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Moneybarn took my car

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  • Erin81
    started a topic Moneybarn took my car

    Moneybarn took my car

    Hi Iím really hoping someone can help me
    we had a little 2011 fiesta from Moneybarn purchased in 2017
    total costs including interest £14578 so we struggled through lockdown and left the car sitting absolutely no one contacted us. We then decided to try and pay it off as we didnít want it affecting the credit score so got a time to pay order and we started paying
    the last 5 months have been hard and we now had £3000 left to pay managed to pay £500 for two months leaving £1900 outstanding. I explained we were struggling paying the £500 a
    month and could we have longer but this wasnít to be they didnít reply and wouldnít answer emails. So to date we have paid £12578 for a old fiesta worth 5000, the car has disappeared we think Moneybarn have taken it. We have had no one contact us about repossession no emails no phone calls no letters the worst thing is my bag etc was in the car along with ID cards.
    can anyone help or tell me if we have a leg to stand on with regards to this situation thanks
    Tags: None

  • R0b
    replied
    Here is the order. Unfortunately it is a Scottish order and I am not familiar with the language they use but here's a couple of initial thoughts from what I can make out.

    - the order says "Certified that no intention to defend has been lodged" sounds something similar to English proceedings where the court has sent a notice saying that a claim has been issued and you are required to serve an acknowledge stating your intentions of defending or admitting the claim. That wording suggests there has been no notice to the court intending to defend the claim.

    - As a result of there being no intention to defend, the court has granted Moneybarn's wish and order the OP to deliver up the vehicle or allow Moneybarn to recover the vehicle.

    Erin81, can you explain this as something doesn't add up. Did you receive any kind of court notice of legal proceedings regarding Moneybarn, or did they ask you to sign anything that resembled a legal document or anything like that? Based on what you have described you appear not to be aware of this yet clearly the order is suggesting the court has made you aware of the claim but the claim was never responded to.

    If you're absolutely adamant that no court document has been signed agreeing to hand over the car or anything like that then it leaves limited other explanations like the court has sent the notice to the wrong address or Moneybarn has made a without notice application (contrary to what this order suggests) or they have used the wrong address to avoid having to make you aware of this.

    As it stands, you have no leg to stand on other than going to court to somehow set this order aside and try to get the car back.
    Attached Files

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  • atticus
    replied
    No order, then?

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  • Erin81
    replied
    Sorry about that

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  • atticus
    replied
    Can someone delete the OP's cv please.

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  • Erin81
    replied
    Actually forget that I have just sent my Cv sorry Iím rubbish at this

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  • Erin81
    replied
    Iíve managed upload what they emailed although says my Cv it isnít
    Last edited by ULA; 26th September 2022, 18:22:PM. Reason: CV removed

    Leave a comment:


  • R0b
    replied
    All we need to see really at this stage is the contents after it says "IT IS ORDERED THAT" and then the paragraphs staing what the court has ordered.

    Do you remember signing anything like a consent order that looks similar to this court order at any time around 2020/2021? IF you didn't sign anything then MB would have had to apply to the court and normally you would get notice of the application, unless they made a without notice application but that is not the norm and there should be exceptional reasons for doing this.

    Let's see what the order says first and work from there. Something still doesn't add up and if you haven't already then you really should make that subject access request.

    Leave a comment:


  • Erin81
    replied
    Hi

    again thanks for the reply really appreciated

    so after fighting with them they have sent me what seems to be a court order but it doesnít even make sense also the date on it is the 12 Jan2021 they told me it was ordered in 2020 which is strange can I give you a code would you be able to see it and I can copy and paste it just doesnít tell me much
    Thank you

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  • R0b
    replied
    I would suggest you keep the pressure on this. If they obtained a court order then they most definitely should have it on file and secondly, you can't speak to the court without a claim number so they should also have that on file too. If they're suggesting they don't have either of these despite having gone to court for a court order, that should ring alarm bells.

    Moneybarn are a sub-prime lender and my experience of them are that they like to play dirty and don't always follow the rule book, more of an act first think later type of company that no doubt gets them into trouble from time to time when the odd debtor decides to stand up and take action.

