Moneybarn claimform - excess after car repossession

[Octoberone]

Hi and thank you for reading this

 

Following a relationship breakdown last year I had the indignity of having my car repossesed by Moneybarn.

 

My boss tried to intervene and talk to them saying that if they did not go ahead with the repo she would ensure that money was deducted at source and sent straight to them.

 

They were quite rude and aggressive (the reason why I gave up trying to talk to them) and rejected this and I allowed them to collect the car from an agreed location.

 

As I had not paid one third of the finance off I acknowledged I couldnt fight them.

The car was a 1ltr Toyota Aygo which I purchased for around £6,000.

 

They sold it at auction for £3,000 and told me I owed them £8,000 in interest for the balance of the four year loan. I told them to get on with it!

 

Last Saturday I received a county court claim from Moneybarn claiming around £8,500 from me.

 

As they knowingly sold the car at an undervalue can I defend this in any way?

As it is I have nothing to pay them with,

I work and after paying my way

there is little left especially to pay for non-existent interest.

 

I have until next Friday to respond

- yes I know I should have done something sooner but I have been running the office as my boss had to spend the week attending to a dying relative.

 

Moneybarn has to be the most ignorant organisation I have ever dealt with.

I have been patronised by someone possibly younger than my own son, spoken at and talked over.

This is why I ignored them.

 

I have an anxiety disorder and cannot do confrontation without going to the extreme of caving in or losing it completely.

 

Can I defend this?

What can I do?

Any suggestions please folks

[fkofilee]

Welcome to CAG

 

Go to first post here

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**(1-Viewing)-nbsp

 

Copy and paste with Answers in your thread here. We can then help

[Octoberone]

Name of Claimant: MoneyBarn.

 

Date of Claim 2nd may

 

acknowledge by - 20th may

 

defence due by 4pm 2nd june

 

Particulars of claim:

 

1. The Claimant entered into a Conditional Sale Agreement Regulated by the consumer credit Act 1974 with the Defendant Numbered XXXXX on 23 June 2015 for the Conditional Sale of a Toyota Aygo Fire (a/c) hatchback 5d Reg *****full details of which have been supplied to the Defendant

 

2 The date of maturity of the Agreement is 22 June 2020

 

3 The Defendant failed to make the repayments required. The CLaimant served Default Notice which was not remedied therefore the Defendant terminated the Agreement and reposessed the vehicle

 

4 Total rentals payable £12580.26 plus any extra charges

Total sum paid £1756.98

Sale proceeds £3000

Total sum outstanding is £8176.78 including extra charges full details of which have been supplied to the Defendant

 

5 The CLaimant claims

(i) the sum of £8,176.78

(ii) interest pursuant to the Agreement at the rate of 36.4% from 22 June 2020 the date of Maturity of the Agreement until full repayment. Interest to date hereof is £0.00

(iii) costs

 

What is the value of the claim?

Answer: £8631.76 (includes costs of £455)

 

Is the claim for a current (Overdraft) or credit card /loan or catalogue or mobile phone account? Car Finance

 

When did you enter into the original agreement before or after 2007? 1 July 2015

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.

It is the original lender

Were you aware the account had been assigned – did you receive a Notice of Assignment? it has not been assigned

 

Did you receive a Default Notice from the original creditor? Yes

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Yes

 

Why did you cease payments?

My relationship broke down and I was left with debts my former had incurred.

As I was working Moneybarn refused to roll the original arrears into my payments and wanted double payments which I couldnt afford. When my boss offered to deduct the repayments at source to ensure continuity they refused and wanted to repossess instead.

What was the date of your last payment?: Around June 2016

 

Was there a dispute with the original creditor that remains unresolved? we tried to reach a resolution (when my boss intervened) but they were rude and aggressive. Not easy to negotiate with

[dx100uk]

ok cant really at this stage see what you can do...

might have to end up as a tomlin to stop a CCJ being registered against you..

 

lets see what we can do to reduce the sum claimed please..

 

how far were you in to the agreement? months of months?

had you paid more than a third?

 

can you tell us about the repo please

who arranged it etc

 

you should have used VT rather than let them VS?

or didn't they tell you that?

 

as VT you only owe upto 50%

rather than VS the whole lot!

 

if they charged a repo fee you can get that back

and any arrears or late fees they charged you.

 

it might pay you to get an sar running to them

unless you already have every statement?

 

have you the original agreement still too please?

[Octoberone]

Answer - I was in the first year and hadn't paid more than a third

 

can you tell us about the repo please - Answer: Moneybarn arranged it during the conversation with my boss

 

or didn't they tell you that? Answer: I was given two options - I advised them where they could collect it or I said nothing and they would find it and charge me more for the collection

 

have you the original agreement still too please? Answer: I attach a statement from June 2016 together with the receipted invoice from when I collected the car. I shall have to have a look to see if the original agreement is around

MB statement.pdf

hippo delivery.pdf

[dx100uk]

opps you are supposed to redact things...I've done it for you!!

