Moneybarn

[mrsstrachan14]

Hi

Just looking for some advice...
I took finance out on a car in January, I have a managed account so my bank does my budgeting for me...when moneybarn tried to take the payment it hadn't been budgeted for so the direct debit returned unpaid (unknown to me) a month went by and they took the second payment no problem, myself and my husband were unaware still the first payment hadn't been paid. I had a little set of binoculars in the corner of my fone (rubbish with technology) and I asked my mate what is that cos it won't go away..it was voice mail! So when I was shown how to get my voice mail I listened to my mails...I had LOADS from moneybarn so I called them instantly and was greeted by the rudest person ever who was telling me I had never made any payments...I ended up hanging up! I called my bank and they explained the first payment had been unpaid and the DD returned unpaid but the second one was successful! I then called back and do oke to someone else who gave me my options of repossession?
I was getting no where with anyone I spoke to so decided to email to say I wouldn't have the money until the following week I then received a termination notice in the post which gave me 3 options
Option 1: pay the full balance
Option 2: pay outstanding arrears
Option 3: have moneybarn collect the car for repossession
Naturally I chose option 2, I called the number and was greeted by the most ignorant human ever, she talked over me the whole time and told me I could only pay my outstanding arrears if I had a good enough excuse???? We then argued and she told me I had no options available they would be taking the car...I hung up and called my husband! He is the most laid back person so I thought he could sort it...he called me back and was treated exactly the same way I was! This woman made a decision on behalf of the company to not allow me any choices but to come and repossess the car! Surely that's not legal...the letter clearly states I have the 3 choices?! Any help would be greatly appreciated
Thanks

[R0b]

Re: Moneybarn

Hello, few questions before I get into detail.

1. Do you have a copy of the finance agreement? If yes is it possible you could provide us with a copy? You could email Kati@legalbeagles.info and she can upload it if you send a photo of the terms.

2. If you could also send a coy of the termination notice you were sent too that would be good. I've tagged [MENTION=49370]Kati[/MENTION] for this.

3. Have you received letters about any notice of sums in arrears or a default notice letter?

First of all I need to point out if you accept repossession the agreement is terminated and you will owe the full amount of the agreement less the proceeds of the sale of the car. I would suggest this is not a good route to take at all and strongly advise against it.

Depending on what this termination notice letter says and whether you've received a default notice will differ in my advice.

If you haven't received any notice of sums in arrears or a default notice then they cannot terminate the agreement. If they do terminate then it will be wrongful termination and you could claim damages against them for repossession of the vehicle and wrongfully terminating the agreement. I've tagged [MENTION=55034]nemesis45[/MENTION] and [MENTION=6]Amethyst[/MENTION] for reference as they have a better understanding of default notices than me.

Ideally you should keep everything in writing as anything said orally is difficult to prove and since your experience over the phone hasn't been great then letter or email will be sufficient if they have an email address you can use.

In terms of your options I would suggest keeping everything in writing stating you are making a formal complaint. There are certain rules that lenders must abide by under the financial conduct authority and these can also be pointed out to them. You should also state that you are willing to pay but unfortunately the advisors over the telephone said you had no options despite offering to pay the outstanding amount.

In addition to the above, if they decide to repossess the vehicle then as I've pointed out above they will have likely terminated the agreement in breach of the terms and conditions as well as the consumer credit act and you will have a claim against them.

I am sure once you have written to them and pointed out the problems and that by repossessing they are in breach of the agreement and their statutory duties, they will probably back down - if they don't then that would be very foolish of them.

Of course that is assuming you haven't received a default notice letter because you've not said that initially so it would be helpful if we are able to see the documents. We will then be able to give better advice on your rights and obligations

[nemesis45]

Re: Moneybarn

I Echo R0bs excellent advice on this !! It would greatly assist if we can see any/all documentation you have,

nem