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Notice of hearing - moneybarn - CCA

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  • Notice of hearing - moneybarn - CCA

    Good morning,

    I think I’m in the right place, if not I apologise.

    I have a Conditional sale agreement I took out with Moneybarn in July 2016.


    For the first 2 years everything was fine, in January 2018 I had to move jobs, slightly less pay for the first 6 month (probationary period) but nothing that I would’ve deemed major as I had a small pot of savings to help in such situations.

    One of of the things I seriously underestimated was moving to a weekly pay period, (previously monthly) and admittedly this caught me way off guard in how to budget correctly and I got my self into a hole with a few of the monthly DD’s

    I managed to get the “important” ones back up to date and set up weekly DD’s/SO’s (rent - tax - utilities etc) I fell partially behind with money barn, - 2 -3 months (£320 - 440 ish) ((exc £60 LPF’s)) they sent a default notice and I contacted them explained my situation and quite surprisingly they where quite forward in helping, I did and Income and expenditure and on top of my usual contractual payment I was paying an extra 60 toward the arrears. (15 weekly) fantastic result. I couldn’t of been happier with the understanding and help I received from them to be fair.

    (March/April ish)

    I had asked MB if it was possible to switch the monthly contractual to a weekly payment (7 day rolling) by DD to aid in budgeting, they refused point blank stating they won’t do this (I still have this email) I thought okay I’ll do what I can I would’ve just preferred weekly as then it’s taken on time every time (pay day)


    However the rainbow stops there, and I admit it’s entirelt my fault. However I believe MB where being a little stand off-ish too.

    October 2018, the OH got made redundant (no payout) this was a blow to household income, she only worked about 18-20 hours weekly but it made life just that little bit more comfortable)

    i missed Oct - Nov (partial payment) - Dec payments,
    during this time we also had a cervical cancer scare over the Christmas it just seemed to be a lot happening f at once and I kinda focused on family and unfortunately let moneybarn slip.

    (They continued to take the 15 for a further 4 weeks after the OCT missed payment and then they stopped taking it)

    my little savings pot I had used at the beginning of the year wasn’t replenished quick enough but I can say that I am not behind with any of my other contracts, (bar one but that’s resolved)

    MB however, have proved a little more difficult and I’m finding myself in a hole and not sure where or what o need to do,

    ive always emailed companies so that I’ve got a “paper trail” so I can recover any of my communications with them, and visa versa it’s all documented. I asked for the DD to be set back up including the 15 weekly toward arrears. They approved this and went ahead,

    a couple weeks later I pulled my contract back out to find the schedule 27th each month, and made arrangements for it to be available, however my fault i had looked at the original contract and not remembered the date had moved to the 18th (dec) of the month and thus this failed to go through, but I was non the wiser with it being Xmas, until I received an email ( they’ve never rang always been automated emails) on the 21st/12 saying they’re making a final attempt to contact me. I did not read this until around the 29th of January and they’d then already sent another email saying they’d terminated the agreement.

    Now, don’t get me wrong I know exactly why this had happened a p*** poor performance on my end over Xmas and the fact that I’d re set up a DD to get back up to date and then immediately failed to make that “promise to pay”


    i sent sent an email off straight away my thinking was that it was pointless going down the explanation approach as they’d already terminated the agreement. So I basically asked for what happens next and please provide ALL options open to me. As id no idea what was going to happen,


    I sent that and checked everyday for ages hoping for an email back, I’d assumed they no longer wanted to communicate and court papers where on the way,

    i then checked emails again on the 9th I’d received one on the 7th explaining 4 options to me

    a consent order
    voluntary return of vehicle
    full payment of account
    court proceedings


    they attached an I&E form too.

    Inthought great I can still resolve this and get back on track.

    I had till the 14th to reply I replied the 10th with complete i&E form and they also wanted 2 months (8 weeks payslips) I explained I’d acquire these and send them off in the next few days.


    However ive has no reply and instead got a notice of hearing through the door this morning so I assume they’ve ignored my email?

    So so now I need help with what to do here, the pack is very vague

    it has a claim form attached (filled in by them)
    particulars of claim
    and a copy of the agreement.

    Nothing else i dont don’t have any information on how to reply or submit like a defence etc etc

    i wouldve hoped to of resolved solved it through the option they gave me but seeing as they’ve removed that with this court claim (well within their right I know) I now need to know what I need to do here.

    The claim is for 5933
    They claim a default notice was sent on the 5th of December which I don’t remember seeing but I do have one from when I originally defaulted the beginning of the year?
    ofnwhich the arrears is 800
    the paid up sum is 3700
    but they’re also claiming for the 5933 interest till its maturity (2021)

    how do I reply/acknowledge counter etc etc

    ive heard nothing from MB since I agreed to the trying to sort a consent order


    sorry for such a long post if I’ve missed anything you may think is important let me know


    Thanks,
    Star
    Tags: None

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