[theoldrouge]

Let's see the original agreement minus personal details

 

Although they seem to have all the facts and figures

I would still get a s79 request and cpr31.14 running anyway

 

Plus the SAR as DX advised

[dx100uk]

so

 

 

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

don't sign anything

.

dx

[Octoberone]

I dont appear to have a defence pack password. Is this because it was physically issued and not done online. In that case do I have to send back the AOS or can I still do it online somehow?

[dx100uk]

ah so issue by Salford..was that where the brown envelope came from with the claimform?

[AndyOrch]

I dont appear to have a defence pack password. Is this because it was physically issued and not done online. In that case do I have to send back the AOS or can I still do it online somehow?

 

You must use the forms provided and no you cant complete it online.

 

Andy

[Octoberone]

I have forwarded an AOS and got a receipt.

What do I do next?

 

 

Thanks for help so far I am so grateful

[dx100uk]

rest of post 8? and sar to mb?

[Octoberone]

Hi there

 

Having looked through my paperwork

I have found a copy of the original Agreement,

welcome letter dated 23 June 2015,

statement of 22 March 2016

(when it all really started to go pear shaped)

and a copy of a letter dated 29 June after they had repossessed.

 

Copies are attached

 

As their own litigation department are dealing with this do I need to do a S73?

 

Thanks again

 

Sorry I meant to say do I still need to do SAR, CPA and CPR 31.14?

docs1.pdf

Edited May 25, 2017 by dx100uk
documents redacted and merged to one small pdf file - dx

[dx100uk]

wha's a section 73?

 

what you need to do is detailed in post 8

and that's now 10days old...

 

you ONLY have 33 days to try and defend this ...

 

you now only have one week left..

and bearing in mind it will need to be posted Wednesday... even less

 

I think it might be best if you ring them and offer a tomlin/consent order

that might be your only way out of not getting a CCJ.

[dx100uk]

hidden your attachments as you've not bothered to redact any pers info at all.

 

 

dx

[dx100uk]

ok ive sorted and redacted your documents and put them back up for you

 

you don't need to SAR/CCA/CPR

 

its all there and they've sent it recently

so hoping they wont have it as a defence is out the windows now,.

 

shame you let them take the car willingly

you'd paid more than 1/3rd so it was protected goods

you'd have gotten all your payments back if you'd not agreed to it....

and they did take it..

 

so they couldn't repo at that stage without a return of goods order from the court

 

I cant see anything you can do now other than use the N9 etc and agree to a tomlin/consent order.

 

one slight victory might that you need to demand back the £225 repo fee

the £16.50 auction fee

£40 repairs fee

DD failures fees 18*4=£72

 

that's £353.50p they aren't really allowed to levy as they are unlawful penalties.

 

anything in the above that's wrong?

[theoldrouge]

I would be at least trying to get some leverage before agreeing a tomlin

at least get the claim to mediation

 

Possible counter claim under s140a 1(b) ( unfair relationships) given your bosses intervention

using CONC 7.3.4/7.3.8 plus the charges

 

An example of where a firm is likely to contravene Principle 6 and CONC 7.3.4 R is where the firm does not allow for alternative, affordable payment amounts to repay the debt due in full, where the customer is in default or arrears difficulties and the customer makes a reasonable proposal for repaying the debt or a debt counsellor or another person acting on the customer's behalf makes such a proposal.

[Octoberone]

I let them take the car willingly as they threatened me with huge inflated collection fees otherwise.

 

I really cannot bear to contact them

- they are without a doubt the rudest people who shout over you like you are something on your foot.

 

 

How would I apply for mediation or anything else?

 

 

Is this where the N9 comes in?

 

 

I am just so stressed out by this on top of other crap I don't know what I am doing

[dx100uk]

thanks to theoldrouge we now have a direction.

 

firstly you don't have to contact moneybarn so don't!!

 

id look at a defence that incorporates what TOR has said

and the bit about the fees etc in post 17

 

get a move on its gotta go in the post tomorrow or the latest Thursday

 

post up your defence and we'll help arrange it

 

that should get you to mediation and then we should be able to negotiate the outstanding down.

[Octoberone]

Many thanks - so if I do an N9 and let you have a look I should be able to email it over like I did the acknowledgement?

[dx100uk]

no file a defence

[Octoberone]

I have just tried the link but it takes me no where - is it currently being updated?

[dx100uk]

forget the link -

I'm just advising what you need to do

site software put an autolink in for some reason

[Octoberone]

Ok - the acknowledgement of service was sent a couple of weeks ago by email and a receipt obtained.

Just need to plan my defence