Moneybarn Salford Manual claim form - car written off - want full agreement sum

[Infiinty78]

Hi, new to the forum and apologies if i make any mistakes. I am writing on behalf of a relative who is currently struggling with Moneybarn.

She took out an agreement in 2020 and late 2021 the car was written off. She has been paid out and the figure is less than the finance on the car. Relative has made contact with Moneybarn and given a settlement figure of £9065.26 including amount of rebate (Nov 2021).

 

She has contacted them and when spoken to someone advised that she can pay circa 6k and can she have a repayment plan for the remainder. She hasnt heard back until January with court action for the full figure of £11351.28 plus £600 costs on top. Again tried to get through to money barn but no response back.

Part of the issue has been exasperated due to the poor customer service that is on offer from moneybarn and the difficulties in getting hold of anyone.

Reading through the forums is the best course of action to:

1. Transfer maximum funds to the account given for the rebate and negotiate a repayment plan
2. Email a letter of complaint advising the manner in which this has been dealt with has been unreasonable and againts FCA guidance
3. Respond to the notice from the courts seperately - defending the claim

Any advise that can be given would be much appreciated.

Relative is currently on furlough and is not in the best of financial situations etc

Edited January 24, 2022 by dx100uk
Format

[dx100uk]

Tell us about the court papers

Is this an n1 claim form from northants bulk?

 

Forget the rest. Or your thoughts on what to do 

 

So who wrote the car off? Her fault or someone else ? She should have immediately put her insurance company in touch with moneybarn not be a middle person. 

 

It's their car not hers.

 

Dx

[Infiinty78]

Hi, its a N1 claim form dated 17/01/22 and served on 20/01/22

 

The car was written off because of someone else and the insurance company has paid out.

[dx100uk]

Not her car..its moneybarns.

 

as per the hire purchase agreement she signed...Did she immediately inform MB of the accident??, they should have been the ones dealing with her insurance company not her. If not why not?

 

dont do anything unless advised here for now till we get all the details please.

 

so a third party hit her and agreed not her fault?

 

Please complete this

 

 

 

 

 

[Infiinty78]

Which Court have you received the claim from ? County Court Money Claims centre salford

 

CCMC PREFERRED COUNTY COURT AS BURNLEY

 

Name of the Claimant ? Moneybarn No1 Ltd

Date of issue – 17/01/2022 

 

AOS  5/02/2022

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim? 

 

1. The claimant entered into a conditional sale agreement by the consumer credit act 1974 with the defendant numbered 572710 on 17 April 2019 for the conditional sale of a Hyundai Santa fe 2.2 crdi (194bhp) 4wd premium (5st) station wagon 5d 2199cc Auto (oct 2012) Reg No: ****** full details of which have been supplied to the defendant

 

2. The date of maturity of the agreement is 16 April 2024 

 

3. Total rentals payable £20945.32 plus any extra charges. Total sum paid £9594.04 Total sum outstanding is £11351.28 including extra charges, full details of which have been supplied to the defendant

 

4. The vehicle was declared a total loss by the defendant’s insurer. In breach of the Agreement, the claimant has not received any insurance monies from the defendants insurer.

 

5. The claimant claims:

i. the sum of £11351.28

ii. interest pursuant to the agreement at the rate of 34.9% from 16 April 2024 the date of the maturity of the Agreement until full payment. Interest to the date hereof is £0.00

 

iii. Costs

Date: 21 December 2021

 

What is the total value of the claim? £11,351.28

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Not sure however they did contact her in August

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No

Did you inform the claimant of your change of address? n/a

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Car finance

When did you enter into the original agreement before or after April 2007 ? After April 2007 – 17 Apr 2019

Do you recall how you entered into the agreement...On line /In branch/By post ? in branch of car dealership

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? not sure

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Yes

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure

Did you receive a Default Notice from the original creditor? n/a

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? not sure

Why did you cease payments? Financial difficulty and also due to the accident

What was the date of your last payment? 28/03/2021

Was there a dispute with the original creditor that remains unresolved? NO however we asked for a settlement figure

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes the creditor was advised that we are struggling financially and please advise what course of action to take in order to set up a repayment plan

 

 

Salford Claimform.pdf

Edited January 24, 2022 by dx100uk
formatting

[dx100uk]

 select the n9 form and respond to the claim 
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction etc unticked

 you DO NOT file a defence at this time
[BUT you MUST file a defence regardless by day 33 ]

..
get a CCA Request running to the claimant

https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/

..

