Moneybarn - Threat of return of Goods Order - Urgent help please!

[LH2021]

Hello there

 

Needing urgent assistance in how to deal with Moneybarn please. I think I need to apply for a Time Order (having read up on some of the threads here) but not sure so need some guidance please.

 

In short – took out car finance with Moneybarn 18 months ago. It is a conditional sale agreement and covered by The Consumer Credit Act 1974

 

Fell behind with payments earlier this year and Moneybarn threatened to repossess the car.

 

I spoke to them and agreed I would make regular payments and any extra I could manage. (No exact amount of the overpayments to be made was discussed) In the meantime, they would get their Legal dept to contact me re a consent order.  They suggested if I made regular payments, I would get to keep the car.

 

We went through my expenditure; I sent copies of my payslips and completed a direct debit mandate. They did not action the direct debit on their end, so instead, I made manual overpayments. And have done so for many months now.

 

Then I received a Default Notice and later a Notice of Sums in Arrears. But as I was expecting contact from their Legal Dept re the Consent Order and that fact I was making overpayments as agreed, I assumed I was doing the right thing.

 

I have now received contact from Moneybarn’ s lawyers demanding I pay the full outstanding balance. I want to keep the car but cannot pay the full amount they are now demanding.

 

Moneybarn' s lawyers state I either have to make a payment of over £20,000 or surrender the car. But also mention if I have spoken to Moneybarn re a repayment plan, court action will still be started against me / a consent order or suspended return of goods order can be arranged in Court etc.

 

Would appreciate any advice as to what I should now do.

 

Thanks

 

LH2021

[dx100uk]

moneybarn solicitors ...there aren't any, you probably mean the officer junior thats pretending to be from their 'legal dept'!

 

get an sar running to them today please asap.

 

how long was your agreement for please are you over the 1/3rd mark on the rear of the agreement please.

 

pers id not fall for their silly games, if you read a few more threads her in the moneybarn forum (where i've moved your thread too as well) you'll see they haven't a clue what they are actually talking about and interpret and make up the rules as they go along.

 

last tip STOP talking on the phone now...writing ONLY ..put the phone down.

 

dx

 

 

 

[Kyosanto]

Someone will help you how to deal with them. The first advice will be never call them and send them a S.A.R, so you might as well start reading up on similar threads and prepare the S.A.R letter

 

You will be able to get the help you need, but in the meantime I'm just going to ask the preachy question: 

-Do you really want to be driving a car that you can't afford?

[LH2021]

Thanks for answering my post - much appreciated

 

dx -  I have sent a SAR to Moneybarn.  

The letter I got was from DWF Law LLP stating they represent Moneybarn.

 

The agreement is 60 months. First payment was made in June 2020. To date I have made 12 payments between June 2020 to Oct 2021. (Sorry I am dyslexic and my maths isn't good enough to calculate 1/3

 

Noted - I will not communicate with Moneybarn / dwf verbally. 

 

Apart from the SAR, shouldn't I be applying for a Time Order?

 

Regards

LH2021

 

@Kyosanto Hello 

 

Yes - Not planning on speaking to them ever again!!

From now on, everything will be in writing as you and dx have advised.

I have indeed sent a SAR to Moneybarn.

 

I terms of the car - I jumped in with 2 legs and and at the time I was able to afford the car. I would like to keep it, continue on making payments and clear arrears. 

 

Thanks for your assistance. 

[dx100uk]

60 payments is 5 years so 1/3rd will be 18 monthly payments or an equiv sum. it is diff to ascertain if you've not done that yet. can you please look up your bank statements and tot up what you have paid please. and we need the monthly payment rate from the agreement as well.

 

as for the NOSIA, you can ignore those , thats just them complying with the CCa rules because i suspect they charged you unlawful penalty fees too that can be reclaimed later. i will guess you have made 1/3rd which is why they've not instigated to try taking the car yet via a no powers guy with a flatbed. so you might be in a place whereby the goods are now covered by that rule under the consumer credit act.

 

but anyway....you need to keep this car off the public road, as as it stands they are within their legal right to simple take it without your involvement.

 

on private land like your drive you can refuse. 

 

they've served all they need too like a default notice etc. so be careful here.

 

as for DWF, absolute muppets and pers id drop all comms with them, zero powers they dont and cant own the debt.

 

ultimately the time order is your way to go if you want (why i dont know!) to keep the car.

 

you can apply for the time order yourself without any further involvement of anyone .

 

 

 

one last thing , do not every voluntary surrender....always voluntary terminate if you dont want the vehicle.

 

dx