Hi RCT,

Wow, I have just found your thread.

My story and continuing gripe with Advantage is similar in some ways, so we may be able tp help each other.

I have a car through Advantage. I had one previous and they were fantastic when it broke down. However my circumstances now rise from when I got another car.

Firstly the car was financed through a dealer, who said his "sister firm" were going to finance the car on their behalf. Great, no probs there (since found out the 2 businesses were not related) . But when I tried after 2 days to cancel as the car was a shed, I was told no, as it was signed on trade premises. I paid the car, only to find at an MOT all the work needed to be done, were only bodged to last a few months.

Cut a long story short, I stopped paying after also receiving Default Notices off Advantage. They said I was £498 in arrears over the space of 2 months, to which It was paid up to date, they offered no defence to the fact it was an up to date account, but also never said where the outstanding amount had come from.

Along with the existing problems with the car, I stopped paying in Sept 10. Funny enough I have now found out that due to the Doorstep Sellers Regulations that my agreement is unenforcable due to the fact it was NOT signed on the dealers premises, hence I should have been able to cancel within 5 days.

Advantage, will not give up, and would like to prepare you for a bumpy ride.

Firstly the Default Notice you received, can be issued after just one missed payment if they dont think you will bring the account up to date, Trading Standards confirmed it to me, however, as the car was repossessed before it was issued, I believe that makes your agreement unenforcable.

I can however make it easier for you.

Check your agreement where it mentions broker commissions and see if there is an amount entered.

ACF, are classed as a broker, and will be paid a commission by Advantage, and this has to be disclosed to you by law.

If the broker fee section is blank or has 0.00 in then it is unenforcable full stop. Approach a solicitor just on that matter, the rest will fall into place. And will save you grief of mountains of evidence to collect.

If there is no section for Brokers fee, that also deems the agreement unenforcable.

If there is one and the amount is disclosed, and you say you were issued the DN after the car was took, then Advantage are cornered.

The reason they are trying so hard, is they realise they have no defence to their own stupidity.

I am dealing with a guy called Darren Young. The poor guy does not know commercial law, as I have offered to settle my account in THEIR favour and they refused. Oh Dear.

They called my work again today asking a member of staff to get me to call them, even though my payment is still not due till tomorrow.

Hi.

I am having trouble with Advantage Finance and need some advice please.

I have a car finance agreement, all paid up to date, but had to cancel my DD as my pay in work has been either late or not paid, as a result of the trouble my works finances are in.

I told Advantage about this, and I am resigned to the charges they put on, but although my due date is middle of the month, they are phoning my mobile and my work regularly, and this is before the due date is anywhere near.

My argument with them, is that they should not even have to contact me at all until such time as the account falls into arrears.

I had 3 calls to work, 4 mobile calls, and a letter asking me to contact them importantly regarding my account.

I also think they are charging me for the phone calls made.

It is getting on my nerves now, and looks bad in work to as they constantly call, even though I have stressed before they should not contact me there.

Anyone know where I stand regarding complaining i.e. Best course of action.

Many Thanks

Thanks guys, yes it was Stephensons.

I really want these idiots to see it is me dishing out the dirt.

I am looking into options now regarding talking to a national newspaper, as this paper run a financial section with good and bad regarding companies.

I will prepare what I need and put it up quite soon.

What I can share is that most people have the same issues as I had, and believe me they have ended up out of pocket on my case.

When the details are up, please anyone feel free to pm me or email my private address to which I will make up a separate hotmail address for.

Keep watching

Earlier in the thread I spoke about taking legal action against The Funding Corporation.

This action has now been taken and I would like to know how much information I can give regarding the outcome.

TFC are very worried on how much I give out, as they have tried to keep me quiet, but I want to tell all.

ADMIN. Is there any chance I can scan court docs, barristers statements up etc with my data on? is this allowed?

I want TFC to know who is posting this information, as I want to hurt them like they have hurt so many others in the past. I want to have my full name on view, but is this against the site rules?

As I said TFC have no valid gagging order on me, although they have tried for one, and my Solicitor is going to be also making public the result to whom they please.

I have no qualms about posting up what I have or any of my personal details, and would not hold the site liable for any comeback on me, although I do not want to cause trouble for the site itself.

Thanks.

Alittle update.

I signed the STAT DEC a few weeks ago, heard nothing since, but was told it will be written off. Hopefully thats the end of it.

Hi Guys, an update.

Forfar Sheriffs Court have the paperwork.

The fine is for an old car I owned, sold to a garage as scrap.

