MONEY BARN claimform - shortfall follow accident

[francis44]

Had a car on finance with money barn

 

the car was involved in an accident and the insurance company wrote the car off

 

the finance company said the settlement was 12,813.66

the insurance company offered 11365 leaving 1448 pound owing

 

i told the finance company i didn't have the difference to settle the agreement

but they went ahead and accepted the insurance companies offer

and released any security over the car..

 

money barn are now demanding 4512.48 via a claimform under breach of the agreement

and requesting full interest up to the 19th march 2018 when the agreement should end

 

my question is can they do this or am i able to fight it??

[dx100uk]

can you fill this out please

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

[francis44]

Name of the Claimant ? MONEY BARN

 

Date of issue – 17.06.2016

 

What is the claim for – the reason they have issued the claim?

 

1.Breach of a consumer credit act 1974 regulated agreement

2.The clamiant entered into a conditional sale agreement regulated by the consumer credit act 1974

which the defendant numbered xxxx on early 2014 for the conditional sale of a car

 

3.The date of maturity of agreement is march 2018

 

4.The vehicle was declared a total loss by defendants insurance

the clamant received an insurance payout from defendants insurer

however in breach of clause 3.6 agreement this was not received within one month of the date of the total loss

5.the claimant served a default notice which was not remedied

therefore the clamiant terminated the agreement.

6.Total rental payable 24k plus charges

Total sum paid 20k

Insurance proceeds 11.5 k

Total sum out standing is 4000 including extra charges full details which have been supplied to the defendant

 

7.The clamiant claims The sum 4000

Interest pursuant to the agreement at the rate of 26.9% form march 2018

to the date of maturity of the agreement until full payment

 

What is the value of the claim? 4500

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? No

 

When did you enter into the original agreement before or after 2007? AFTER 2014

 

Has the claim been issued by the original creditor or was the account assigned

and it is the Debt purchaser who has issued the claim. ORIGINAL CREDITOR

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? NOT APPLICABLE

 

Did you receive a Default Notice from the original creditor? YES issued 14.10.15

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NO

 

Why did you cease payments september 15

 

What was the date of your last payment? 1.9.15

 

The insurance co gave a cheque on 11.11.15

I have a copy of the original agreement

[dx100uk]

should quite easy to defend then

as the fact that the time limit for the 'payout' didn't reach 'them'

is outside of your control.

 

that's the way I read it anyway.

nothing about shortfall there

 

no harm in sending them

a CCA request

and

a CPR 31:14

 

can you scan up your agreement please to ONE multipage pdf

follow the upload

[francis44]

copies of agreement

attachment print.pdf

[dx100uk]

as far as you say in post 1

it was moneybarn that forced this situation not you.

by accepting the offer.

[francis44]

so how should i defend it?

[dx100uk]

you have ack'd [aos] the claim haven't you? on MCOL>?

[francis44]

yes

[dx100uk]

ok well you've got until 4pm on the 19th to file a defence

p'haps andyorch or one of the more knowledgeable ones might pass by and post

 

 

as far as I can see, if the payment from the insurance co to moneybarn was outside 1mth

and the bottomline is it was others that caused this issue & accepted a smaller sum too without trying to get the full sum

they its not your fault

why should you be getting a claimform.

 

 

if they blindly accepted the first offer without consulting you that's very unfair.

 

 

if ive read all that correctly.