Moneybarn - i missed payments - they offered a consent, i'm doing a Time Order now , received a return of goods order - help

[hemd8]

I’m looking for a bit of advice.

 

I’m having some trouble with moneybarn  after falling behind with payments, which is partly their fault, not honouring agreements etc. 

 

They've sent a default notice apparently, I never received this and a termination notice, I did receive this.

They’re now refusing to accept any payment and say my only choice is a consent order or pay the full balance.

 

After some reading it seems I shouldn’t agree to the consent order?

 

I have printed the form for a time order N440 and filled this out, what else do I need to include when taking it to the court?

 

Thanks

 

[AndyOrch]

Welcome to the forum.

 

I would include a sheet re your proposal of intended payment plan and possibly an Income and expenditure sheet and any evidence that it was the creditor's fault for the breach.

[dx100uk]

yep well done

do a time order 

nail them in their box

 

ive moved you to the moneybarn forum

lots of like stories to read.

 

id also get an SAR off to them and i bet you've been charged heeps of bogus fixed sum penalty charges which are unlawful and get refunded and if they dont you go complain to the FOS about. 9/10 you'll win.

 

dx

 

[hemd8]

Ok so I’ve got the N440, incoming and expenditure, a letter explaining the situation, plus any copies of letters received from moneybarn. As the dates of these letters don’t really make much sense if they sent me a default notice.

Ill also get the SAR done and sent off to moneybarn ASAP.

 

Silly question, but it is a county court I have to take this form to isnt it? Does it matter if it’s not my local one it’s just the one will be easier to access.

 

Im also planning to keep making payments.  As I think I’m able to do this online still even though a call handler refused any payment. I’m fine to do this aren’t I?

 

Thanks I will keep you updated.

 

[AndyOrch]

Any County Court

[dx100uk]

how far are you in to this agreement and do you want to keep the car?

 

dx

 

[hemd8]

 

Thanks

Just under half paid but well over a third. Yes want to keep the car too.

Edited November 12, 2022 by dx100uk
unnecessary previous post quote removed

[dx100uk]

carry on then.

 

dx

 

[hemd8]

Dropped forms off at court, was hoping they’d check them for me but just had to post them. So no fee paid also no case  number on the form as I assumed they’d fill it out. Hopefully all is ok, I did add a sticky note with my number on asking to call for fees or any problems so hopefully be ok.

 

Also posted SAR yesterday and already had an email acknowledging the request.

 

My 7 days to agree to the consent order is now up. Not heard anything from moneybarn yet though.

 

I know it’s not required but I’m unsure if I should tell them I’ve applied for a time order?

[dx100uk]

no .....who do you think moneybarn-  are some super power

you've paid over a 1/3rd they can't snatch the car

and if they do its the best thing they could have done as it would void the agreement and you'd get everything paid back and the car for free.

 

dx

 

[hemd8]

Seems they think they are… 

 

Should I be putting my car on my drive? Only have space for 1 vehicle and usually have my work van on there.

[dx100uk]

No... if they want to snatch it let them!!

 

I suggest you type in moneybarn in the search of the top red banner and get reading a few 10's of threads.

 

Save me explaining everything again and again.

 

Dx

[AndyOrch]

Topic open

[hemd8]

Thanks for reopening the thread. 
 

My time time order is due for a hearing on 30th of this month. But today I’ve just received a defence and counter claim form from the court with a new hearing date. 
So now I have many questions, but will try not to ask too many at once.

Do I need to attend the original hearing date for my claim or does theirs override it?

[AndyOrch]

Scan redact and upload all your paperwork from the court.

[hemd8]

Sorry was just doing so, think thats all the relevant parts.

 

Thanks

PARTICULARS.pdf Claim Form.pdf

[dx100uk]

so a return of goods order

 

if your time order is successful i believe it will null their claim?

 

dx

 

[dx100uk]

13th september that was signed...and its now almost 13th nov? 

[hemd8]

But the issue date that Ive redacted when removing personal information says 4/11/22. Not sure where its sat in the mean time!?

The proposed monthly payment has been made every month and Ive not heard anything from money barn directly. So hopefully Ill be fine!?

[AndyOrch]

Quote

But today I’ve just received a defence and counter claim form from the court with a new hearing date. 

 

It was the above that I asked you upload ?

[hemd8]

Yes that is it, I just didn't include that page as there wasn't no information on it, uploaded it now

 

 

Apologies Ive probably not helped myself by trying to get it uploaded quickly, but here is the document in full as 1 document

 

Notice of Hearing return of goods.pdf

[dx100uk]

so a hearing date for their ROGO on 4th jan.

your Time order hearing is 30th nov.

 

if successful the problem should be resolved, though if need be, ask what now happens about  their 4th jan ROGO

hearing.

 

dx

 

[hemd8]

Just an update, I’ve received more paperwork today. It’s all the same but they’ve changed the date for my hearing and their counterclaim hearing for the same date and time. 
14th December

[dx100uk]

they've?

dx

[hemd8]

Sorry I mean the court. It’s court paperwork I’ve received