Money barn calling police- please help

[skyblue2]

Hey guys, I'm really hoping someone can help give me some sound advice on Moneybarn.

 

I took out a 3-year conditional purchase agreement with Moneybarn in Oct 2013.

I pay £410 per month, and to date I've paid just shy of £9000 on a car that cost £9,400.

The total amount to repay Moneybarn is around £14,000,

and I am almost 2/3 rds of the way through the contract.

 

Last summer, I broke my neck and explained to Moneybarn that because I'm self-employed my payments would be late until I recovered.

I managed to get the money together for the three month's missed payments and I offered to pay the arrears, plus all charges (reasonable or otherwise),

but Moneybarn insisted on issuing a consent order to allow me to keep the vehicle.

 

Reluctantly I agreed,

but instead of issuing a consent order,

Moneybarn obtained a CCJ against me without my knowledge

(I was living abroad and they were aware of this).

 

 

When I found out, I sent them a strong legal letter, and managed to persuade them to have the CCJ set aside and replaced with the consent order.

 

in early 2015 I found myself in possession of the vehicle under a consent order that allowed Moneybarn to repossess the car should I miss any further payments.

However, I fell into work problems in May, and this time missed two payments.

 

 

To cut a long story short, Moneybarn would not allow me to catch up on the arrears and insisted on repossessing the vehicle instead.

 

 

It's now been 4 months since the first missed payment, and they eventually said I could keep it if I paid recovery charges

- but no recovery has been made!

 

 

When I refused to pay this, they said if I didn't hand over the vehicle this week they will call the police because it's their property and it's stolen.

 

I do have a brain between my ears and have done extensive research myself,

which leads me to confidently conclude they can't do this,

but my question really is would I be able to apply for a time order and argue the repossession charge,

given that the vehicle is subject to a consent order initiated by the creditor?

 

Having paid off the actual price of the vehicle and with only 1/3rd of my contract outstanding,

it's heartbreaking to have to hand over the car now

- especially after all I've been through with Moneybarn.

 

Any sound advice or experience in this area would be much appreciated and thanks for reading

Edited September 1, 2015 by honeybee13
Pejorative word removed

[andydd]

They sound like idiots, calling the police, Im sure the police would give them short shrift when they explained the details.

 

Where do they get recovery charges from too ?

 

Hopefully another member can deal with the legalities as its not my area.

[skyblue2]

Thanks for the swift response. They can't justify the recovery charges other than to say the file was 'handed over to recoveries'. No recovery attempts have been made and nothing has been recovered. They just like to make it as difficult as possible for customers to pay the arrears and bring their account back in to order.

[theoldrouge]

what did the consent order that you signed say?

 

we have had this before with moneybarn http://www.consumeractiongroup.co.uk/forum/showthread.php?408654-Moneybarn-car-repossesion/page3&highlight=moneybarn

 

 

[skyblue2]

The consent order was drafted last November and said that unless I fulfilled it's conditions (payment of arrears and monthly payments of £410), I must return the vehicle by December 20th 2014. I paid the arrears and had kept up with payments until late this spring.

[dx100uk]

repo charge - they can go swivel.

 

 

I'd get a time order running

 

 

should have done that rather than the consent order ideally.

 

 

dx

[theoldrouge]

personally I would tread very carefully here

 

by breaching the consent order (which is the equivalent of an order of the court) moneybarn had the right to repo as soon as the first payment was missed

 

they may well have appointed recovery agents and incurred costs, if they engaged the company before you made good any arrears

then a court may well find in their favour

[skyblue2]

Thanks- but can I still get a time order now that the agreement is subject to a consent order- which has been breached?

[obiter dictum]

That will be up to a judge to decide at a cost of £155.00 i believe

[dx100uk]

I hope you can...

 

 

legal is not 100% my bag.

 

 

dx

[theoldrouge]

tbh, in view of fee payable, I would suggest that in order to keep the car

for now pay the charge and get the consent order up to date

Can be argued via formal complaint and fos later

 

Courts in my experience do not look favourably at breached consent orders

[Andyorch]

Thanks- but can I still get a time order now that the agreement is subject to a consent order- which has been breached?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?382658-Time-Orders

 

Regards

 

Andy

[ReasonableRon]

FOS wont be any help. They won't get involved in a matter that's already been to court as it falls outside of their jurisdiction.