Moneybarn termination N.Irelend

[shazzys]

Hi

I'm after some advice.

I had fallen behind with my payments to MB and asked for a repayment plan to be arranged - these payments ended up being significantly more than what I was paying originally.

Unsurprisingly, I was unable to keep up with the payments and now find myself further into arrears.

MB have sent me a termination notice and have given me 3 options; listed below

1. Pay the full outstanding balance in full (I cannot afford this)
2. Suspended Return of Goods Order - I have never heard of this  but it sounds less than ideal
3.  Return the car, let them sell it at auction and then pay any monies owed after

I am , roughly, £1000 in arrears but have still paid around 80% of the total amount owed.

I really don't want to hand the car back, especially considering it was a 5k car and I have already paid double that.

Are they able to repossess the vehicle?

Thanks in advance

[lolerz]

when did you sign the agreement and for how long?

How many payments were missed exactly?
 

As you've paid more than 1/3 they can't snatch the car from you (even on a public highway) without voiding the HP agreement as per the Consumer Credit Act.

Some jobsworth with a trailer is not a bailiff, so if they turn up expecting/demanding you to hand the car back to them, you should politely tell them where to go!

[shazzys]

Agreement was signed in 2019 and it was for 5 years.

I was firstly in arrears due to a payment holiday during Covid. I have since missed 3 payments over the last 2 years.

Not sure if this is important but I live in Northern Ireland and I believe bailiffs operate differently here.

[lolerz]

Some random with a trailer is NOT a bailiff! They have no powers what-so-ever. 

[shazzys]

Is there a way I can resolve without going down one of the routes suggested by MB?

[lolerz]

I can't imagine the rules in Northern Ireland are too different England/Scotland but I've flagged this for my site colleagues to review.
 

The advice usually is to apply for a Time Order from the courts, giving you more time to pay.

Plenty of other threads in the Moneybarn subforum for you to be reading up on.

[dx100uk]

yep, NI is the same as E&W

do a time order.

dx

 

[Grotesque]

21 hours ago, shazzys said:

Not sure if this is important but I live in Northern Ireland and I believe bailiffs operate differently here.

No such thing as bailiffs in the north anymore. HMRC have certain statutory powers, but obviously, they don't apply here. The legislation is much like the rest of the UK: MB either chases the debt themselves or sells it (or a %age) to a DCA.

The DCA has no more rights than the original creditor had.

They have to apply for a collection judgment against you through the Enforcement of Judgements Office.

Hence @lolerz blunt point that

21 hours ago, lolerz said:

Some random with a trailer is NOT a bailiff! They have no powers what-so-ever. 

Edited February 25 by Grotesque

[shazzys]

Thanks for that.

Should I still apply for a time order or just continue to make payments as normal?

[dx100uk]

you must nail MB in their box. if you read a few MB threads here you'll see 9/10 they havent a clue what they are saying or doing and make it up as they go along, as most mugs dont know any different.

Time Order.

dx

 

[dx100uk]

hows this going?

dx

[shazzys]

MB suggest I do a "suspended return if goods order"

I will have to pay £407.84 per month which is almost double my usual payments and they also add a court fee of £800 (that MB will pay but add it to my amount owed with interest)

[lolerz]

why are you listening to Moneybarn?

Did you apply for a time order through the courts like we said?

[shazzys]

I have applied for one, yes. Just thought I'd let you know what MB are up to as well 

[dx100uk]

you choose the £pcm on a time order.

dxas i said stuff MB they never have a clue what they are doing.

i hope all this rubbish is by letter not phonecalls as its useful for the judge to be able see their total lack of understanding and how they treat customers in hard times.....