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sandra05

moneybarn problems

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Bought a car using Moneybarn in May 2013

eveything going okay until I missed a couple of payments in October 2014

but agreed a repayment plan and then

 

on 7th January 2015 received a court order demanding the car back.

Got a form in and filled it in for a Time Order to Pay

 

I got a letter from their lawyers on 05/05/15 for the following

but I had been making payments from 01.01.15 as agreed.

 

EXTRACT DECREE FOR PAYMENT

SHERIfF COURT Court Ref. no: A???/??

 

Date of decree: 07 January 2015 In Absence

 

Moneybarn No.1 Limited, a company incorporated under the Companies Acts

having a place of business The New Barn, Road, Petersfield, Hampshire, GU32 2u

 

I have been making all my payments as agreed by bank transfer on time,

in November 2015 I got several calls and emails to advise my payment was not received.

 

I send them a copy of the statement showing it had been paid

and then they requested a full months statement showing all transaction

to prove it was not paid back in as they had not received it.

Which I duly did several times.

 

On 16.01.16 I got a letter in saying they are taking the car back as I have breached my court order by not paying my account.

I have shown them a statement as proof it was paid on time but they deny receiving it.

 

I got several nasty emails yesterday saying if I did not return the car they will report it to the police as missing.

 

I have since November asked to put a dispute on the account as why should I pay another £xxx

when I have proof it was paid but they will not accept this they are demanding it back.

 

Is there anything I can do?

 

------------------------------------------------------

I was in communication with them & Ceatta their collection company .

Moneybarn did not return one email but Ceatta company did their best to try and resolve the matter but

eventually came back and said no they want the car when can we collect.

 

In between all this their solicitors letter I got in May advised that if I defaulted they would revoke the agreement

and would need to reapply to the court to collect goods.

 

Now at my wits end

 

I called the Sherriff Court who were very helpful

they checked the paperwork and advised that they could NOT seek to take the car back

without going back to them for a court order which they have not

and I would have to have missed TWO payments before they could do this.

 

I explained to the court I have statements showing I paid the account

and all 45 emails to moneybarn which they have advised me to keep for future reference

but they are not allowed to take control of the car unless the above was done.

 

I emailed all this to moneybarn who still have not returned confirmation that they have received this

I have sent it to three different departments.

 

Ceatta have confirmed that received the email and forwarded it to moneybarn as well.

 

Do I keep pestering them or take my complain straight to FOS and email their CEO.?

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They deny recieving it? Go to your bank, get a statement that clearly details the transaction to the correct account, then inform moneybarn and the court.

 

I would be contacting their CEO asap. However, you need to deal with the court order as they could take further enforcement action.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Hi ,

 

Thank you for your reply, I have sent them a copy of my statement and a full months transaction showing everything going in & out of my account . They have said it has not shown up in their account.

 

I have spoken to the court and they have not applied for a court order to take the car back and they cannot do this unless I have missed two full months payments which I have not. They advised me to remind MB of this. The sherriff court clerk was very helpful.

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Doesnt matter what they say. You have teh statement, your bank has confirmed it has been authorized and processed and reached the correct account. It's now their problem, not yours. You have done everything you morally and legally had to do. Send payment. Its up to them to find the payment now.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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If you have already made a formal complaint to the CEO and they are still messing you around, then you should perhaps consider escalating your complaint to the Ombudsman.

 

If you have proof of payment then they are not going to obtain a court order - and they shouldn't be allowed to harass you in this way.


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Moneybarn are a nasty outfit - they will deny everything, won't listen to anyone and pursue aggressively even when they are wrong. They charge extortionate interest on car finance to people who have a less than perfect credit score, because they know there's a good chance they will have trouble paying it back so they refuse to negotiate, repossess the car, and go for a CCJ for the remaining balance They used to be called Duncton and changed the name to get away from the bad reputation - unfortunately the reputation has followed them. I have helped a few people fight them and after almost having to use a hammer and chisel to get through, they eventually come to an agreement when the legalities are pointed out to them.

 

Complain, complain, and complain


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fos for definite

 

give 'em a ring now

 

if dunctons had a brain, they'd be dangerous

 

you have ofcourse checked the bill of sale properly

and checked you've not been levied any unlawful penalty fees

like letters,phone,debt advise? get reclaiming!!

look for silly insurance hidden on the agreement too.


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Don't bother emailing Moneybarn, they're incapable of responding and just ignore emails - write them a letter stating your position and enclose copies of all the emails you have sent them - including statements showing payments made. Send it by special delivery next day 1pm (I know it costs £5, but worth it as they have to sign for it), as it's Friday today and they won't be there tomorrow, best to send it Monday so they get it Tuesday - tell them you expect a positive response from them within 7 days or you will apply to the court for a hearing where they will be required to explain why they have been harassing you when you have complied with the court order. If you need help with the letter please let us know.

 

If you have the address of their solicitors send a copy of all of it to them too with a covering letter.


Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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