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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Dear sirs, I have a problem with moneybarn re a conditional

Customer Question

Dear sirs, I have a problem with moneybarn re a conditional sale agreement: i wenet into arrears with them by 2 months and on 11th february i tried to re set up the direct debit. they said that the default notice they issued expired on 1st march and that they had not re set up the direct debit as requested therefore they are now terminating the account at 6pm tonight when i was willing to make a payment of £510.00, which is one payment plus extra to pay some of the arrears. this would not have paid all the arrears and sum of £800 approx would still require to be paid, however i cant afford to pay all that just now. Also following this they offered me three options on termination 1, to sell car to a dealership, 2, pay half and return, or 3 they lift the car and i get £1500 charges plus the car is sols at auction and i have to pay any remaining not recovered. I was then told i cant do option 1 as cant be done once the deal is terminated Is there anything i can do about this in order to keep the car.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.How much are the monthly charges please?Alex
Customer: replied 1 year ago.
The monthly charges are £429.51
Expert:  Ash replied 1 year ago.
When was the default notice sent? Have you seen it?Alex
Customer: replied 1 year ago.
The default notice was sent around the beginning of February and is dated appropriate for 1 calendar month and set to expire on the 1st of March 2016, they sent a copy in the post.
Expert:  Ash replied 1 year ago.
Does the agreement say how many months you have to be in arrears for a default notice to be sent?
Customer: replied 1 year ago.
no it does not
Expert:  Ash replied 1 year ago.
Have they said why they have refused payment please?
Customer: replied 1 year ago.
They have not refused payment as far as I'm aware however when I offered the sum of £510 yesterday at 5.40 they said that they were going to terminate the agreement at 6pm on the basis that I could not satisfy all the arrears in the default notice
Expert:  Ash replied 1 year ago.
Have you made the payment for Feb?
Customer: replied 1 year ago.
Payment was made for February on the 11th Feb along with an additional £50 that I could afford from my wages that month, I also made them aware at that time that I'm due a tax rebate which would more than adequately cover the arrears in due course which will not be earlier than the 11th May (I gave them proof of this).
Expert:  Ash replied 1 year ago.
Have you paid 11th March as normal?
Customer: replied 1 year ago.
I have held back on paying the 11th March until I have clarity on my position as they said they were going to terminate the agreement even if I paid then.
Expert:  Ash replied 1 year ago.
So if you pay March how much will you be behind?
Customer: replied 1 year ago.
It would be approximately £860 as I was intending to give them £510 in total for March
Expert:  Ash replied 1 year ago.
Ok. So that would be less than a months payment, once you take the usual payment off?
Customer: replied 1 year ago.
If I pay £510 that would be the March payment plus and additional sum of £80.49. So yes it would be less than a monthly payment extra
Expert:  Ash replied 1 year ago.
Does your agreement say it's regulated by the consumer credit act?
Customer: replied 1 year ago.
Yes it does, see attached
Expert:  Ash replied 1 year ago.
Ok, well in my view they have unreasonably terminated the agreement. Usually they can send a default notice between 3 and 6 months and they must give you 14 days.However they can't get anything back without a Court order. So I would pay what you currently can but make sure its current monthly instalment and try and clear the actual arrears.But as its a regulated agreement they must get a Court order. You can show a Judge how unreasonable they have been and oppose any order.Plus I would also complain to the Financial Ombudsman about how they have behaved - its appalling.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
In your 1st paragraph can you explain what you mean about giving 14 days, from when ?
Expert:  Ash replied 1 year ago.
when they issue a default notice they must give you a minimum of 14 days to rectify.
Expert:  Ash replied 1 year ago.
Does that clarify? Alex
Customer: replied 1 year ago.
Yes that does clarify, and as the default was issued at the beginning of February they issued with either 2 payments being missed Or they included February as well due to the fact payment was normally the 5 th of the month.
Customer: replied 1 year ago.
I have just been on the phone to Moneybarn, and they have stated that they will not reinstate the agreement and if I want to keep the car I have to go through what they call is a time plan which will be raised through the court. They also say they have the right to uplift the car without a court order as I have not paid up one third of the cost of the vehicle yet. And in order to go through a time plan they require proof I was unemployed and they want to go through an income and expenditure with me by the 21st or they will uplift the car. I have raised the compliant with them however they say the will respond to that within 4 weeks
Expert:  Ash replied 1 year ago.
Ah I see. In that case then yes you will need to apply to the court for a Time Order. This is what is says on the tin, it gives you time.I think its wholly unreasonable that they will not allow you to pay this off over time. But make the application to Court and show a Judge you can make payments.This will really stuff them up.
Expert:  Ash replied 1 year ago.
I still think you should go through the Ombudsman once you get their final response back. By saying it takes 4 weeks just shows they want to drag it out.Can I clarify anything else for you?
Customer: replied 1 year ago.
I suppose the only clarity I now require is that you mean raise it in court before they do? Without having to provide them the information to say I was unemployed and giving them my income and expenditure details all off which I would supply to the court instead
Expert:  Ash replied 1 year ago.
Thats correct, strike now before they do.
Expert:  Ash replied 1 year ago.
Does that help?
Customer: replied 1 year ago.
That's a great help, I just need to look into how I do that as I have never raised an action in court before
Expert:  Ash replied 1 year ago.
You need to make an application using a specific form. Ask the county court they can send you one out.
Expert:  Ash replied 1 year ago.
Does that clairfy? Alex
Customer: replied 1 year ago.
As I'm in Scotland would that still be correct ? And would it come under summary applications
Expert:  Ash replied 1 year ago.
The process if the same and the Court should give you the form. There is going to be one for this procedure, so you need to get that.
Expert:  Ash replied 1 year ago.
Can I clarify anything else for you? Alex
Customer: replied 1 year ago.
I think the only clarity I need now is it the Scottish sheriff court it would come under as the JP court in Scotland is the one that replaced district courts in Scotland, however serves a role of dealing with the less serious summary crimes I.e careless driving etc
Expert:  Ash replied 1 year ago.
It would be the Civil Court not criminal Court.But the process is the same in Scotland as it is in England/Wales. Time Orders still apply.
Expert:  Ash replied 1 year ago.
Does that clarify?Alex
Customer: replied 1 year ago.
Yes. Thanks
Expert:  Ash replied 1 year ago.
Great, good luck
Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer before you leave today.If you don't rate then the site does not pay me for the time I have spent answering your question.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
I have another question in relation to this, what do you feel is the best way to put my claim in words?
Expert:  Ash replied 1 year ago.
That you would need to address to a Scots specific lawyer. But you just need to complete a form from the County Court for a Time Order. Alex
Customer: replied 1 year ago.
Hi Alex, I have one last question in regards ***** ***** time order, is it Possible to have the original terms of agreement reinstated through a time order?
Expert:  Ash replied 1 year ago.
A ‘time order’ is a way of asking the court to give you more time to pay a loan agreement if you have fallen behind with the payments. It can change:the amount you have to pay each month;how long the loan will last; andin some cases, it is also possible to change the interest rate.

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