Moneybarn took car from private car park, no default issued? wanted to VT, they refused

[starryeyed89]

As the title suggests

 

I had a agreement for a car with Moneybarn,

over this past year our finances have dramatically changed and we missed several payments.

I tried sorting this out with moneybarn however they weren't really much help!

 

4/10/19 I received a 'termination notice'

I rang them up and offered to pay IN FULL our arrears but this was declined,

 

they gave me 3 options

1) voluntary surrender

2) pay a lump sum and the car would be ours

3) Court agreement keep the car and restart payments (cant remember the official term),

 

this was the 7/10/2019,

they said they would give me 7days til the 14th to decide what to do.

I looked on this site and found I can voluntarily terminate so I did,

 

letter sent 11/10/19 (template from here) recorded delivery and an email sent same day.

Received a phone call from a company wanting to collect the car and a letter stating someone would be in touch to collect the car,

thought that was the end of it

 

their letter didn't state I had voluntarily terminated

I emailed them stating I wished to do this and I WAS NOT voluntarily surrendering.

 

Fast forward to today the car was taken away and i received an email stating that 

'I can confirm that we did receive your request to voluntary terminate your agreement, but this was after your agreement was already terminated on 04/10/2019.'

 

Where do I stand?

I cant seem to find anywhere online that states I cant voluntary terminate after they have already terminated but I have a feeling I am indeed in the wrong and I will have to pay what is left after the car is auctioned.

 

I do not remember receiving a default notice but I cannot prove this either way.

 

What are my best options is it a case of just hoping the car goes for more so I eventually pay less??

TIA Starryeyed

[dx100uk]

you shouldn't of let the car go till things were sorted.

 

the repo guy has zero legal powers and you should have told him to do one.,

 

MB have been castigated by the authorities numerous times for these unfair tactics.

they know they cant simply make up their own rules.

 

you need to findout if they did send a DN

as without it, they are stuffed.

they cant just rock up and take the car without one

 

when did you take out the finance and how long for?

are you passed 1/3rd?

 

 

[starryeyed89]

I didn’t receive the email til 4 o’clock this evening after the car was taken this morning, up until that point I thought I had voluntarily terminated and there were arranging to take the car back because of this. 

Totally agreement was around 11k

we started the agreement June 2018,

I worked out I had paid £2690 so I am under the third, it was for 4 years. 

I am unable to find a DN, but like I said they could have sent it and I have misplaced it.

Do they have any record of it their end and how can I prove I didn’t receive one if in fact I didn’t. 

[dx100uk]

credit file?

 

[starryeyed89]

Ok, I’ll check there.

If I have one I guess there’s not much I can do but if I don’t have one they can’t do what they are doing?

[dx100uk]

they should

and have been reprimanded before

for not outlining Voluntary Termination

in their list of options.

 

 

[starryeyed89]

Hi dx.

I have signed up for creditkarma (it was free but shows everything).

 

On my moneybarn account it says late payment.

 

I’m glad I actually signed up as I have seen a debt I totally forgot about that says default. 

Therefore am I right in thinking that I do not have a default notice from money barn, as it just states late payment.

 

October’s status isn’t on there yet but according to moneybarn the agreement ended the 4th October therefore I would have had a default notice sent in September which I can see and just states late payment. 

Can you confirm what I’m thinking? 

[dx100uk]

plenty of moneybarn threads here to read.

getup to speed.

 

get an sar running to them .

 

where was the car taken from , on the public road?

 

 

 

 

[starryeyed89]

What is a sar, is it a subject access request? 

No it was on a residential car park therefore I’m guessing private?

[dx100uk]

just click sar.

 

ummm...a powerless repo guy should not be taking anything from private land, if it is, please check.

is the carpark of the rented place you live at...expand..

 

also were you in

did he come around, should have done

but ofcourse if there is no default notice

then he wont as he knows on 2 counts its an unlawful repo ..

they ARE NOT BAILIFFS.

 

Anglia was it?

[starryeyed89]

Yes it is the communal car park for the residents of the 2 blocks of flats. 

No it was Burlington?

 

Yes I was in,

 

they called the week before and arranged a time to come round

 

, as I thought due to myself sending a VT this was them collecting it. 

Im pretty sure there is no default notice as my credit file doesn’t show it.

I also received a letter stating I would be charged £25 for a polish of the car and that they expect it to go for £500-£1000 at auction.

 

This is a car I got for nearly £6000 June 2018

 

. It’s ridiculous!  
 

[starryeyed89]

Can I just ask what does a sar do?

[dx100uk]

have you not read it?

its a legal request for everything they hold on you

 

 

 

[starryeyed89]

Yes I have but I wasn’t 100% sure. So this would tell me if I have had a default notice? 
I have found the template and will be writing it this weekend to send it monday

[dx100uk]

you click sar and send that.

 

yes it gets you everything concerning you and your dealings with them your data.

 

[starryeyed89]

Hello dx. I’m still waiting for my sar from moneybarn,

 

This morning I had an email saying something had changed on my credit file.

 

This was moneybarn adding default to my account.

 

I’m taking this as they hadn’t done it in September like they had said.

 

Therefore can I ask what my next steps should be about sorting this out?

 

Thanks 

[dx100uk]

Await the sar

[dx100uk]

however I will say this is looking very good for you.

they have repo'd a car from private property without issuing a default notice 

 

that means they have broken [voided] section 99/100 I think it is of the consumer credit act.

this means you are entitled to the car back [or equivalent market value] 

and all your payments.

 

however we need the sar data to prove this.

 

[starryeyed89]

Hi. I have received the SAR today. Looks like they did send a default notice, looking at it neither me or my husband remember ever seeing the letter. However, I know we cannot prove this like they can and have....

I guess there is nothing more I can do? 
Thanks for all your help 

[dx100uk]

hey don't throw in the towel yet..moneybarn are inept atleast and make and interpret rules as they go along.

 

how many pages are we looking at here in total?

[starryeyed89]

So the default notice is 2 pages but the whole thing, I don’t really know 100 pages maybe. 
Starts with small breakdown of what they did each day and time then goes on to a copy of all the letters they have sent out

[dx100uk]

not too worried about the letters but certainly the comms log and statements are useful to paw thru.

 

the letter can be a sep upload if necessary

have you got a scanner?

[starryeyed89]

I do. What would you like to see?

[dx100uk]

statements

comms log

 

letters can all be a sep upload.

 

just the redaction is the diff bit.. please be careful.

read upload carefully

[Peterbard]

Hi S

 

 am afraid you cannot terminate if the agreement has already been terminated by the creditor.

 

Can I ask How much you paid off the car before they took it.

 

If you had paid one third, then the car was protected goods and the could not have taken it without a court warrant.