They sold the car on without changing details, and the new owner never changed his either.

They were the days when you gave the logbook to the garage, retaining the scrapping slip they gave you back.

The fine was issued 2 and a half years after I got rid.

I sold it in Nov 2001( blown engine), the fine was for Feb 2004.

Sheriffs court said I sign the Stat Dec in front of the Judge and that should be it, they will probably write it off.

Just one more thing, the Warrant officer trying to collect the money, stated in his own words, that Courts in Scotland do not deal with STAT DECS, as the law is different, yet the actual warrant office say they can, and say they will be in touch for me to make a stat dec in fron of a judge here in Scotland.

I spoke to Forfar Sherriffs Court last week, who said they would not get involved, as it is nothing to do with them.

I will keep you posted.

When the fine was supposedly put through the Courts I was still living i England, but not the address the Courts sent a summons to, as I had moved quite a while before.

I only moved to Scotland last year.

How this came about, is that while the missus was getting ready to relocate up here with me, the Warrant Enforcement officer called at the house and left a phone number. I called him, he said the fine was from feb 2004, and I explained I knew nothing of it, and I had moved from the address on his documents before the Judgement was issued, and I never had any trouble with DVLA.

He said I had to make a STAT DEC, to a court, and when he knew I was in Scotland, he told me to write to Wirral Magistrates, which I did.

I heard nothing for 2 months then got a phone call saying he was calling back at my property to collect it.

When I told him I had sent a STAT DEC by letter like he suggested, he checked with his office and said he will pass the info on to Forfar Sherriffs office for me to make a STAT DEC there.

They are not making it easy lol, I mean, I have done all they ask (apart from admit it and pay), yet they still seem hell bent on pushing it.

They said they cannot deal with it, so will pass the files on.

I read somewhere that a CCJ can be enforced and do not become statute barred, but it said Courts will not look favourable on the Warrant office if these amounts are not recovered before time elapsing.

What puzzles me is, this fine is for DVLA, and they have always known where I was, so why the Warrant Officer has taken till now to start trying to collect this money is puzzling.

The wirral warrant office said if I do not hear from Forfar Sherriffs office by next Tuesday I should phone back. I think they are trying to Validate the debt by trying to get me to admit to it. I am baffled.

Thanks for the advice Buzby it is appreciated.

Just a quick update, I cannot find any sight anywhere either on my credit file, or the Registry.

I still have not admitted the offence and owing the money, as it is definately not to do with me.

The warrant office say they will forward the Court documents from February 2004 to the Sherriff Office in Forfar, but in their own words, they are hard to read as they are poor copies.

They say I should make a stat dec to say the offence was not myself.

If I make a stat dec and they still decide to pursue for the money, any ideas what to do?

Do I then go the statute barred route?

Thanks in advance.

Cheers Buzby, I will do that and let you know. Thanks again

Thanks Buzby.

DVLA I have not spoke to as the warrant office reckon no records are there now, but a ccj is held.

On my credit file, as far as creditexpert says, there is no entries apart from a CCJ from 4 yrs ago I paid off straight away for finance.

As there is no CCJ Registered, do you think it is worth asking for a copy of their Judgement? or just keep denying it as they have no proof, and I had moved so have a good defence.

Hi Thanks for the reply guys.

I honestly do not know what it is I am supposed to have witheld, even the Warrant Office do not have the full details as it is that old, they have just said I need to pay for witholding information to DVLA.

This was passed as judgement 9 months after I moved, and I have never had any contact about this before march.

I have not admitted it, as I know it has nothing t do with me, but it is over 6 years since the judgement was passed, can it be statute barred?

I have spoke to the Warrant Office and told them I moved in 2003, not 2004 when this went through court, and I did not admit to owing it (as I dont). Cheers for any help.

Sorry just to add, one thing the warrant office said, is that it was possible I had witnessed something, along that line, they dont have full details

Can anyone advise on what I can do please.

Had a court enforcement officer call me regarding a Fine that got Judgement in February 2004.

The fine was for apparently witholding Information from DVLA. The fine was £75 and £45 court fees totalling £120.

It was issued for an offence, at an address that I lived in, but moved 9 months before the offence.

I have made a STAT DEC by letter like I was instructed to do, that the incident had nothing to do with me, however they are still chasing a debt I know nothing about, but obviously exists.

Can a Judgement for a fine be statute Barred? and as it is nothing to do with me, and probably someone who lived at the address after, can anything be done although there is a Judgement in place.

Many Thanks

I hope I have posted in the right forum, sorry if iv'e posted in the wrong place.

