Moneybarn charges and default notice

[dottymcdotty]

I'm hoping you can give me some I don't know where to turn

 

I bought a car 3 years ago and it's a 4 year agreement.

paid over half the value.

 

In Jan 2017 I lost my job and home

moneybarn took me to court to claim the car.

 

The judge set aside the order on the proviso that I paid and extra on top to cover costs and fees.

I have been paying every month

 

in May a payment was missed and returned to my bank due to a systems error on their part it would seem.

 

I was not aware of this and carried on paying junes as normal

Today a guy appeared at my property to take the vehicle.

I had no notice or contact from moneybarn and no reason to question things as I had an online payment confirmation

 

I contacted them to ask what on earth was going on.

They said as Mays was missing plus julys was due and costs on top, they were now taking the car

 

I've always paid on the 27th of each month and this has been agreed and accepted for years Suddenly they're putting me two months in arrears saying payment is actually due on the 16th

The car is my work vehicle and I keep away from home.

 

They've said if I can pay the £1490 they will hold off action and carry on as normal!

I only have a year left and an luckily in a comfortable financial position.

 

Had I known Mays payment hadn't been received I would've paid again

But no communication whatsoever

 

I'm really panicking now as I can't access the £1490 until next Friday and they're saying they will come to get the car before then

What should I do

 

Can I take it back to court to have more time

 

Do I stand any where with regards to the total lack of communication

Really could do with some help

 

Thanks so much

Edited July 21, 2018 by dx100uk
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[dx100uk]

well they cant

There's no return of goods order - it was set aside?

 

The car is protected goods [under the CCA] as you've paid more than a third.

and the repo guy has zero legal powers anyway

 

typical moneybarn..they rarely have a clue what they are doing.

 

have you all the statements from day one.

if not sar them.

 

you'll have £100's added in unlawful fees esp things like £350 repo fees [which they cant charge]

they cant charge the court costs either..they lost.

 

moved to moneybarn forum and retitled

[AndyOrch]

Normally ROGOs are suspended not set a side.... (meaning it will be enforced if you miss another payment later on).

 

Have a look at a Time Order.

 

https://www.nationaldebtline.org/EW/factsheets/PDFs/06C%20EW%20Time%20order%20-%20hire%20purchase%20or%20conditional%20sale.pdf

 

 

Andy

[dottymcdotty]

Sorry it was suspended ...

 

there are lots of charges on the account including late payment fees and £300 recovery fees.

 

If I lodge the time order on Monday then will it hold any further action?

 

What am I asking the court to do?

Allow me until Friday to make the payment I'm demanding ?

Or asking to be able to make smaller payments?

 

Can moneybarn just send someone out to take the car without letting me know?

 

Should they have acted reasonably and notified me of the missing payment?

 

Do I raise this point of having an agreement to make the payment on the 27th of every month and then demanding July earlier than this?

 

I've not submitted a SAR

- how do I do this i have no idea if I have PPi on this either?

 

Sorry for all the questions ! I'm lost and confused lol !thanks again

Edited July 21, 2018 by dx100uk
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[AndyOrch]

I would ring them and explain that the missed payment was due to a banking error and ask they apply a little common sense...otherwise you will have no other option but make application for a Time Order.

 

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

[dx100uk]

Click sar

Scan up all your paperwork please

[dottymcdotty]

Thanks again.

 

I tried the common sense approach but it fell on deaf ears.

They were not interested and also shifted the goal posts on my payment date!

 

I have it in writing that I could move my payment date to the27th of each month and this is the date I have always paid this on, without any issue from moneybarn.

 

All of a sudden the guy was demanding I pay £1490..

. may payment,

then Julys

- this totals £860,

plus £300 recovery fee ( for a car that wasn't recovered)

I have no idea what the other £330 is for.

had nothing in writing,

no statement of account ..zilch!

 

Haven't had a statement for months so couldn't tell you how much was outstanding.

 

Just cannot understand why they won't accept the £430 now then the next £430 on Friday as usual.

