Barclays Partner Finance and DWF

[gavmoulds]

In short I am in arrears with my car finance. Over thirds but slightly under half. Total arrears £900. Have tried making several offers of payment which have been rejected outright. Mainly have suffered with employment but have tried to make full payments.

 

They have passed my debt to a company called DWF who have flatly refused all offers of payment and want it resolved over three months and nothing else. My father has offered to help me with some payments and they have refused that stating that they will only accept payments that I can afford.  They have demanded that the only offer they will accept is a total of £700 per month to clear the arrears. 

 

I have tried lodging formal complaints but as usual they just keep saying that they are never upheld and always fall in their favour.

 

Barclays have now terminated my agreement stating that they intend to reposess the car. ( i already know they cant do that).

 

I did take some brief advice from FOS but they wont act until the complaints have been dealt with.

 

Ive just accepted a job 17 miles away to try and get my arrears cleared and get my Finances sorted out. I am going to have to decline that offer now.

 

What the hell do I do. 

[Sparxeh]

If you have definitely paid over a third, the car is now 'protected goods' under the Consumer Credit Act 1974.

 

Don't decline that job offer. Barclays' need a ROG (return of goods order) before they can recover the car from you - they takes MONTHS to get through the court.

 

You should just tell them you have a new (hopefully secure) job, if you have any spare money now from you/dad put it to one side to pay the arrears. As from what you say it sounds like they are refusing payment? (very odd) Then when you start your new job, offer DWF/Barclays what is affordable each month.

If it comes to the ROG and you are summoned, you could also look into applying for a Time Order (read below) setting out what you can pay.

 

https://www.nationaldebtline.org/EW/factsheets/Pages/time-order-hp/hire-purchase-and-conditional-sale.aspx

Edited March 18, 2019 by Sparxeh

[gavmoulds]

I appreciate your reply but the 'goods' are not protected as the agreement has been terminated and as such the protection does not apply.

 

But thanks for your addvice re the time order.

 

Should I start that now or wait until the court are involved.

[Sparxeh]

The agreement being 'terminated' doesn't mean you lose your protected goods rights - what makes you think that?

 

That simply means the account has now been registered as 'defaulted' and will be a big fat red marker on your credit file. It doesn't mean you don't have protected rights to the vehicle.

 

You can apply for a time order before or during a court order action, personally I would wait to see if Barclays initiate a court order first (ROG) then put your application in if needed for a time order - if you're comfortably able to demonstrate you can pay, and do pay or you're just going to incur more costs for yourself otherwise.

[gavmoulds]

Hi All,

 

Prob been asked a million times but My search is too wide ranging.

 

BPF Terminated my agreement. I am in the position where they will need a return of goods order which I think will be requested by DWF.

 

1. will I be notified of the ROG.

2. Can I defend it.

 

I cannot get alternative Finance and I really need to get to work. No public transport avaialble.

Edited April 28, 2019 by gavmoulds
spelling

[dx100uk]

threads merged please keep to one topic pers issue.

 

the claimant would be BPF

but they will still have to abide by the pre action protocol.

so what letters have you had indicating their intensions since march 18th

have you started the time order to head them off at the pass?

 

dx

 

[gavmoulds]

No paperwork at all. And I don't even know about a time order.

 

[dx100uk]