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    • its not about the migrants .. Barrister Helena Kennedy warns that the Conservatives will use their victory over Rwanda to dismantle the law that protects our human rights here in the UK.   Angela Rayner made fun of Rishi Sunak’s height in a fiery exchange at Prime Minister’s Questions, which prompted Joe Murphy to ask: just how low will Labour go? .. well .. not as low as sunak 
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    • The property was our family home.  A fixed low rate btl/ development loan was given (last century!). It was derelict. Did it up/ was rented out for a while.  Then moved in/out over the years (mostly around school)  It was a mix of rental and family home. The ad-hoc rents covered the loan amply.  Nowadays  banks don't allow such a mix.  (I have written this before.) Problems started when the lease was extended and needed to re-mortgage to cover the expense.  Wanted another btl.  Got a tenant in situ. Was located elsewhere (work). A broker found a btl lender, they reneged.  Broker didn't find another btl loan.  The tenant was paying enough to cover the proposed annual btl mortgage in 4 months. The broker gave up trying to find another.  I ended up on a bridge and this disastrous path.  (I have raised previous issues about the broker) Not sure what you mean by 'split'.  The property was always leasehold with a separate freeholder  The freeholder eventually sold the fh to another entity by private agreement (the trust) but it's always been separate.  That's quite normal.  One can't merge titles - unless lease runs out/ is forfeited and new one is not created/ granted. The bridge lender had a special condition in loan offer - their own lawyer had to check title first.  Check that lease wasn't onerous and there was nothing that would affect good saleability.  The lawyer (that got sacked for dishonesty) signed off the loan on the basis the lease and title was good and clean.  The same law firm then tried to complain the lease clauses were onerous and the lease too short, even though the loan was to cover a 90y lease extension!! 
    • Northmonk forget what I said about your Notice to Hirer being the best I have seen . Though it  still may be  it is not good enough to comply with PoFA. Before looking at the NTH, we can look at the original Notice to Keeper. That is not compliant. First the period of parking as sated on their PCN is not actually the period of parking but a misstatement  since it is only the arrival and departure times of your vehicle. The parking period  is exactly that -ie the time youwere actually parked in a parking spot.  If you have to drive around to find a place to park the act of driving means that you couldn't have been parked at the same time. Likewise when you left the parking place and drove to the exit that could not be describes as parking either. So the first fail is  failing to specify the parking period. Section9 [2][a] In S9[2][f] the Act states  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN fails to mention the words in parentheses despite Section 9 [2]starting by saying "The notice must—..." As the Notice to Keeper fails to comply with the Act,  it follows that the Notice to Hirer cannot be pursued as they couldn't get the NTH compliant. Even if the the NTH was adjudged  as not  being affected by the non compliance of the NTK, the Notice to Hirer is itself not compliant with the Act. Once again the PCN fails to get the parking period correct. That alone is enough to have the claim dismissed as the PCN fails to comply with PoFA. Second S14 [5] states " (5)The notice to Hirer must— (a)inform the hirer that by virtue of this paragraph any unpaid parking charges (being parking charges specified in the notice to keeper) may be recovered from the hirer; ON their NTH , NPE claim "The driver of the above vehicle is liable ........" when the driver is not liable at all, only the hirer is liable. The driver and the hirer may be different people, but with a NTH, only the hirer is liable so to demand the driver pay the charge  fails to comply with PoFA and so the NPE claim must fail. I seem to remember that you have confirmed you received a copy of the original PCN sent to  the Hire company plus copies of the contract you have with the Hire company and the agreement that you are responsible for breaches of the Law etc. If not then you can add those fails too.
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MoneyBarn - 4 Months Arrears/Breathing Space & Time Order


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Hey everyone,

I hope you're all doing well. I wanted to reach out here because I'm facing a bit of a challenge with my car finance through Moneybarn, and I could really use some advice.

Long story short, I've hit a rough patch financially, and I've fallen behind on my car payments. Currently, I'm four months in arrears. It's been tough, especially considering I've already paid off three out of the five years on my finance agreement. 

