Money Barn trying to repossess my car

[samstone41]

Hi all,

 

Need some advice please...

 

Details are as follows...

 

I took out a finance agreement for a car with MoneyBarn in Nov 2014.

 

Made all payments up until June 2015 which was missed (an error on my part which I never noticed).

 

Every subsequent payment made successfully.

 

Monday Feb 1

I have a knock on the door with 2 bailiffs requesting to take my car there and then.

They showed me on an iPhone a copy of the termination notice which was the first time I had laid eyes on anything like that.

 

I telephoned MoneyBarn immediately to ask what was going on,

they told me the car was being repossessed for that one missing payment from June 2015.

 

 

I had the funds to pay in then and there, and requested to do so, but the rep said it was all too late.

I asked why they hadn't contacted me at all about this,

and their response was that they had written to me

and called me on my mobile and home phone numbers and had left messages.

 

I have CATEGORICALLY not received any correspondence from MoneyBarn regarding a missed payment,

and I have categorically not received any emails, phone calls, phone messages or calls or voice mails on my mobile.

This was a bolt from the blue.

 

I refused to let the bailiffs take the car.

 

On Wed 3 Feb (2 days later) I receive a letter from MoneyBarn stating that agreement has been terminated.

 

This is the first correspondence I have ever received from them.

 

I do some research on the internet and apply to the County Court at Maidstone for a Time order.

This is turned down on the grounds that the agreement was already terminated

 

So where do I go now? This is so unfair.

I am easily able to pay the monthly premiums, and offered to on my first phone call to MoneyBarn.

I don't want to lose the car as it is in negative equity by I estimate £5-8k.

 

Thanks in advance for any advice.

 

Regards,

Sam

[theoldrouge]

so this is an hp agreement?

 

how much have you paid inc deposit, and what was the agreement total?

 

explain more about your time order application please

[samstone41]

Thank you for your reply - It is a conditional sale agreement, and I paid one month up front to start the agreement,. that was paid in November 2014.

 

 

There is 2 years to go on it, and we have paid under one third of the total due.

 

 

Thank you

[theoldrouge]

and your time order application?

 

tell us the full details please

[dx100uk]

one small point...repo agents ARE NOT BAILIFFS!!

they have no such legal powers

[samstone41]

yes of course! So sorry I forgot to reply to that earlier.

 

Ok,

I read on the forums previously that if you apply to the courts for a Time Order,

the courts usually grant you the time to pay back the outstanding amount over a certain period of time.

 

 

I actually wanted them to grant this even though I can pay the outstanding payment straight away.

It would just mean that I would have them on side and they could also instruct Moneybarn to reinstate the agreement

as long as no other payments were missed.

 

 

The court returned my form stating that they couldn't help me due to me receiving a termination notice from Moneybarn.

 

 

I have a feeling that they didn't read the information throughly enough

as if they had they would have seen that I didn't get any prior notification that this was the case,

and that they were chasing for one outstanding payment.

[samstone41]

one small point...repo agents ARE NOT BAILIFFS!!

they have no such legal powers

 

They informed me that as long as the car is on my driveway that they cannot take it, but as soon as I try to drive it they can.

[citizenB]

It might be in your interests to send Money-barn a Subject Access Request (SAR) - it will cost you £10.00 and they have 40 calendar days in which to respond. This should identify if / when any letters/calls were sent/made and when.

[dx100uk]

They informed me that as long as the car is on my driveway that they cannot take it, but as soon as I try to drive it they can.

 

 

'them' being repo guys

they have no legal powers..

they are not bailiffs.

 

 

no matter where the car is.

just to be clear

 

 

don't think they can take it from works private carpark either.

[dx100uk]

Thank you for your reply - It is a conditional sale agreement, and I paid one month up front to start the agreement,. that was paid in November 2014.

 

 

There is 2 years to go on it, and we have paid under one third of the total due.

 

 

Thank you

 

 

if its a three year contract ..you've made more than 12 payments?

[samstone41]

It might be in your interests to send Money-barn a Subject Access Request (SAR) - it will cost you £10.00 and they have 40 calendar days in which to respond. This should identify if / when any letters/calls were sent/made and when.

 

 

 

Thank you so much, I will do this today.

[samstone41]

'them' being repo guys

they have no legal powers..

they are not bailiffs.

 

 

no matter where the car is.

just to be clear

 

 

don't think they can take it from works private carpark either.

 

 

Im literally not driving it anywhere at the moment, I have heard horror stories about Moneybarn informing the police that the car is stolen and it can be taken off you that way...

[dx100uk]

no they cant

can I just clarify something..

 

 

you say its a three year contract ..you've made more than 12 payments?

how many times have you paid please?

[citizenB]

Here you go, some more information for you.

 

If you fall behind on payments for a conditional sale or a hire purchase agreement then the creditor may be able to repossess the goods.

 

If he has already paid more than a third of the total owed under the agreement then the creditor must go to court to be able to claim the goods back. They cannot simply call at the home of the individual and take the goods back.

 

If he has paid less than a third of the total owed under the agreement the creditor will still need an order from the court to remove the goods from “any premises” they are on.

 

What is meant by any premises?

 

Any premises is taken to mean a garage or a drive but does not include a car park or roadside.

 

If a creditor ‘snatches back’ goods without a court order and without your consent where a third or more has been paid, you are entitled to a refund of all the money you have paid under the agreement.

 

TIME ORDERS

 

The procedure and forms you need to use depends upon whether you have a secured loan, a hire purchase/conditional sale agreement or unsecured loan. See the sections below for details of how to apply.

 

There will usually be a fee to pay with your application. If you are on a low income or certain benefits you may not have to pay the fee.

 

2. When a ‘default notice’ or ‘calling in notice’ or ‘termination notice’ has been

issued by your lender.

 

The lender can issue a default or termination notice and call in the loan if you have fallen behind with payments.

 

Once you have received this, you can make an application to the county court for a time order.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?382658-Time-Orders

[theoldrouge]

keep the car securely locked in a garage, as they may try to take from an open drive

and if no damage was caused would only be tresspass with little redress

 

How far from 1/3 are you

 

Time orders are designed for your situation