Now, please can anyone give a bit of advice, it will be appreciated.

I have a car finance deal with Advantage Finance. When I bought the car, I was offered certain insurance policies.

One policy I was offered was what is called a Motorprotectplus policy, underwritten through the AA.

At the time I was discussing this policy, it was explained that the Policy would cover getting the car through its MOT, and was explained that it stops me having to pay hefty bills.

While discussing the policy, I asked a few questions, one of which was "so if I put the car through it's MOT and it fails on a few hundred quids worth of work, it will be paid no questions asked". The reply was "Yes that sums it up".

The car went in for it's MOT, it failed on about £200 worth of work.

I paid it in cash (good Friday and the Insurers were not open) and contacted them and faxed the bill to them on the Tuesday.

They said the parts were not covered so they will not pay.

I asked why and they rattled a load of stuff off, that unless it actually breaks as you go into the MOT station, they dont cover it.

Advantage so far have refused to look into this, so I have written and the time to reply runs out next wednesday.

Can anyone let me know if I have a case of the Mis sold Insurance.

Advantage maintain they keep a log of the calls, and on the calls they will hear the conversation to which I remember quite clearly.

The phonecall will prove The insurance is not what was explained.

Thanks

No I understand that, what I mean is, when you miss the payment, and they charge you, Advantage apply the charge to the account as so it has to be paid straight away, then that makes it look like you are more than a month behind.

I have had that argument with them a thousand times, I am not saying there practices are right and you should have been legally more than a month behind, all i am saying is they will use charges as being overdue on an account, and the minute you go past your due date, and get the charge, they are already implying you are behind on the month you have just started.

Anyways I am not giving advice on what you should do, just letting you know the experience I have had, and thought some may be relevant somewhere. Good Luck

Trust me I feel like just giving mine back. They sold me MOT Insurance, that turns out to be useless even though they said it pays the whole MOT Bill to get the car through, ends up there is hardly anything you can claim on lol.

When your payments were late, they charged you, and when you paid just the monthly amounts, they will have had you in arrears as the charges were not paid. So in January they effectively tried to have you 2 months in arrears

Nish40...yes, been there!!

 

Fact is though, they are not allowed by law to charge for issuing a Default Notice - which they did - and not only did they do that, but they also included it in the arrears on the DN.

 

I have a statement of my account and the arrears they state on the DN is definitely not correct based on the above.

Thats true, but maybe an SAR will tell you wether they used that charge against you, not the DN charges but the ones for missed and late payments.

I have been in and out of Hospital, and not getting much wages.

I have kept paying the account so far, but sometimes its late.

They do not help much, and demand full payment which is proving harder each time. One cheeky person there said its my own fault for not taking PPI, but the condition was pre existing so PPI would not have paid up.

Due to pay again soon, should be fun

Adding again to make it clearer cos im a bit crap at writing advice but, Advantage once charged me £25 for making a late payment, I paid by direct Bank TFR and they wrote a week later saying I was in arrears by £25

Cold Up North. I do not want you thinking I am being funny, but I am reading your thread with interest as I also have an account with Advantage that is running a bit wobbly, but up to date at present.

In your very first entry on page one you mention paying about £250 a month, yet on the DN and arrears figure you have stated on page 3 you mention being behind by £317.47.

That if accurate is more than a month in January.

All I am saying is get the correct advice off the great peeps on here about it as it might affect things I dont know.

Sorry read a bit more, and just to add, Advantage add their Charges on the oustanding amount and want it paid with the due monthly money, so although the charge is there added to the £250, they may use this to put you over the month shall we say, they have with me before.

Only just read this thread so good luck.

I have posted before earlier in the thread, the agreement is the same as mine and although im in england and the laws are different, i feel it is delaying tactics they are using to avoid the inevitable.

I am in court in less than 2 weeks with them, the first of a few appearances.

TFC have decided to counterclaim against me, although they too with mine know they are stuffed.

My amount disputed is huge in comparison to pinkys, but one thing is the same, and that is, they will do everything to defend without even thinking of the consequences.

They are stubborn, and live in their own little ideal world, they filed their defence late in court, and begged to be given time, then filed a counter claim without informing my solicitors.

No matter how much bile they spout, and try to drag the case on, dont let them win you, good luck.

Lastly, my agreement is EXACTLY the same as yours, so dont worry.

Just Let You know Guys my first court date is in 6 weeks. Wont say the date for obvious reasons but will let you know what happens.

It wont be over after this but will give a good idea of what may happen