    Leave a comment:


  • Erin81
    replied
    Hi

    thanks for your help, yeh I was pretty angry and annoyed but I have calmed now and I will definitely ask for the paperwork etc to be sent to me they did mention that we should have the paperwork but I havenít seen it and they keep saying I have to get it from the court and they might not have it available so I will get it eventually sounds very dodgy as to why they would say that surely they would have this on file I will let you know the outcome of this

    thanks again

    Leave a comment:


  • R0b
    replied
    Well, at least you have the clarification you need. The question now for you is, what is your end goal?

    Personally, you would be wasting your time trying to tell the Ombudsman that they wrongfully sent you details of another customer. The Financial Ombudsman is not the regulator for data breaches as that is the Information Commissioner's Office. Also, if they did send you an email about the mistake and you didn't read it or failed to respond, then I think it's fair to say you could be equally responsible for failing to act. I do think its petty and not worth the hassle but if that's what you want to tell the Ombudsman, which is your choice but don't expect to get much out of it.

    You said that MB have a time order but earlier posts are suggesting you don't have a copy of that time order which is strange. A time order is a court order allowing you further time to repay the instalments and would have normally required a court hearing to determine how the balance is repaid, how long and how much etc. You should have been given a copy of the time order by the court and also notice of any court application, unless MB made an application without giving you notice, in which case that's potentially fatal on their part.

    As I said before, they cannot repossess the vehicle if you have paid 1/3 of the order without a repossession order from the court. It's possible there might be some wording in the time order that allows this but again, it seems you were not given notice of that at all.

    I would suggest you make a subject access request against MB for all information and records they hold about you, copies of letters and other correspondence they claim to have sent out and make it specifically clear you are seeking a copy of the time order from the court which you have been told was obtained by MB.

    I've already given you one solution to this problem which is to bring a claim against MB if they are found to be in breach of the Consumer Credit Act. You may also go via the Ombudsman but my experience is that they are pretty much useless in terms of making awards, and if your lucky, you might get a couple of hundred quid compensation which is probably not the result you want even if you ask the Ombudsman to write off the debt.

    Leave a comment:


  • Erin81
    replied
    Hi

    Moneybarn collected the car and admitted this that they did it without any correspondence whatsoever nothing they said we should have gotten a letter or email but we did not Hence the reason we thought it was stolen
    They had a time order since 2020 and told us because we fell behind again they had every right to take the car I explained that times were bad ect and I couldnít afford the £528 pm to pay it off as they wouldnít give me any more time I had to have it all cleared for the 1st of October 2022, they told me it probably will go to auction and that will hopefully clear the balance, the outstanding is actually £2k and we have paid 12789 to date ( makes me sick )
    I explained that it was pretty poor to do this to someone considering we have paid it nearly all off Ö when I complained about their incompetent work with regards to sending me and email with someone elseís financial details and personal details they told me to delete the email straight away but I feel I can use
    to explain their incompetence when I go to the ombudsman that may sound petty but what they have done and how they have acted just shows they are the worst lot to deal with .. donít know where to go from here or even if the ombudsman will take notice but these people need brought to an end

    Leave a comment:


  • atticus
    replied
    Are you sure that the vehicle has been taken by Moneybarn and not stolen?

    Leave a comment:


  • Erin81
    replied
    Hi thank you very much for your reply

    I am going to call them this morning and I have written email asking for the court order

    can you tell me if a court order should have been shown to me or do I have a right to see this ? Although I did see a time to pay order but not sure if this is the same thing

    as for the car it sat for about 1/2 years unpaid with no correspondence until after lockdown and thatís when we decided maby we should pay this off and keep it, after that they sent us paperwork to fill out and I was left with payments I managed them but then ended up behind myself as it was too much and the car was constantly needing fixed which meant the car payments were falling behind. I keep thinking that a court order is something that is sent to you but not sure if I ever seen it fair enough if they actually sent it looking back on my emails they have also sent me someoneís full details ie a letter with the gentlemanís address and his figures and money breakdown etc but also noticed an email only last night telling me to delete it straight away which I didnít obv but sent it back to them asking them why they are so incompetent absolute rouges I shall get onto them and the police this morning. All that money paid for nothing

    Leave a comment:

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