Leave the £1 PO unsigned and uncrossed

.

get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant]
...
.[use our other CPR letter if the claim is for an OD or Telecom Debt]
.

https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

.

on BOTH type your name ONLY
Do Not sign anything
.
you DO NOT await the return of ANY paperwork 
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

..............

 

[Infiinty78]

i have responded with the acknowledgement of service and also sent off a request of a copy of the credit agreement as well as requesting a cca request.  Just one question does 33 days for the defence mean the deadline for the defence is 17/02/22.

 

[dx100uk]

On 24/01/2022 at 20:48, dx100uk said:

you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

 

[Infiinty78]

I havent received any further correspondence from Moneybarn

 

however i have received the Notice of proposed allocation to fast track. This cites completion of the questionnaire form N181, attempt to agree directions with all other parties and file proposed directions.

 

However i havent heard from Moneybarn in respect of these items and the deadline for the all three points is 25th March.

 

I was thinking of completing the form and sending it off to all parties.

Edited March 24, 2022 by dx100uk
Spacing

[AndyOrch]

You must complete the n181 irrespective and file and serve by 25th otherwise you risk your defence being struck out for none compliance with court directions

 

Andy

[dx100uk]

What defence did you file?

 

Dx

[Infiinty78]

Would this suffice and can send next day delivery for tomorrow to the other side and also the courts

N181 Redacted.pdf

[Infiinty78]

This was the defence

N9B - Defence and Counterclaim Redacted.pdf

[AndyOrch]

B.2 add your local county court name (you are litigant)

D.4 leave blank

 

I. what application do you intend to make ?

 

Andy

 

 

 

.

[Infiinty78]

I am also considering filing a part 36 offer for the original reduced figure of £9065.26 including amount of rebate (Nov 2021).

 

Concerning point I on N181 - i dont think i will be making any further applications so i have left that blank. In terms of serving this - can this be done via email or does it have to be via post?

 

[dx100uk]

Pers i would never have filed that defence.

 

should have been defended property!! Not disappear for 2 months.

 

up creek without paddle following that submittance

 

go beg for a tomlin order to avoid a guaranteed ccj..imho

 

Dx

 

 

[Infiinty78]

The process can be very daunting and is made even more difficult when you dont have any communication channels open with the other party. I am not legally trained nor have i completed these type of documents before. Do you feel a aprt 36 offer would be suitable under the circumstances and also a follow on complaint financial ombudsman service or FCA. Any helpful advise would be much appreciated

 

 

[AndyOrch]

Quote

Did you receive a Default Notice from the original creditor? n/a

 

If I may ask why is it not applicable ? And did she receive a DN ?

[dx100uk]

Well thats why you came here for advise, but disappeared at the most important stage defence filing......weird....

 

Dont think a part36 avoids a ccj?? but a consent order would. ..

 

also i cant see what you have to complain about to anyone....the only person whose done anything 'wrong' is the defendant..got a seTtlement..spent the money.....wasnt hers in the first place

 

Dx

 

 

[Infiinty78]

From your original advise on the 24th January - I filed the defence as thats what i thought you meant. Concerning the money she hasnt spent this (thats just your assumption).

 

The car was written off - and the insurance pay-out was considerably less than the value of the loan. She offered to pay the payment and also tried to arrange a payment plan for the remaining balance. Despite numerous attempts at contact - she didnt receive any information back.

 

 

[AndyOrch]

14 minutes ago, dx100uk said:

 

 

Dont think a part36 avoids a ccj?? but a consent order would. ..

 

Dx

 

 

 

It does Dx its an offer to settle pursuant to CPR 36...but can be rather complex and the only advantage over a consent order is may save on costs. 

[Infiinty78]

concerning the default notice from the orginal creditor - there was a default notice however i felt the quetsion meant if the debt had been passed off. Clearly i was wrong. Feels like quite a car crash of a legal exercise tbh

 

Concerning the consent order - is there any advise on how to get this completed

 

[AndyOrch]

No that's Assignment...with regards to getting an agreement by consent...simply suggest to the claimant that you may be willing to settle via a Tomlin Order if a mutual agreement can be made......then the ball is in their court...but given they have not responded to your existing offer of £9K I doubt it they will be forthcoming or accept anything less than the original court claim amount.

 

Andy

 

 

.

[AndyOrch]

A Time Order may be another possible option.

[Infiinty78]

Thanks Andy - i will follow this up now.

 

I havent made them an offer of the original settlement figure as i was going to do that with the part 36