Vehicle headache

[Guest]

Re: Vehicle on finance from Moneybarn

I take it that this is a HP/conditional sale agreement ?
He really needs to get the car back in his possession. If he were to stop payment the account would be defaulted and he would owe everything remaining to be paid including all interest and charges not yet due.

The car is still the property of the credit company in any case and your son is just the keeper, I would encourage him to have a hard word with his ex and tell her that she either returns it or he will have to report it as stolen. Once returned we can examine the best way of minimizing his losses,

[Tools]

Re: Vehicle headache

Found your Autumn thread and merged them for you

[seduraed]

Re: Vehicle headache

As you are the legal keeper, My advice is as follows. wait until the V5C turns up then go to the dealer and get a new key. Then ask how much to have a new lock fitted or even he existing ones reprogrammmed. Your excannot accuse you of theft as exxectively the vehicle is yours and you cannot steal from yourself.

[Xpatterdale]

Re: Vehicle on finance from Moneybarn

Thanks for your input and re-connecting with the original enquiry from September.
It is a conditional sale agreement.
She, rather than he is the registered keeper.
Therefore we understand it cannot be reported stolen.


DVLA will not issue him a V5, despite full explanations they returned the fee.

Despite being told the car actually belongs to Moneybarn until it is paid for she will not accept the car is not hers.

She will not return the keys or hand over the car. She is beyond reasoning with and can be physical dangerous as I know to my cost.The police have been involved in issues involving retrieval of his other possessions and it has been necessary to change phone numbers twice since August 2013 - nightmare!

[Xpatterdale]

Re: Vehicle headache

The problem is that he has the finance, but she is "The Keeper".
This situation arose because, (depending on what you believe)
a) She wanted to buy the car, but could not get finance.
he agreed to the finance, but the details relating to "the keeper" were not changed in error, or because she said that was a requirement for her to use the car for her work as a carer.

[Xpatterdale]

Re: Vehicle headache

Thanks for the merging St. Bernard:doggieyes:

[Guest]

Re: Vehicle on finance from Moneybarn

Thanks for your input and re-connecting with the original enquiry from September.
It is a conditional sale agreement.
She, rather than he is the registered keeper.
Therefore we understand it cannot be reported stolen.


DVLA will not issue him a V5, despite full explanations they returned the fee.

Despite being told the car actually belongs to Moneybarn until it is paid for she will not accept the car is not hers.

She will not return the keys or hand over the car. She is beyond reasoning with and can be physical dangerous as I know to my cost.The police have been involved in issues involving retrieval of his other possessions and it has been necessary to change phone numbers twice since August 2013 - nightmare!

No the title to the car belongs to the finance company, it does not matter who is the registered keeper the finance company own the car and they say who is entitled to keep the vehicle. Has there been any contact with the police in this matter. Have you contacted the finance company, perhaps a letter form them explaining the situation re legal entitlements under the agreement would be in order.

[seduraed]

Re: Vehicle headache

If this is an HP agreement then simply VT the car . the finance company will collect . rather drastic as it could rruin your credit rating .

[Xpatterdale]

Re: Vehicle headache

exactly, we are trying protect an already poor rating, and their crippling charges for non payments would make the situation even worse, that's why I'm trying to find out if we can make them terminate the agreement under 8.1 of the agreement (for non-compliance)

[Xpatterdale]

Re: Vehicle on finance from Moneybarn

We know that the finance company (Moneybarn) own the car until the last payment is made. They know the situation, but are failing to take any action (as they are still being paid). The police were involved very early on and say that we would have to take her to court, but this would be expensive and cause a great deal of aggro for us given her known behaviours.

[Guest]

Re: Vehicle headache

exactly, we are trying protect an already poor rating, and their crippling charges for non payments would make the situation even worse, that's why I'm trying to find out if we can make them terminate the agreement under 8.1 of the agreement (for non-compliance)

The answer is no you cannot, or at least you can but you will be liable for all repayments due under it. This is a credit grement in your sons name, to that extent the status of the car is irrelevant.

I still do not quite understand what is going on with the police, if she is driving the car without the owners consent it is a criminal act and they must act, is it that you are hesitant to report it as a theft ?

Indecently voluntary terminations under section 99 do not damage your credit rating, they are generally recorded, but not as a default and unless you are considering taking out another HP agreement in the a future are not generally regarded as a contra indicator.

Have you paid 50% of the total credit price ?

[Guest]

Re: Vehicle headache

The answer is no you cannot, or at least you can but you will be liable for all repayments due under it. This is a credit grement in your sons name, to that extent the status of the car is irrelevant.

I still do not quite understand what is going on with the police, if she is driving the car without the owners consent it is a criminal act and they must act, is it that you are hesitant to report it as a theft ?

Indecently voluntary terminations under section 99 do not damage your credit rating, they are generally recorded, but not as a default and unless you are considering taking out another HP agreement in the a future are not generally regarded as a contra indicator.

Have you paid 50% of the total credit price ?

Sorry just read the old part of the thread it was not merged when I looked earlier, I see that there was "consent" I presume tnis is why the police will not act.

If you are considering trying to VT the vehicle you will still need to have access to it, and if the agreement was in arrears as you say, all these will still be due plus any missed payments.

I would suggest the small claims court in this case, perhaps a well worded letter before action giving 14 days to return the property action for appropriate damages may focus her mind on the subject.

[Xpatterdale]

Re: Vehicle headache

Hi there, a quick update. After much faffing about Moneybarn have the said vehicle. Yesterday a letter arrived confirming this and saying they will advise of any refund (I don't think so!) or Balance due, when the account is completed. Anything we should be looking out for? I have heard they may try and put all kind of unjustified and possibly illegal extras on. Thanks everyone, we gained enough confidence to deal with this.:beagle:

[Xpatterdale]

Re: Vehicle headache

Update that may help someones else out.
Eventually got a copy of the Terms and Conditions, Saw there was a breach as my son was not in possession and control of the vehicle (Moneybarn knew that in August 2013)
As conditions were breached they had the right to re-possess. A request was made to them to exercise that right. It took some time, but eventually they managed to get the vehicle off the estranged wife in March. Today finally a letter has arrived saying the account has completed, send £3367.14. No details, no breakdown just make contact in 7 days. Obviously we shall be asking for a full breakdown... and see what happens, we expected rather less of a bill than this

[Xpatterdale]

Re: Vehicle on finance from Moneybarn

My son has finally received a breakdown of what Moneybarn want for clearing the debt.l
Initially they just sent a letter saying pay us £3367.14, so obvious a written breakdown was requested.

Although he never actually requested closure via the half rule, that is what they have gone with.
Actually he requested they re possess because of breach of contract. My son was not in possession of the car because his estranged wife had it and refused to hand it over, they knew that months before the request was actually made. If he had known that was a possibility re-possession would have been instigated much much sooner and there would not be additional fees of £800 (loss of value) ok all cars depreciate, but perhaps it would have been a bit less . She drives poorly and there are damage restoration, admin and storage fees of £773.28. Some of the damage she wouldn't have had time to make on the car if they had advised him to go for repo immediately after the split
. In spite she refused to hand over the MOT and Log book so that racked up another £35.

Did Moneybarn fail to act in his best interest? Could there have been a better outcome? Any words of wisdom would be appreciated.
He has been saving up to pay the bill off and we had estimated £2k so there is quite a shortfall to make up.