Moneybarn

[Bmw 1]

So, in June I had a company calling me stating they were coming to collect my vehicle that I have on finance through money barn. I've had the car for over 2 years now.
I contact this company and made them aware that this is the first thing I'd heard about this so they advised me to contact money barn which I did. They advised me that because I'd missed 3 payments that they had terminated my contract. They advised me that they had sent letters out which when I checked my address they still had my old 1 on file. I told them I'd spoken to 3 different people regarding this and also got email paper trail to back this up. But they weren't having none. So moneybarn gave me 2 options to either do a consent order or settle the finance. When i questioned the missed payments it was actually holiday payments I took and got email confirmation from them. Also this was noted on my credit file as arrears. I obviously opted to keep the vehicle and paid £290 for the consent order. I've kept up all payments whilst the consent order is being sorted, but then today iv had a letter from a solicitor demanding the outstanding balance in 7 days or i surrender the vehicle. I've not had anything back from the courts yet regarding the consent order so I'm unsure of where I stand now. I've tried to contact the solicitors and moneybarn and no one is available to speak to me

[echat11]

Hi BMW 1

Follow MoneyBarn's Complaints policy, write a Letter of Complaint, mark it as such, explain what's happened, why they've got it wrong and what you want them to do. Tell them if the matter isn't resolved, you will make a complaint to the FOS. Email it to CMC. Email them a Subject Access Request letter, template is on the right hand side of your screen, under SHORTCUTS.

Send a copy of the your complaint to the solicitors, mark it 'URGENT'.

[pt2537]

Where does the consent order come into play here? did they take you to court?

[DE DOGS]

I have had a similar occurrence but mine was about 40 years ago with a car that I thought was sold to me by Hire purchase, it was not it was owned by the finance company (The Associates now sold to City Card) until the last payment was made and at the time an extra £1 to purchase the car, I paid religiously, but then received a letter when three payments to end the agreement was to finalise it appeared that one payment was delayed by days not my fault but the Bank, they were going to repossess the car, I promptly put the car in a locked garage and requested the finance dept to pay all three payments, plus the one £1. I then got the car after two weeks from the garage, next morning it was gone, fuming I told them to return the car or I would sue them, they returned it two turnings away, and the moral of this story is to read every part of a contract no matter how long it takes, just take it away and read in your time never rush into it as you will pay the penalty

[Bmw 1]

The court action still hasn't happened, I'm awaiting the consent order but now have a letter from a solicitors saying there collecting the vehicle in 7 days.

[Bmw 1]

Also I've complained to moneybarn and had a reply form them telling me they couldn't resolve it on 56 days so go to financial ombudsman which I have done but they can't take it much further as moneybarn haven't give them the file

[DE DOGS]

Also I've complained to moneybarn and had a reply form them telling me they couldn't resolve it on 56 days so go to financial ombudsman which I have done but they can't take it much further as moneybarn haven't give them the file

I don't think you are breaking the law. So check if you can do what I did, find a garage and park it up until it's resolved, as once they take it more than possible you will not see it again. Keep up the payments so you are not defaulting.

[echat11]

I don't think you are breaking the law. So check if you can do what I did, find a garage and park it up until it's resolved, as once they take it more than possible you will not see it again. Keep up the payments so you are not defaulting.

I agree.

[Bmw 1]

I've now been issued with court papers. The money I paid for a consent order I don't know where that has gone as I've never received any paper work for this consent order.
there now saying I'm liable for £10009 but this was the balance that was due in May 2021. I've made payments of £234 every month apart from the 3 holiday payments so i believe ive paid over half of the vehicle value now.I had the finance in September 2019 and my settlement figure up to Feb 2022 shows £8426. (If I settled in Feb it would of been £6624).
I'm unsure of where I stand now as the FOS still haven't been given the files.
I really don't want a CCJ but I don't see why i should pay £10000. When I've paid more than there stating

[echat11]

You should of chased up the consent order stuff. You need to fill in the following:

Received a claim? Yes/No:
Issue Date:
Have you Acknowledged the Claim?:
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
Claimant’s Name:
Solicitors Firm:
Original Creditor:
Original Debt (eg. Credit card/Loan/Overdraft) :
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
List any letters you have sent (eg: CCA/ CPR ):
Any Other Information or Background Details:

Do the following, update the thread when you've gone through the data they send.

a) You need to Acknowledge of Service, that can be done online, that gives you 28 days in total, plus 5 days postal.

https://legalbeagles.info/library/gu...ledge-a-claim/

b) Send the solicitors a CPR 31.14 Request, they have 14 days to provide documents they are relying to make the claim. Make sure you get Proof of Postage. Ask for a copy of all the documents listed in the Particulars of Claim.

https://legalbeagles.info/library/gu...-of-documents/

c) Send Moneybarn a SAR, they have 30 days to provide all the details on the account (6 year period). Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

Make sure you get your defence in on time, so 28 days (plus 5 post) from the date on the claim, note it in your diary.

[Bmw 1]

When I did the court order they didn't send me any paper work just an email thanking me for the payment and that I needed to keep up the repayments.

Ive now been sent court papers for a CCJ but this is a dispute I still have on going with the FOS. The company who I have my hire purchase through won't reply to the finance company and this is causing the delay. They contact them in July 2021 and still yet to send the files. The solicitors my finance company are using stated they couldn't do anything regarding the consent order that was going to be put in place and also which I paid £290 for,due everything still on going with the FOS..

Now I have 14 days to dispute or agree with the paper work.
the paper work shows £774 in arrears but this was due to holiday payments which they accepted i could take and that they would be added to the end of my agreement.

I'm unsure of where I stand now as I was expecting a consent order but now I've got court papers and faxub a CCJ

[Bmw 1]

The response pack is something that is missing fro. The Paper work?

[echat11]

The response pack is something that is missing fro. The Paper work?

Phone the Court, they should be able to send that to you.
You need to keep on top of this.

Just for clarification, what exactly have you received from the Court?

[Bmw 1]

Where do I stand that the FOS has been disputing this since July 2021? I've contact them and they have escalated the file now to senior staff members.

[Bmw 1]

I've received County Court forms
N9?