclosed.

 

 

We will be in contact with you in due course with a definite answer to your proposal.

 

 

It will be within the next week as there is a hearing regarding the matter on the 7th January 2014

 

I have also just been advised by my parents that Moneybarn have indeed sent county court paper to my house to attend a local court in January.

[Ell-enn]

Hi there, sounds like they have issued a claim for return of the vehicle - at least you will get your chance to defend. Before responding to the court papers wait to see what their answer is to your proposal, we can then decide what to do.

[tonymann]

hey guys, I just got the below email, what do you guys think?

 

Good Afternoon,

After reviewing your account and letter dated the 11th November 2013 a route that maybe available to you whereby you remain in the vehicle and Moneybarn receive payment is a Consent Order.

A consent Order involves:

• A voluntary agreement between ourselves.

• Payment of arrears plus court costs being spread over 3 months (on top of your monthly instalment). The payments will subsequently revert back to your normal monthly instalments.

• We will inform the court of our arrangement and they will confirm our agreement and cancel the upcoming hearing.

• We can send out the relevant paperwork to you immediately.

• However, if you miss a payment under a consent order you will lose your right to keep possession of the vehicle.

• Therefore we strongly advise that you read the consent order thoroughly before signing.

What we require from you:

• A phone call or reply to discuss the matter further.

• Proof of employment- (to ensure that you are in a position to maintain payments)

I hope this gives a clear picture of what we can offer you.

 

Kind Regards,

 

 

seems pretty reasonable to me, what do you guys think?

 

Sorry to chase on this guys but do you think the above is acceptable? Is there any aspect of signing a consent order that affects my rights?

[tonymann]

Hi Guys,

 

I got in a bad situation with my car finance with Moneybarn at the start of the year (due to health reasons) ,

they ordered for the car to be handed back.

 

At the time I managed to argue my case and we settled by me signing a consent order to pay approx £600 p/m for 6 months

to clear the current arrears and then resume my normal monthly repayments which is closer to £250.

 

I did ask them to lower the amount of £600 at the time as I felt i was being forced into a corner but they didn't agree

and I signed the last page of the document they sent me and just hoped I would be ok paying the large amount for 6 months.

 

I then fell ill again,

Moneybarn asked for evidence at which point I supplied them sick notes and copies of my MRI results

and a letter from my doctor confirming I am sick and that I was in hospital.

 

I am currently on statutory sick pay.

 

Moneybarn asked me to carry out a financial assessment and the conclusion was I could afford £50 p/m until I am back at work.

They have now ordered for the car to be handed back again.

 

Am I well and truly stuck or do I have any way to fight these guys?

 

Over the dispute they have also added charges for collections agents on the bill

and it is growing larger and larger.

 

Should I give up and hand the car back or can I fight this?

[dx100uk]

they cant add collection charges or PENALTY fees or money [debt] management fees.

 

if they have agreed to £50PCM why are they hassling you?

 

have you all the statements.

 

dx

[tonymann]

Hi dx100uk I think I might not have explained as well as I could

 

-I was sick earlier in the year they asked for the car back

-We agreed upon a consent order of £600 p/m which I knew and told them would be very high but they pretty much told me it was the only way to keep the car

- They included collection charges in the consent order amount at the time

- I failed to meet the agreed terms in the consent order so they asked for the car back

- I explained I was in hospital and sent all relevant docs to prove this

- They asked me about how much SSP I was getting paid and my monthly outgoings and how much I could afford to pay

- I told them £50p/m until I am back at work and on my normal pay (keep in mind I am signed off indefinatley until I can get treatment on the NHS)

- They said £50 p/m was unacceptable to them and they wanted the car back

 

I am not sure if I have a case but could the consent order be invalid if it included charges?

 

Is there any point I can argue to keep the car?

 

any suggestions guys?

[sequenci]

HI there, I've only very quickly glossed over the facts. Can you confirm that you've paid over 1/3 of the instalments due under the finance agreement?

[tonymann]

Hey Sequenci, I'm afraid total repayments are below 1/3

[sequenci]

Hey Sequenci, I'm afraid total repayments are below 1/3

 

Not to worry, you could still apply to the court for an order to pay by instalments. Sometimes the court may allow you to pay an amount which is lower the original instalments, this is known as a time order. More info here (be warned the application cost is expensive): https://www.nationaldebtline.org/EW/factsheets/Pages/06C%20EW%20Time%20order%20-%20hire-purchase%20or%20conditional-sale%20agreement/Default.aspx

[steampowered]

Hi, consent orders will often specify what will happen if you fail to make payments. Does the consent order specify this at all?

[tonymann]

the consent order says I return the car and pay the remaining balance if I breach it

 

I'm not arguing the consent order per se, as I see it I have two options

 

- argue the consent order is invalid as I did not send the whole signed document back and just the final page (a long shot I think)

- apply for a time order given that I am sick and have medical documents and proof of this.

 

What do you guys think? Is a time order the only option here? Can anyone spot any other options?

 

also I've just requested a statement and they have added £690 in costs, this is formed of failed payments, court fees for the consent order and recovery agent fees. Today they emailed me again to hand the car back to the collection agent, I'm not sure what to do as this all seems to be coming in on me