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    • Lolerz - I don't understand you.  Rebuked you?   No. I simply replied to your orange comments with legal facts as I know them.  I've already worked through the s42 and s146 issues - over the last 3-4y - and these issues are (mostly) resolved legally.  In terms of posting evidence.  Sure I can post some.  But my most recent questions have been a) how can I enforce a sale before trial?  And b) how can I make a complaint and/or a claim v receiver? (E.g. to which body do I complain?).  At the mo I'm asking for some helpful pointers on those specific questions??  I'm not asking for help with how to prove or present evidence. Fwiw - all evidence for trial has been disclosed (although additions are poss). The lender sent me like 10,000 emails and docs.  There's also 000s of emails, docs, photos, videos, recordings and texts that relate to freeholders/ me.   I read, filed and categorised everything for ease of future reference.  Witness statements and evidence were prepared for trial in the 42 and 146 matters. (now joined with current claim to save duplication).  I've lived the process before.  My current statement and linked evidence has taken like 6 months to draft/ write - to ensure I can succinctly prove my defence and counterclaim points.   Whether I can convince a judge at trial w/o lawyer / barrister is debatable 🙄   But I've prepared.  And continue to try better prepare - which is why I visit this site (and clinics).  This is NOT my business or expertise at all.  I'm just trying.  Not that anyone should ever have to justify why they need help if they ask politely! 
    • Thanks for the other info will also take a look at that.
    • It doesn't use the word reconstructed in the cover letter.  Although, I have just noticed on the cover letter they have asked me to complete a financial statement and offer a repayment within the next 10 days, or they will continue to follow court directions.  They sent a separate letter on the same day advising me they will be continuing with their claim ?  They have done the same for both claims.  Is it worth just doing that - doing the financial breakdown and offering a x amount.    
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moneyway finance HP car finance debt


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Hi, please can someone help with advice?

 

I will have paid my car off in April 16.

 

I split up with my partner in october,

he paid for half of the car expenses.

 

I have missed 1 payment and can't pay this month, due to a big garage bill.

 

The loan was for 3 years. I have never missed a payment.

 

The car might be worth about a grand, as it has had a hit and run knock,

which i can't afford to fix, so has a dented door, not massive but would cost a bit to fix.

 

I have spoken to the hp company and they won't let me extend the loan.

And have said they may take the car back

 

I have to ring them as they have sent a letter asking to het up to date, so they want about £300

I don't have it

 

Is it possible to ask them to extend the loan, with lower payment?

 

There is 850 left to pay

 

Thank you for any help.

Got to out but will reply when i grt back

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I have moved this to Vehicle Finance forum for you.

 

I will also ask others to look in on you.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Can you please provide further details of the HP and the Creditor ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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and how far you are into the finance too

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Probably best to post up the original agreement minus personal details if you have a copy

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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Hello and thank you all

 

I have paid on time for 2 and a half years

 

It is all paid up in april. So owe 850.00

 

It's with moneyway finance

 

I will scan the document tomorrow at a friends house.

 

I need it as i work far away from home

 

A shame that due to the change in circumstance, i can't afford it at the moment,

but shoild be better off in january as my son will have his first wage from his first job and can help

 

When i rang there was no help to extend it for me

 

I know they have a business to run, but i was paying 170 a month on time

 

I had bad credit and it was the only place i could get a loan for the car

 

Thank you again

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aw god not those fleecers.

I bet they spoofed you for gap/warranty/ppi and loads of other compulsory stuff

 

 

all can be reclaimed

inc and penalty fees they've charged you.

 

 

got all the statements?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Dont worry, we can help. Is this an actual loan or a hire purchase?

The rules which apply vary. If paid over a 1/3 then a court order is needed to take away the car, But... I believe this only HP.

 

DX is right, Moneyway are a very unpleasant company and wont help.

Would it help you to complain? I believe so, Would you like a complaint email? It would be the exec of moneyway.

 

Edited by citizenB
removed pejorative

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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Thank you everyone. Still working on getting the documents scanned and uploaded.