I would clear the recovery fee too if it meant they would go away !

 

With the time order - what am I asking for?

More time to pay?

Them to reconsider whether this and the fees are lawful?

I'm very confused!

 

DX What documents do I need to scan?

What will the SAR do?

 

Thanks so much again for all your amazing help!

Edited July 22, 2018 by dx100uk
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[dx100uk]

read the time order link andy gave

click the sar link...you need all the paperwork.

 

please scan up the paperwork you currently have read upload

give us the info we need to help you...

[AndyOrch]

dottymcdotty use the online portal to make payment.

 

https://my.moneybarn.com/?_ga=2.249480199.1846310706.1532279702-1973123973.1532279702

 

forget the £300 recovery fee

[dottymcdotty]

They've haven't sent any paperwork. I didn't even see the guy as I wasn't home when he turned up.

If I make payment they've said they'll still continue with enforcement unless it's the full £1490. Still have no clue what this mystery £330 is for!

 

The last correspondence I had was the suspended order from the court. I can try and scan that.

Am I asking the court to give me more time to pay?

They've said if I don't surrender the vehicle they will report it as stolen. Feel like they want to car irrespective.

Do I upload everything on here or send it to you privately? Literally got until the morning to take action!

 

Thanks so much again guys

[dottymcdotty]

DX they could take weeks to send me all that info couldn't they?

Won't they just take the car in the meantime then charge me a load more money plus fees to get it back?

 

They said on the phone if I wanted until Friday to clear the £1490 they'd have to take the car now until payment was made.

 

I asked how much and how I'd get it back...

the guy in the phone said we'd have to discuss that once payment was made!

Surely they should be transparent and up front about costs?

 

The recovery guy was from Sheffield !!!

[dx100uk]

just pay them as andy suggests

have you read any other moneybarn threads here?

you'll see its a common threat

 

just pay what you can when you can

and now stay off that phone!

the repo guy has no legal powers they are not court bailiffs

and even WITH A COPY OF THE COURT ORDER

CANNOT TAKE THE VEHICLE

keep it on private land behind locked gates or in a garage

 

why monday morning?

[dx100uk]

https://cse.google.co.uk/cse?cx=partner-pub-8889411648654839:6449422593&ie=UTF-8&q=Moneybarn+-+suspended+return+of+goods+order+&sa=Search+CAG

[dottymcdotty]

ALSO just checked the recovery agents they use!

It says no success no fee!

 

as they didn't take the vehicle ,

I'm assuming moneybarn won't be charged!

 

why are moneybarn then insisting I pay this fee???

It all seems so odd and corrupt !

 

Yes I've read closely all the threads.

There was one where moneybarn did report the vehicle stolen and the police did take the car.

I'm very anxious !

 

I also need the car to do my job and can't keep it hidden for a year until the car is paid off.

 

They've given me until Monday morning to pay £1490 otherwise they will send the recovery guy again and report it as stolen.

 

Thanks so much - I know how busy you all are

 

Feeling very sick and stressed !

 

Totally out of the blue!

And I've been paying - this was a total banking error !

Edited July 22, 2018 by dx100uk
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[dx100uk]

you are learning this how moneybarn operate

they haven't a clue

and have been reprimanded several times by various regulators

 

now if you'd not spoken on the phone, which should never ever do, you'd not know and wouldn't be worried..scan that judgement up please read upload

 

pers I would worry they probably said 'may' anyhow not will

[dx100uk]

not par chance in Scotland are you just looking at your username.

and have you moved since taking this car on?

 

go read this thread carefully....

https://www.consumeractiongroup.co.uk/forum/showthread.php?425737-Police-seized-my-car-moneybarn-reported-it-stolen-Scotland

[dottymcdotty]

Thanks DX- no not in Scotland and yes I've moved but kept them informed of my address and the court order was issued after we moved.

 

That was part of the reason I missed the payments as I lost my job then the landlady served notice to have her house back ( we didn't miss any rent!) so had to move etc and money was incredibly tight.

 

Sorry I'm still unsure what to do tomorrow.

