Hi Again everyone, I've been preparing for the application for a time order - going to do that today and will also send the letter to the Compliance officer at Moneybarn as above. I am trying to cover all angles here so that I can give myself some breathing space over the weekend to get the payment sorted (although I am reluctant to pay over almost £1000 if they just take the car anyway) So onto the Time Order - I have pulled up the form - N1 Claim form - I have completed my name and MB details - its asks for amount - does this amount have to be the total borrowed/total owed/ or outstanding ''payments'' at the time of claim? I have written a summary of events and stated the amounts that have been charged as late payments and the previous 'repo' fee which haven't helped to get me into the position I am in - and that claim for fees etc will be the next part of the fight I am sure. Sorry to be such a pain again - just following instruction here to make sure I don't mess anything up and hoping for the best WW

Hi, thanks for that - would this apply in my case. The car is under a Conditional sale Agreement and not a Hire Purchase Agreement - I haven't paid 1/3 of the amount owing (even if it was on HP) - I should have paid to date £3708.70 - I have actually paid them so far £3809.62 (which includes the late charges and the prev repo fee). They currently are stating I am almost £800 in arrears (2 months plus charges) So if I can prove that the charges - late payments and repo fee are not lawful and can't be levied then I would be £100.92 in credit - I am sure they will not accept this to be the case. If I can get this wiped then I can and will afford the payments moving forward its just that every time they add another £25 on I go further and further down the slippery slope! Thanks again everyone WW

Thanks for that, I did feel as though my claim or dispute would not be with CP however the more immediate issue is with MB - so what would you suggest that I do in respect of making contact with them to try to get this account reinstated. As previously stated it would help if the charges were removed as the arrears situation would be minimal (of course another payment is due 1st - which I can pay). Can you advise on this please (if possible) I appreciate I have taken up so much of your time already Thanks WW

I have replied to your email address - thanks

Thanks Ell-enn, When its not on my drive way its on another drive way so hopefully they wouldn't try to take it if they aren't allowed. I will bring the outstanding payments up to date however if the charges they have previously levied are not lawful then at this point in time I have overpaid by around £100 and next payment would be due on 1st November. What I need to establish is (and I know I will have a battle on my hands should I speak/write to MB) is whether they will accept my claim to have these charges removed from my account thus putting my account into 'credit' I would of course love to get them removed as it would help me hugely at this moment but have to be realistic I suppose. I'll await any help and advice you can all give before I make contact with MB. Thank you WW

Hi Ellen, It is parked on a driveway but hasn't been at home the 2 times they have called so I think I have been quite lucky so far as I am sure they would have taken it. WW

Ok thank you Should I be doing anything today in respect of MB - making contact? as in by email of course. Thanks again everyone WW

Hi dx100uk - yes that's fine - if you would like to email me and if you require any other docs I am happy to send to you theoldrouge - the 9 pages from Credit Plus were Hire Purchase Loan details & Payments Customers Needs - Income Protection Insurance Insurance Policy Declaration Customer needs - GAP/RTI insurance SECCI Vehicle Sourcing Agreement Key facts - about our insurance services Treating customers fairly and the first page which was Customer Document pack I had to sign all those that required a signature and initial all others and scan and email back to CP I have seen on the Hire Purchase Loan Details & Payments where it states 'The Lenders Pre-Contract document', however the 9 pages from CP were emailed at the same time as the MB paperwork which I assumed this related to. I was asked to sign all docs which were marked with a X and initial all other pages - I did this and emailed back on 13.11.12 Documents received on 12 Nov were the 1st I had received from either CP or MB. When I called to the Car showroom to collect the car it was closing time - I had travelled up by train and the garage sent a driver to pick me up at the station to make it quicker - I signed for the car - was handed a receipt for my payment (paid £220 on site having paid £200 over the phone to secure the car) also given part of the log book for me to send off and I was sent on my way Hope this helps - any more info required please ask - need to get this resolved Thanks you all - this has been so helpful WW hope this helps. Any idea where I go from here - obviously I am going to have to approach MB tomorrow to try to stop the Repo men knocking on my door again - I don't want to however say/write something that isn't correct because I have misunderstood or which may get me into further trouble. many thanks WW

Hi, I have been back through all my emails - lots of comings and goings between me and a guy at Credit plus when he was sending me cars over to consider. The 1st email I have with any documents attached was 12.11.12 and I printed, scanned and returned via email on 13.11.12. I assumed that the email of the 12.11.12 which included 9 pages of CP docs and 5 of MB was all the info so I would have signed saying yes I received those on 12th. Few emails after that re DVLA mandate etc as I couldn't find my DL Nothing from Moneybarn themselves until an email saying welcome dated 20.11.12 which came via email and by post. I have searched emails as this was the only method of communication apart from a phone call here and there from CP Rep. Hope this helps. thanks WW

I have from MB - Helping to explain your proposed finance agreement - but that came at the same time as the docs for signing. I have from Credit Plus Key facts Treating Custs fairly Vehicle Sourcing service Agreement SECCI Cust Needs - GAP/RTI Insurance Cust Needs - Income Protection Is this what you are referring to? Can't find anything else - all was done via email. Thanks WW

Looking right now - would this be from Credit Plus or Moneybarn?

Thanks for the reply - My feeling is that I keep the car away from the house for a few days at least until the end of the month and then pay what they 'say' is owing - however I am reluctant to pay what I really shouldn't but feel as though I may be backed into a corner here. If the repo guys turn up again today I will speak to them if I have to - but what am I actually telling them ? Your paperwork - the DN is invalid so the termination is invalid - I wonder how much of the Law these guys actually know anyway - looked a bit intimidating and probably would just try to bully me. I feel I will need to put an email together today to send to MB and tell them when/what I will be paying - do you think that would be the correct thing to do and should I also then bring up the potential flaws in procedure or do we think that will just cause even more issue for me as they really do get quite nasty? Thanks again everyone

Thanks Renegadeimp, I'm sorry I feel a bit of a nuisance here

Thanks I will - but how do I deal with MB when they open tomorrow as I am sure that the visits will continue.

I have just been looking at all the payments I have made - bearing in mind the instalment is £370.87 and payments started on 1st January 2013 - I should have paid a total of £3708.70 Looking at my receipts (so all including the charges levied) I have paid them £3809.62