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Moneybarn charges and default notice


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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 by dx100uk
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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 by dx100uk
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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 by dx100uk
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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

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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 !!!

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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 by dx100uk
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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 by dx100uk
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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

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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

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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

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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 by dx100uk
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thanks again Andy and DX.

 

Finally got through to the court.

They told me they aren't allowed to give advice but they could send me copies of the suspended order and the original application for the order submitted by moneybarn.

So still none the wiser as to whether the N245 should be submitted.

 

I emailed moneybarn asking for a written breakdown of costs and fees to be paid before they'll call off the repossession/recovery officers this morning.

Asked for a same day response but not had a reply!

 

When I spoke to moneybarn on Friday, they told me that legally they needed to know where the car was as it was their car!

 

What do I do if they take the vehicle once I've paid the payments?

 

Thanks so much again x

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Thanks - oh dear that last post makes a worrying read!

 

DX sounds like these people can do what they like once they have the return of goods order.

 

Reading that last post I could face a heafty fine and imprisonment!

 

Should I put in for the time order then ?

 

Thanks again

Edited by dx100uk
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renegade amp - I'm really sorry but could you possible explain so that I can understand please?

Sat here panicking and no idea which way to turn :( !

I need the car for work and can't keep it locked at home forever!

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DX100uk

 

I've finally got copies of the court order/application and a summary of account!

 

They've added over £300 in £18 monthly DD fees and put on a £1848.26 termination fee ( guessing this is for the total future interest?)

 

Are they allowed to do this?

I saw on one of your other posts that this might not be legal?

Are you able to shed more light on this?

 

Thanks again

Amanda

Edited by dx100uk
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Thanks Andy I did attend the hearing but was unaware of any of this so didn't know to raise it!

I've had the civil enforcement officer on the text this morning threatening to turn up at my work if I don't hand the car back today!

I simply cannot have him coming to my work! Has he got the powers to do this?

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