Jump to content
  • Tweets

  • Posts

  • Our picks

    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
      • 49 replies
    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
        • Thanks
      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
        • Thanks
        • Like

Moneybarn claimform - excess after car repossession


Please note that this topic has not had any new posts for the last 1241 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

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

Link to post
Share on other sites

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 :)

 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

Link to post
Share on other sites

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 creditlink3.gif 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

Link to post
Share on other sites

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?

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... 

 

 

Link to post
Share on other sites

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

Link to post
Share on other sites

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

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... 

 

 

Link to post
Share on other sites

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

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.

Link to post
Share on other sites

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

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... 

 

 

Link to post
Share on other sites

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?

Link to post
Share on other sites

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

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... 

 

 

Link to post
Share on other sites
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

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

rest of post 8? and sar to mb?

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... 

 

 

Link to post
Share on other sites
  • 2 weeks later...

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 by dx100uk
documents redacted and merged to one small pdf file - dx
Link to post
Share on other sites

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.

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... 

 

 

Link to post
Share on other sites

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

 

 

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... 

 

 

Link to post
Share on other sites

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?

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... 

 

 

Link to post
Share on other sites

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.

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.

Link to post
Share on other sites

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

Link to post
Share on other sites

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.

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... 

 

 

Link to post
Share on other sites

no file a defence

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... 

 

 

Link to post
Share on other sites

forget the link -

I'm just advising what you need to do

site software put an autolink in for some reason

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... 

 

 

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...