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Moneybarn got default, say they will Termination & want car - help


barrymat
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I have read a few of the threads regarding Moneybarn and am looking for help regarding them.

 

I have had a car on finance through them for about a year and a half,

I have missed several payments but have always made a attempt at paying something

and am now in a position to continue to pay my monthly payments plus a bit more to clear off the arrears.

 

However Moneybarn have issued me with a default and are stating my contract will be terminated on the 19th.

Having spoken to them and sent them a letter (recorded delivery) stating my new proposal

they called me yesterday and flat out refused my offer.

 

They gave me 3 options which are not suitable as I want to keep the car for work purposes and make the increased payments.

 

I have paid over 1/3rd of the total price so understand that they have to get a court order to reposses the car.

However I am unsure what to do next...

..do I just wait for the court order to arrive

and make my offer of payment through them?

 

I have also been charged £18 several times through late payment fees...

.again I have read that these can be claimed back?

How would I go about doing this?

 

I am now not going to contact them by phone but by recorded delivery

as I am sure I will need to build up a paper trail should I have to go to court.

In the meantime I will continue to make my payments that I proposed to Moneybarn that have been rejected.

 

Apologies for the length of the thread and any help going forward would be greatly appreciated.

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Yes, keep on making the payments. This is extremely important. The best thing will be if you can make them directly into their bank account so that in order to refuse them they would have to return the payments to you.

 

Write them a letter and tell them that you feel that they are not entitled to refuse payments that you are continuing to make them. Tell them that you look forward to seeing them in court where you will resist the application and that you will show the court that you have been making payments and that they have been trying to refuse them.

 

Also, tell them that the charges that they are living for late payments are excessive and are unlawful. Tell them that if this matter goes to court, that you will bring this to the attention of the judge and that you will explain to the judge that these unlawful payments which could have been applied to the debt are being taken by MoneyBarn under the guise of administrative losses – which clearly they are not.

 

Tell them that you intend to keep on making payments until the entire finance agreement is satisfied. Remind them that under FCA rules, they have a duty to treat you fairly and that if they fail to do this then you will bring this to the attention of the court as well as part of the counterclaim.

 

Send this by recorded delivery.

 

In terms of the excessive charges, I would just all this up for the moment and wait until the agreement is properly back on track and that you are making a proper history of payments. Then at some point you can start to take action to recover the money which they are taking from you for charges.

 

As a final word, I appreciate that you find yourself in financial difficulty – but I think that you had better stick to the agreement from now on. If there is an application to the court then you will probably win the court sympathy on this occasion but if they can show that you have got a history of doing this every time the heat is off then I don't think that you will get much help from a judge. If you really do need this vehicle for work, then you better start factoring this is a essential expense – for your own sake

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Hi BArry and sorry to hear of your issues with Moneybarn.

Have you complained to them by any chance? Sometimes complaining helps change things up in your favour.

 

Good news is that these vultures - (Sorry but thats subprime for you) are owned by Provident Financial :)

And that means that you can email up the chain.

 

 

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 for the help so far, I will get to draughting that letter today, along with my rent I will be ensuring that the payments go out on time and in full.

 

I will update once I have received the court papers

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I've slightly renamed your thread and put it in the moneybarn forum

lots to read here as you've found already

never trust them an inch!!

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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Just a quick update,

I have sent 2 letters to Moneybarn,

1 being a letter of complaint regarding the attitude of the company and the way the termination is non negotiable

and also the charges put onto myself.

 

Second letter is regarding my termination

and that I will continue to make my proposed payments regardless of the termination,

and that I look forward to putting my case across to the court when I get my chance.

 

My default ends tomorrow so now just waiting for court papers..

...does anyone know how long this will take.

....I am guessing not too long judging by the way Moneybarn operate.

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So I came home tonight to my termination notice.....came on a nice glossy pamphlet....something tells me they do this regularly.

 

I am still waiting to hear from my 2 letters regarding my complaint and my letter regarding my intention to go to court

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Just wondered if anyone could give me any additional help.

 

Like I put earlier I have sent of a letter to state that I will continue to make payments..

..I have just yesterday made another payment of £300.....

 

Now I have had my letter of termination

do I just wait for the court order and go from there

or is there something else I could be doing..

 

 

...I read of people complaining directly to the head of the company..

..is this something that I should do?

If so can someone provide me with details on how to do this.

 

Thanks in advance

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