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Good day. My first post here.

 

I’m having trouble with MoneyBarn (aren't we all).

 

I took out a car finance in sept 2019.  Come 2020 experienced financial difficulties due to covid. Ended up with a large outstanding balance.

 

Come 2021 essentially homeless/jobless so decision was made to get rid of car through Voluntary Termination.  I knew it was likely to be money owed but had no way of continuing to own the car and thought it was the best thing to do.

 

After speaking with a friend he’s advised that firstly given my financial situation at the time I should never have been approved. Secondly that the car listed in the contract wasn’t the one I received. 
 

I picked a car in carfinace247 (broker) which matched all my criteria importantly was listed as having 4WD. Signed contract online picked car up the next day. Couple days later realised it wasn’t 4WD. I contacted carfinance247 to which I was ignored. So carried on with the agreement...

 

Firstly is there a way of getting hold of all checks carried out upon application and how it was I managed to get approved  being unemployed/disabled/essentially homeless

 

Secondly is the ‘misrepresentation’ of the car/error in the contract as car is listed in the agreement as 4WD.

 

Would this be a way of either voiding the contract or making it unenforceable via courts as currently owe apparently twice what the car was valued at when I brought it. After paying over £4000 plus giving the car back in good condition. 
 

any help appreciated and advice on my best course of action.   

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nice people MB.:pound:

 

yes if car listed on the HP agreement is not the car you received - end of the matter agreement void. can i have my moneyback please

as long as you have proof!!

 

as for the whole agreement ....if you were not financially worthy, i'e lots of defaults, CCJ's or bad credit, then you could also try Irresponsible lending claim

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... 

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Thank you.

 

Agreement void seems like easiest option.

 

Any advice on best way to achieve this?

 

Currently going through “complaints” procedure but they keep extending it past 56 days now so have contacted FOS.

 

I have proof in the way that when I VT'd the car and they inspected it

BCA confirmed it was 2 wheel drive.

 

The vin and reg plate match car I had .....does that matter? 
 

thank you

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you didn't state you had already complained and are now off to the FOS..

dates please of all comms in/out. and with whom and how

 

so what did you put in your complaint please

and what's this 'proof in a way' comment about?

 

it was either 2WD and you knew it from day one and have written proof you complained or you haven't.

 

if the VIN/REG prove the car as 2WD and the agreement, which states the same, but also 4WD , bob's your uncle..agreement void. goods not as described

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... 

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Yes sorry.

They don’t seem to be doing much and I have very little faith in there “impartial” complaints procedure.

 

When they picked up the car and ‘inspected’ it I asked for them to confirm whether or not it was a 4WD car. I had an email reply saying ‘BCA have confirmed the car is 2WD’ , To which I replied as the car is specifically listed as 4wd in the conditional sale agreement and you have confirmed it to be 2WD rendering the contract void. Please return all monies paid plus interest. ( preferably at the same rate you was charging me ;) )

 

had a reply to that email stating they didn’t pick the car, I replied with the car was found on the broker car finance247 website listed as 4wd. I complained to them at the time to no avail. I also added that the choose to ignore the message as the broker is incentivised to lie, misrepresent and ignore me after the contract has been signed. 


On 30/03/2021 I received an email acknowledgment of complaint. Starting 28 days to make a decision and only in exceptional circumstances would ask for an extension. 


19/04/2021 received ‘keeping in touch’ email to say that they would need to extend to the further 28 days. 


18/05/2021 received same ‘keeping in touch’ saying due to the exceptional circumstances they require a further delay in the ‘final decision’ this email advised if I wasn’t happy contact the FOS which I did yesterday about the same time as writing on the forum. 
 

I’m not sure what makes this so ‘exceptional’ as you said should be simple ‘goods not as described’ case closed. 

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I would send a SAR to both the broker and Moneybarn

You are going to have to gather all the evidence that you can to be successful at the FOS if Moneybarn refuse to play ball

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.

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  • 2 weeks later...

Thank you for the advice.

 

I have been issued Moneybarns final response.

 

And as suspected it’s mostly false

 

Furthermore they have completely ignored my ‘not as described

A) is there a particular department that would be knowledgeable to sort it

B) is there any particular legislation or case law that I could quote to them

C) thank you

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read upload 

scan to one multipage pdf 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... 

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Share on other sites

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