Car initally was £9,050, finance was for £19,500!  I have £8,500 left on it (arrears included).

I'm really keen to keep my car because it gets me where I need to go, and I've made significant progress in paying it off. After doing some research, I've learned about something called "breathing space" and a "time order." From what I understand, these options could provide me with some much-needed relief from paying the arrears and a structured way to catch up on my payments without losing the car.

I was wondering if any of you have had experience with Moneybarn or similar situations? If so, I'd love to hear your thoughts, advice, or any tips you might have.

In two days I will actually have 4 months arrears because I am unable to pay this months payment.  I am thinking to email them the day before the missed payment, telling them I am happy to pay as normal from next month and tell them I am applying for breathing space from the arrears and also I want to see about a time order?

Current payments are £336 per month and I would like to get this down by having longer to pay it off or by the court reducing the high interest.

I am also reading that because I should not have been given the high loan to start with due to not being financially great people are getting compensation?

I just do not want them to take the car back after I have spent 3 years paying it off, I only have 24 payments left from 60 so I want to own it after that.

Do you have any advice on how to go about this? 

Once I miss this payment, making it 4 months total of arrears (not 4 missed payments in a row though) that they will terminate my agreement and take the car back. 

They are asking me to explain my income and expenses which is fair enough but I dont want them to say I can no longer afford it and terminate it. 

I want to pay it all off, but at lower payments and keep the car.

Thanks in advance for your help and advice.

 

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moved to the moneybarn forum.

i suggest you go read a good few like threads below and get upto speed as some of your thinking's are a bit amiss, esp regarding them just taking the car.

Moneybarn Issues - Consumer Action Group

as you have paid more than 1/3rd under the consumer credit act regarding HP agreements, the car is deemed 'protected goods'.

this means they will HAVE to apply to the civil county court for a 'return of goods order' of which the court will advise you if one is raised.

if they take the car before 'they win' in court (Fat Chance!!) . it will VOID the whole agreement.

should that happen, as long as you do not co-operate, nor sign anything, under the CCA you will be entitled to aLL you payments back AND the car or it's current trade price. 

so moving on....

pers..i would do a time order NOW for an affordable monthly £PCM. 

that will nail moneybarn in their box.

i would not be filling out MB's I&E or giving them any pers info other than raising a time order ASAP.

Breathing Space in MOST cases is a very good idea and gives 60 days buffer, but it allows the provide to nose into your pers financial details as you can't 'just' do it for one debt. they will want to know everything, all your debts etc...inc your inside leg measurements, and as these providers that enable breathing space are funded by the banks, the finance industry and the DCA's, i'd not want that floating around their partners.

do a time order ASAP.

but please READ a good few 10's of MB threads FIRST.

dx

 

 

 

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thank you very much for that information there.  Ok so maybe I should not do the breathing space.

Should I tell MoneyBarn I am doing a time order via email?  Will I need to attend court for this?

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nope dont inform MB...they'll soon findout...:pound:

1. How to apply before court action

You need a claim form called an N1 which you have to fill in with supporting information called the ‘particulars of claim’ You also need a full personal budget sheet and details of your circumstances. This should be taken to your local county court.

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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cant see the point of the BR myself as i explained.

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Well because

A they will hassle me if I dont, and threaten to terminate the contract and take the car back (even though they need to apply to court, they will still email lol)

and because if I do not do that, I will have to pay next months normal car payment as well as an agreed arrears payment on top so it would give me some space from the arrears payment.

It is also to stop all action being taken, IE they cannot go to court during the 60 days....but I can for a time order.

How long does a time order take to go through?

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you'll get harassed anyway.

if you've read a few threads yet, MB just make up their own rules as the go along regardless.

the time order could have been done today, but you've wasted that.

get it done tomorrow before the w/end.

if will be far far quicker that BS which can take over a week as they have to write to all creditors etc etc then put it before the up on the govt website, then get it ratified,

once the time order is registered at your local county court, it will negate everything they try and do.

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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correct i dont know why the sticky says n1 that i copied it from.

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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