Money barn

[Kimmy36]

Can someone please help,i have had my agreement terminated by Moneybarn after family problems caused me to get into arrears.I am now in a position to pay my payments plus extra but they will not allow this.
They have said that a company called Anglia Uk Ltd will be in contact to reprocesses the car,of course i do not want this this to happen as i would like to keep the car and pay the debt off.
All they have given me (moneybarn that is) is a settlement figure to be paid within 7 days which of course i cant do.
Does anyone know if Anglia Uk Ltd will work with me and sort this or just reprocess the car.
Thanks in advance.

[R0b]

Re: Money barn

Once the agreement is terminated there is no going back unfortunately. It sounds like Anglia are just the debt collectors here acting on instructions from Moneybarn. If they have terminated they agreement the process will be that the car is sold, probably at auction and the proceeds of the sale will be offset against the amount outstanding so I am not quite sure why they are asking for a settlement figure before the car is sold.

Have you paid at least 1/3 of the amount under the agreement?
Have they actually written to you explaining that the agreement is now terminated or have they told you over the phone this is the case?

[Kimmy36]

Re: Money barn

Hi
No not paid 1/3 of agreement,i have had a letter stating termination of agreement which of course i rang them and they were so rude and wouldnt listen to anything.
I have now got a letter stating Anglia UK ltd will contact and its says IF they request car is returned.
The settlement figure they have sent it to pay in full by this Thurs.
Can i apply to the courts a time to pay N440?
Thanks

[R0b]

Re: Money barn

How much is owed and is the settlement figure the difference between what you have paid and the amount outstanding on the agreement?

I would review your terms and conditions because usually there is a clause to say that in the event of termination they will repossess the car and offset the proceeds against the balance remaining. If they fail to do that then you could have a counterclaim for unfair relationship and/or breach of terms albeit you will still likely owe them money but it could be reduced.

Your other option is to make a formal complaint in the way they are treating you as they are regulated by the FCA and you could go to the Ombudsman about the way they have gone about this and being rude and unhelpful which goes against the FCA rules. Court action is a last resort and when you are offering to make repayments and as long as they are reasonable then they shouldn't refuse just to add further costs to you.

If you go the Ombudsman route and they come to a decision which you are happy with e.g. a repayment plan, then you can accept it which will be binding on both parties meaning that they cannot go to court or you could seek an injunction to do stop them, unless you miss a payment as agreed.

I'm not familiar with time orders but I believe they only occur once someone has obtained a judgment against you, giving you further time to pay so I don't think it is applicable right now. I have tagged [MENTION=6]Amethyst[/MENTION] on this point as she might have more information on this.

[Kimmy36]

Re: Money barn

Thanks for your help

How do i go down the ombudsman route please.

[R0b]

Re: Money barn

Hi Kimmy, you will need to write to Moneybarn and tell them you would like to make a formal complaint. You believe that the way in which Moneybarn have acted is contrary to the FCA guidelines and Principles. You expect that any action is suspended whilst your complaint is being investigated. It should give you some breathing space for now at least.

If yu need help with the wording, have a go yourself and post it up on here and I will take a look.

[Kimmy36]

Re: Money barn

Thanks Rob
The repo men called this morning and i told them i have a settlement figure which is valid until tommorow,he was happy to leave the car today and took my mobile number and said it will save him keep coming back,,why i have no idea.
I have sent an email of complaint to there complaints email address but not had any responce as yet.
I realise im behind but now in a much better position to pay extra every month but they just wont re instate it and of course the settlement figure is more than the cars worth.Do you think i can still get a letter of complaint in and try to resolve it.

[R0b]

Re: Money barn

Your complaint might be valid in avoiding court and repaying in instalments but unfortunately when a contract is terminated, you cannot simply go back on that and carry on as normal. Your option at the moment is to avoid court and pay the amount in instalments offering them a reasonable amount based on your current financial situation. They have a duty to investigate your complaint and should be reasonable with you, if they ignore you and continue to go to court then you could have a defence on that point which could avoid a CCJ.

It would be ideal if you are able to post a copy of the terms and conditions from money barn so I can see exactly what they state. There is case law already I believe on hire purchase/conditional sale agreements which says that in the event of termination, the lender should offset the proceeds of the car's sale against the amount outstanding. They can't keep the car and expect full payment of the remaining balance too.

If they reject your complaint ask for a final decision letter so you can take it to the Ombudsman. Legal action is generally a last resort and the court may not take kindly to the way Moneybarn is acting if they don't try to resolve it out of court and bring a claim for the sake of it.

You could send the terms and conditions to Kati@legalbeagles.info and she can upload them if you like.

[Lordy76]

Re: Money barn

Hi my daughter has had same problem, but with Motonovo. Anglia uk turned up yesterday and took her car. We offered twice as parents to pay the arrears and he kept saying no I'm taking the car. She didn't even get a letter stating thus was going to happen. Today a letter turns up with the arrears in it giving us 15 working days to respond?? I have now emailed a complaint to anglia uk and Motonovo.
Having red somewhere else I didn't know that he needed a court order? And we just handed him the car :0(. The arrears of £300 is now 630!! Due to the agents added fees.

Yes my daughter should have been paying but she's only just told us of her financial problems.

[Kimmy36]

Re: Money barn

Hi my daughter has had same problem, but with Motonovo. Anglia uk turned up yesterday and took her car. We offered twice as parents to pay the arrears and he kept saying no I'm taking the car. She didn't even get a letter stating thus was going to happen. Today a letter turns up with the arrears in it giving us 15 working days to respond?? I have now emailed a complaint to anglia uk and Motonovo.
Having red somewhere else I didn't know that he needed a court order? And we just handed him the car :0(. The arrears of £300 is now 630!! Due to the agents added fees.

Yes my daughter should have been paying but she's only just told us of her financial problems.

Hi
I contacted The financial ombudsman who looked into it for me but by this time they had already taken the car as i had enough and purchased another.The car still has not been sold nearly two months on as they have been dealing with the financial ombudsman,The men from Anglo was really good allowed me 4 weeks to try and get this sorted with money barn.You could have asked for a early settlement figure which they would have given you 7 days to pay.I would contact them as you should have a termination of contract notice i did and once it got to that they said there was no going back,i was told if they have not sent one then they cannot sell the car and must allow you time to pay it and collect car.
Contact ombudsman asap they were very good an will give an unbaise answer to your problems.

[Lordy76]

Re: Money barn

Hi
I contacted The financial ombudsman who looked into it for me but by this time they had already taken the car as i had enough and purchased another.The car still has not been sold nearly two months on as they have been dealing with the financial ombudsman,The men from Anglo was really good allowed me 4 weeks to try and get this sorted with money barn.You could have asked for a early settlement figure which they would have given you 7 days to pay.I would contact them as you should have a termination of contract notice i did and once it got to that they said there was no going back,i was told if they have not sent one then they cannot sell the car and must allow you time to pay it and collect car.
Contact ombudsman asap they were very good an will give an unbaise answer to your problems.

No termination of contract has been sent out. We would like the car back and should have the right to pay arrears. Yout right thought waiting for email back from them and then we will contact ombudsman :0).