Moneybarn taking me to court

[Crow2023]

Last year our car financed through Moneybarn broke down and taking it to the garage they told us it would cost more to repair than the car is worth so we took cash to have it scrapped.

 

I continued to pay the car finance but got into one month arrears due to cost of living going up.

 

Spoke to Moneybarn to set up a payment arrangement and they asked why the vehicle had been transferred.  Explained about the above and that I wanted to set up a payment arrangement for the rest of the outstanding money.

 

They said fine, would have to send a default letter out and then after 21 days they'd be in touch to set up said arrangement and I didn't need to respond to the default letter.

 

Received the letter, and subsequent termination letter, received no comms from them to set up payment arrangement and then subsequently receive a court summons. 

 

Called Moneybarn to query why I hadn't received call to set up arrangement and either got cut off or told litigation team would be in touch which they didn't.

 

Attended first hearing where Moneybarn solicitor wasn't aware I had reported vehicle scrappage (albeit late) so hearing was adjourned.  Court date was moved from December to February 14th as no judge available.

 

In the statement they have sent over they do not mention the agreement to set up an arrangement and instruction not to respond to default letter.  Instead they are saying I haven't responded or paid anything towards loan and haven't produced proof of vehicles scrappage (which I haven't got).  The car has since been sold on which I wasn't aware of.

 

All I have ever wanted to do was pay this money back. 

I have sent over recordings of these calls to the court to show I didn't deliberately ignore the default letter.

 

I am going to try and get something from the garage to show we scrapped but I am not hopeful they will cooperate.

 

Is there anything else I need to/can do?

 

What are the potential outcomes here?

[dx100uk]

please complete this:

 

dx

 

[Crow2023]

Which Court have you received the claim from ? Stockport

 

MCOL Northampton N1 ?

Manual Claim CCMCC (Salford) ?

New beta WWW.MONEYCLAIMS.SERVICE.GOV.UK ?

 

Name of the Claimant ? Moneybarn No. 1 Limited

 

Date of issue – 6th October 2022

 

Particulars of Claim

 

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

 

1.The claim is under the Consumer Credit Act procedure for delivery up of the vehicle, arrears, the amount due and/or damages and interest, under a Regulated Conditional Sale Agreement. 

 

2. The MoneyClaim element of this matter to be adjourned generally with liberty to restore pending return and sale of, or loss of the vehicle.

 

What is the total value of the claim? £7879.32
 

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 ? 21st May 2020
 

Do you recall how you entered into the agreement...On line /In branch/By post ? Online
 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Don't know
 

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. Original
 

Did you receive a Default Notice from the original creditor? Yes
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? It hasn't been a year yet
 

Why did you cease payments? September 2022
 

What was the date of your last payment? July 2022
 

Was there a dispute with the original creditor that remains unresolved? No
 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes
 

 

[dx100uk]

so a return of goods order? was it?

 

 

[Crow2023]

Nothing has been finalised yet.  They have sent comms to the new owner of the vehicle but they haven't responded.

They want to retrieve the vehicle but I don't have it any more.

Edited January 27, 2023 by Crow2023

[dx100uk]

it was not your vehicle to sell ,it belonged to moneybarn ..  thats the bottom line.

 

and it doesnt matter if they did or did not follow up to you on setting up the arrangement sadly 

 

you will be liable for the price of the lost vehicle to them and the outstanding finance remaining 

 

i cant see a way out of this sadly.

 

dx

 

[Crow2023]

Oh no I don't want a way out of it.  I do want to pay it back, I know I owe them the money.

Will the likely outcome be that I can set up a repayment plan?

[dx100uk]

pretty sure the claimant would be willing to draw up a tomlin or consent order.

 

 

why dont you approach their solicitors.

 

 

[dx100uk]

you do realise unless this was a high mileage usage by you? , under your consumer laws/rights, the retailer (seller) could be responsible for selling you a vehicle that had faults present at the time of purchase that resulted in it eventually failing?

 

it might be helpful for you to give us a full timeline of events with dates and whom you purchased this from.

it could open avenues for you to pos minimise your future outlay.

 

you also state this is a Regulated Conditional Sale Agreement. 

have you still got a copy of this agreement?

read upload CAREFULLY and scan it up to one mass page pdf.

 

im shooting in the dark here, with little info but, moneybarn always make up their own rules and unless fronted out, get away with it , even at court.

they have been fined numerous times £M's by the authorities for conning (for want of a different word) consumers out of money.

 

 

 

[Crow2023]

I have emailed the solicitors to see if they will agree to set up a payment arrangement.

 

This file is too big to upload - will see if I can find another way to amend and upload.

[dx100uk]

Did you mention consent order?

[Crow2023]

No - not sure what this is?