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Advantage Finance - Advice Required


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Hi all,

 

I've noticed that there are some real horror-show complaints about Advantage Finance on this forum, and I'm here to add to this in my own small way.

 

 

I would like to mention in advance that I believe some of this stuff to sound implausible, but there is written proof of everything I say here.

 

So, a quick summary of this would be:

 

1. I bought a car from a dealer, using Advantage for finance for £3000 of the £4000 price.

 

2. I made several payments on time by DD.

 

3. I notified them that there were several issues with the car;

a - the parking sensors have never been reliable, and this nearly caused a couple of incidents before I realized they were intermittent

b - the brakes make a clunking noise and squeal when applied - this wasn't apparent on the test-drive, but has been getting worse

c - the brakes also caused one of the tyres to be damaged, and this had to be replaced

d - the power steering pump clunks sporadically

 

4. I got reports on all of these faults from a local Kwik-Fit, and Advantage paid to have the brakes repaired.

This did not resolve the issue, however, as the issue persists, and this has also been the subject of another report by the same Kwik-Fit.

Advantage refused to pay for the replacement tyre.

 

5. Some arguments were had with Advantage staff about the car,

which I notified them that I wanted to return as faulty as I was within the 6 months,

I was unhappy with the number of faults.

They refused, and they spoke to me pretty badly.

 

 

I reminded them that they are a finance company and that I am their customer

- they shouldn't be treating everybody who owes them money as if they're some sort of criminal:

we're their customer and their sole revenue stream.

 

6. I sent another report to Advantage from the garage detailing faults 5 months in and they didn't respond.

I chased again, they still didn't respond.

They have since admitted that this is an accurate description of what happened:

I tried to get in contact, they didn't come back to me.

This will be important later.

 

7. I rearranged all my finances and now have all my direct debits paid out of one specific bank account.

I provided these details to Advantage in writing 3 weeks before the next payment was due.

 

 

They wrote back saying that they were declining to accept these details as they weren't provided in a way which they approved.

 

 

I said I thought providing them in writing was sufficient and that I wanted all future payments to be taken from the account I had specified.

At this point in time I was not in arrears and they had loads of time to arrange the direct debit.

 

 

I genuinely felt like they were treating me the way they were because of the previous arguments over my attempt to return the car as faulty;

it always felt like I was being drawn into an argument.

 

8. I received a call from Advantage

I was told again that they were not accepting the direct debit information.

 

 

said, and I quote:

"I sent the same details to providers of my car insurance, home insurance, car tax, and lots of other companies.

gave them to you in loads of time and if it's good enough for the DVLA then I don't see why it's not good enough for you.

now you're deliberately inconveniencing me and trying to justify it by quoting some technicality."

 

 

The agent tried to tell me off for swearing at her,

I said that in the context I used the word I wasn't swearing AT her, and she hung up.

 

 

I then received a letter from Advantage which demanded a written apology for my conduct and threatened me with police action for the virulent verbal abuse I had subjected their member of staff to. I ignored this threat, of course.

 

9. Advantage set up a direct debit with my bank, using the details I had provided to them.

This was confirmed by my bank, in writing:

they set up the direct debit,

they were fully capable of taking payment on the agreed payment date.

 

 

Advantage then sent me confirmation in writing that they had set up the direct debit, and would be taking payment.

 

10. I then received a Termination notice in the mail which said that since I had refused to make payment they had cancelled the agreement and would be going to court in order to repossess my car.

I called them and was told this was an administration error, that this letter should never have been sent out.

 

11. Advantage did not take payment on the agreed DD date.

I then found a note on my doormat from some collection 'agent' saying he'd been to collect the car, and I wasn't home.

This note demanded that I surrender the car.

 

12. I did not surrender the car, and I told Advantage I would be making a complaint through the FOS.

 

13. I complained to the FOS, citing:

a - Advantage's refusal to deal with the fact that the car was faulty when sold

b - Advantage's refusal to allow me to reject a car as faulty, despite my provision of several garage reports within six months of purchase

c - Advantage refusing to take payment, despite setting up the Direct Debit

d - Advantage lodging a default notice against me, and putting this on my credit file despite the fact I had never once refused to pay them,

and despite the fact that they had full access to the payment, having a direct debit established and then not taking the money,

and despite the fact that I can prove that there were funds in the account more than sufficient to cover the direct debit amount.

 

I provided all of this detail in writing to the FOS,

I was sure that my case was strong because I had shown good faith continued to make payments even when Advantage refused to uphold their obligations relating to the faults on the car and my rejection of said car,

 

 

proved that I had not only provided the details with time to spare but that Advantage had used them to set up a direct debit and then not taken payment.

How could I lose?

 

14. The FOS adjudicator somehow came to the conclusion that even though Advantage had complete access to the money and didn't take it, they were within their rights to cancel the agreement, and not only am I the one being "obstructive"

(she somehow thought that even though it was Advantage refusing to respond to me, which they admitted, it was all my fault for "refusing to engage with Advantage", see point #6),

but that I'm also liable for the entire balance of the agreement.

 

 

Advantage have done nothing wrong, apparently, and I'm the one in the wrong,

because I had an argument with one of Advantage's people on the phone a year ago.

She also described this as a "favourable" outcome for me, which actually made me burst out laughing.

 

15. My bank manager told me he's never seen anything like this,

and said that he's never seen before a case where the FOS have found in favor of a company who have outright refused to take payment,

even after sending me confirmation that they would be taking payment.

He was also the guy who provided me with the proof that the direct debit was set up with more than enough time to take payment on the agreed date.

 

16. I'm absolutely sure that a financial agreement includes two-way obligations, and that both parties need to be held to the same standards.

I'm agreeing to make payments, and they're agreeing to facilitate that.

 

 

I don't honestly see how Advantage can cancel an agreement in this way, for no good reason, and I'm still being held over the fire.

I'm not up on breach-of-contract law, but this seems to me to be a clear breach, and now I'm faced with either finding the money to repay in full, entering into another agreement with the company who have already screwed me over at even worse terms than before, or having my car taken away and being liable for any disparity between whatever price they sell it for and the balance on the agreement.

 

17. I'm amazed that I can put my finances in order, so that part of my salary is automatically transferred into a separate account meant for the purpose of paying my bills, and now I find myself with a huge debt and a default against my name.

 

Can anyone advise on what my next course of action might be?

Edited by Fireball01
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urm.. been musing this a few days.....

 

not sure where you are sourcing your info from..........

but you've no right to reject a product 'up to 6mts from purchase'.

 

you only have a right to do so within 30 days , if you informed the retailer.

 

latterly should they fail, then you can involve the finance company.

 

not really sure if the issues you indicate actually fall within being able to do so even if you met the time line.

 

not sitting right with me here.

 

sounds like you've gotten cold feet on the deal and ae phishing to get out of your responsibilities with paper thin excuses.

 

yes advantage are buggers

 

but trying to link issues with their strange reluctance to change the DD account

with, well I already had minor issues with the product anyway, is looking a bit thin to me.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I honestly don't care if you believe me. As I say, I have confirmation of everything I've said here, in writing. I didn't get cold feet, and I wasn't looking for a way out of anything. If anything, the fact that I provided the DD details and also proved to the FOS that the funds to pay were in the new account the whole time proves that fact.

 

Further, if you only seek to cast aspersions on the word of someone you don't know, and/or if you have nothing constructive to add, I'd thank you to say nothing.

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I think that's why 250 people viewed your thread and didn't respond

 

Unsubbed

 

Dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

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