I'm going to bring the car back nearer home and keep it somewhere secure.

 

How long do I need to keep it secure for?

 

do I need to do the time application in the courts still?

Should I just make a payment and say nothing,

hoping they just don't come back or report it as stolen?

 

Thanks so much again!

Trying to find the court info!

 

Just read that thread!

Now I'm even more concerned.

Sounds like they will think nothing of contacting the police and then pushing for prosecution for theft!

 

Think i'll be up all night trying to figure out what to do!

 

Still don't know where their costs are coming from ..

I've not had any requests to surrender the vehicle either.

 

I'l try and avoid the phone,

but they have also passed my mobile number to the revocery agent and he was continuously phoning and texting me throughout the day too!

 

Worst part of this that payments have been made and it must've been a banking error on their part!

 

Why didn't they tell me they day/next day the payment didn't hit their account!???

Edited July 22, 2018 by dx100uk
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[dx100uk]

the poster in that thread won, they should not have used the police!!

 

just pay them

ignore unknown calls on your mobile

 

only a COURT APPOINTED BAILIFF

with a copy of the ROGO can take your car

 

a repo guy IS NOT A BAILIFF!!

 

get that sar off tomorrow

or now even

send it by email!!

[AndyOrch]

Thinking about the Time Order I would hold off on that...your only a month in arrears and thats their error.. not yours.....make the payment/s on line and get it up to date...then make July when its due.

 

Ring the Court that issued the ROGO and Suspended it and explain what these numpties are doing and falsifying extra recovery fees.....you may need to submit an N245 to suspend this order again but the court will confirm.

 

Its a grey area when a Suspended Return of Goods Order is defaulted...there is no direct guidance...they dont need to go back to court to re enforce it or in form the court you defaulted...they just collect.

 

 

Andy

[dottymcdotty]

Did she get the car back then?

Ok I will do...

The recovery agents mobile was not an unknown call, which is what threw me. It was a number I didn't recognise and having 2 children and a disabled brother I answered incase it was an emergency

 

How long do I have to keep the car secure for though?

I need to use if to do my job and often park on streets/in public car parks!

 

Is there nothing I can do through the courts to keep them from taking the car?

 

Could I pay all the arrears off and they could still send a recovery agent out and take my car whilst I'm at work with no notice? Feel so vulnerable!

 

Will send the SARS off now ..

I also can't find the court info!

Will I be able to obtain that from the courts too?

 

I didn't get a copy of their court application either!

 

Thanks so much again

[AndyOrch]

See my last post on the previous page......posts crossed

[dottymcdotty]

Thanks Andy - they are saying I am2 months in arrears as Julys was due on the 16th!

 

Even though I have it in writing that I was ok to make it on the 27th of every month and that is the day I have been paying it on, without issue before! they've put these fees on plus another £330 that I have no idea what it is for!!

 

 

Thanks again

[AndyOrch]

If you go the pay link i provided earlier..according to that page you can change the pay date yourself ?

 

As stated ring the court first thing tomorrow and explain the claimant is being unreasonable and should you submit a further N245 to suspend

[dottymcdotty]

Thanks again Andy...

just to clarify - I'm asking the courts to whether I should request to suspend an order that was previously suspended based on the grounds of unreasonable behaviour from the creditor?

 

Will they consider suspending a second time?

Do you know how long it normally takes to get a hearing?

 

I've just written out the SARS ...I' sure they wont have it back in any kind of hurry!

 

what should I do with the car though?

Keep it somewhere secure?

Keep it off the road until the agreement is paid?

( This isn;t really an option as I need it for my job!).

 

Thanks again

[dottymcdotty]

I've just submitted the SAR.

 

Brought the car home and put it in a locked garage

- Do I have to inform moneybarn that it's in a secure locked place at home?

 

Trying to get hold of someone at the court!

 

I'll make payment online as stated then the rest Friday.

If I don't pay the recovery fee will they still come after it and report the car as stolen?

Thanks again

Edited July 23, 2018 by dx100uk
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