Moneybarn Termination - Time Order - scotland

[User12]

Not sure if this is the right place to post this but I am in Scotland so wanted to know my rights and some advice is needed. 
 

I got behind on payments to Moneybarn due to health and work reasons and had set up a payment arrangement however this failed 1 month due to issues with my bank.I emailed them several times to try and sort it but had no response until

 

I received a termination letter.

 

I called them and spoke to someone on the phone who said I could arrange a Time Order for payment and that was my only option now to keep the car. However when I tried to do this they demanded 25% of the arrears. I was only able to pay half of that but told them I could pay the remainder this month but they have rejected that.

 

My problem was in the initial email they never said it had to be paid by a certain time but just as soon as possible.

Then when I phoned to pay half and set it up they sent a new email with that part added that it was to be paid by close of play that day.

 

I had sent all info they needed and paid half but the next correspondence from them was the next day

I received an email from them with instruction that they had assigned Engage Services to repossess the car. 
 

apologies for the length of my post but info I’m really hoping you can help with is. 
 

1. is it right they didn’t put in the initial email the due by date for the 25% payment. 
2. Is the only way to set up a time order through them and their law department who won’t talk to me until I have paid the remaining amount. 
3. what is the process around this Engage Services when I am in Scotland are they able to repossess the car without my consent? 
4. is there any other way around re-insisting the contract or getting my own court order? 
 

thank you! 

[dx100uk]

god please stop talking to MB on the phone!!

they haven't clue what they are doing most of the time and make it up as they go alone.

even more so if you are in scotland

 

have you paid more than 1/3rd?

have you received a default notice?

 

dx

 

 

[User12]

Hi,

 

thank you so much for getting back so quickly. Yes I have realised they don’t know anything on the phone anyone I’ve spoken to has had a different piece of advice and info. 
 

the trouble is I tried contacting them via email and letter and never received any responses or if I did it was weeks later saying to call them. So at a bit of a loss! 
 

I am unsure if I am over 1/3rd yet I believe I should be but it’s hard to tell with what’s interest etc. 

I received a default notice yes that was when I initially tried to contact them to set up a plan but by the time they got back to me it was at the final date for it. 
 

many thanks 

 

[dx100uk]

When did you sign the agreement

For how long?

 

It should all be listed on the back 

 

If youve paid more than the 1\3rd figure

They cannot take the car without a return of goods court order.

 

 

Guy with a flatbed is not a BAILIFF

And has zero legal powers

If he turns up wanting you to hand over the car under voluntary surrender rules. Tell him to do one!!

 

Go do the time order yourself directly to your local court.

 

That will kill anymore troubles with moneybarn dead.

 

Read a few thread s. Here on then.

 

Useless lot!

 

Dx

[User12]

Thank you for all the help and advice it’s really appreciated. I am going to go and do the time order myself now and be done with it. 

[dx100uk]

Yep locks then in their box 

 

When did you take this agreement out?

And how many payments have you missed please?

 

If you have paid more than 1/3rd and they snatch the car from the public highway without your consent (don't!!)

 

They will thus void the agreement under the hp consumer credit rules..

 

you'll get all your payments back and keep the car or get trade price too.

 

Dx