 

I have been to th CAB but as nice as the lady was, she had no idea about this problem.

 

She spoke on the phone to them while i was there and just said pay or hand the car back.

 

She has got me letters to send about my other debts but didn't know how to help me

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what other debts?

and what letters?

 

 

start a sep thread please in the general debt forum about them

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I have a few more debts,

barclay card at 250,

overpayment of child tax credits

and a water debt.

 

 

CAB is helping with those and has sorted out a letter offerig a token payment per month.

 

She also advised if could apply for a DRO ! But my car has to be worth less that £1000

 

She is now ill and i can't see anyone else from the CAB till the new year

 

I do have someone from my housing association who is going to come to my home to help with my rent arrears and debts

Here is the agreement also

Thank you again for all the help.

 

 

I use my car to get to work and hospital trips with my mum and would hate to lose it after all this time

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ah sorry didn't tell you how to upload

stuff

 

 

put all those scans into ONE word doc

then file save as .pdf

then upload that to here please.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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What ever you do, DO NOT let them take the car. they NEED a court order.

 

Should they take you to court, any sensible Judge will give you time to pay. You need to write to these parasites (NOT RING) and tell them what you can realisiticly pay. You must try to stick to this arrangement.

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Thank you for helping. I feel better now

 

In the new year my 2 sons will be paying me, so enough for me to pay the car and get back on track.

 

My ex just walked away from everything so this last couple of months have been really difficult on my own, but i will get there with help.

 

I will send a letter from work tomorrow asking them to please extend the loan so the 2 months i missed go on the end and I will be ok and it's paid off

 

And not being awful but the advisor at the CAB just told me to give it back and use the bus.

 

That adds means 4 hours traveling each day.

 

 

I know people do that, but i'm getting on and not in the best of health.

 

 

Thank you again x

 

Contract hopefully attached

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They will have to default the loan first and by the time any court proceeding can get going your sons will be working and you can then make them an offer or catch up on the missed payments.

 

As said before, don't talk to them or anyone connected that might contact you. Any correspondence must be in writing only.

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Thank you :-)

I will find a letter template and send it tomorrow recorded, asking to please let me start paying again in January.

They outright refused to extend the loan by a few months over the phone

Could I offer them £100 a month and pay extra when I can afford to?

 

Thank you again

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As stated above, they would not be able to take the car without a court order

At which point you would be able to request a suspended return of goods order or a time order

they must also follow the FCA guidance and treat you fairly (principle6)

Submit your proposals in writing

should they refuse we can then deal with their response

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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Thank you :-)

I received an email today from the CAB.

They don't seem to know much to help with this at all

I'm very grateful or the help

Hope to be back on track in the new year

 

I'm struggling being left on my own, add in my bi polar and it's a real struggle to do things on my own

I work full time and that's the only place i feel normal and away from my problems

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  • 1 month later...

Back with an update

I posted 2 letters to moneyway, asking could i please pay £100 a month until i get straight.

I received a default notice and informed i owe 1038.00

But no acknowledgement of my offer letter

I have had a meeting with a debt advisor from my landlord and she is looking into this for me too

She advised selling the car asap and getting a debt relief order for my other debts

Please can someone advise what the default notice means?

Thank you for any help

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I question the logic of a dro.

 

 

we need to know about all your debts

p'haps start a new thread

 

 

ok moneybarn

 

 

std practice to default you.

 

 

as you've paid more than 1/3rd

they'll need to goto court and get a return of goods order

 

 

hows your son doing back in work yet

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks for thr reply. He's signed on and at a job club fo help but hasn't found anything yet.

I valued my car at we buy any car, that came up at 1700, but, it has a dinted door and i was quoted 500 to fix it, and the bodywork has a few dints and scratches, so might be worth 1000

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Your DN should have included information about"time orders".

 

These are instigated under section 129 of the CCA, you have to notify the creditor in the first instance with a new schedule of repayment, also note the amount already paid and conduct under the agreement, tell them that if this is not given due consideration you will present it to the court at any hearing regarding repossession of the vehicle.

 

Please ask if you need more info.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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