I think that the email you are thinking of sending back is very good, if you want to send it I would say that it need only be altered a little to remove the bit that says "pass it to the legal dept" and substitute it for the resolution you require.

 

I would think you do need to reply to their letter just in case they are stupid enough to take it further, just to show how reasonable you are

Wannabe,

Thanks for the comments, I've replied to the email and also the letter - also realised that the default notice I received was not signed, another blunder from Advantage?

I love it!! They know exactly what they have done and are fuming that YOU know what they have done

I do think that it might be an idea to amend your letter offering what you consider to be an amicable resolution rather than to leave it open ended. You need to strategically think ahead now, it's important you do everything by the book and appear to be unfalteringly reasonable. If it ever gets anywhere near a courtroom you want to be able to show how professional and reasonable you have been and how disgraceful they have been!

Don't let them draw you into a tit for tat argument, stay fair and reasonable at all times and let them dig themselves into a hole 8-)

Wannabe

Just to be sure are you suggesting that I respond to this letter or let the extra fouteen days elapse, I guess if I reply the only extra I would have to add is that I have a receipt of respossion.

Thanks

I've just checked my mail and have also received an email from Advantage...

---

Dear Mr

I have written to you on Friday since you hung up the phone on me and we could not discuss the account and in particular the point you mentioned in your letter which stated that I had told you I would write to you. I had not said this to you and and felt that it was necessary to make our position absolutely clear with you and the most efficient way of doing this is by a discussion between both parties.

You evidently had no intention of discussion and wish to proceed with litigation. I can see no benefit to either party in going down the unnecessarily, expensive route of legal action when the matter can at least attempt to be resolved with full co-operation of both parties. I can assure you that we as a company would prefer to come to an amicable solution and offer you the opportunity to resolve this matter with our full co-operation.

In the meantime please refer to my letter of Friday 15th October and as is states I will hold the account for fourteen days for you to decide what you want to do. You must understand that after this time I cannot hold this in my department and it will be transferred to our Legal Department.

Regards

Pamela Sizer

Head of Repossessions, Advantage Finance Ltd

---

I'm thinkning of email this back...

---

Dear Mrs Sizer,

You should note that the call was hung up for two reasons which are...

1. It wasn't a conversation it was more you boomed down the telephone whilst I was supposed to listen to you whilst not being able to get a word in edge ways!
   
2. I insisted that you put all communications in writing, but it appears that you feel you can ignore me whilst I must listen to you!
   

To be clear its a little late in the day to try and impress upon me that you've not repossessed the vehicle when Simon Douglas had already put in writing to me on the 29th September that the vehicle was to be repossessed immediately. I also have in my possession a receipt of 'repossession' issued to me by the company you commissioned to collect it on the night of 29th September along with his mobile number should I need further clarification.

It also occurs to me Mrs Sizer if my vehicle has not been repossessed can you explan why I'm actually having exchanges with the 'head of repossessions', should I not be talking to perhaps Simon Douglas the head of Collections? If we were to take your version of events into account the vehicle was still repossessed as your organisation is clearly in possession of said vehicle! Perhaps you can point out the facts of law that allow you to take a vehicle into safe keeping, it isn't in your agreement.

I also have a recording of you offering to put in writing that the vehicle was not repossessed, it was merely in storage - this proves beyond all doubt that YOU put those words into your own mouth - I'm not in the habit of lying Mrs Sizer as there is nothing to be gained from it! You also issued an invalid default notice due to only the one payment being missed, you can chase for payment but you cannot serve a valid default notice until a second payment is missed which it hasn't and the agreement has since ended.

Your absolutely correct, I wanted the vehicle collected but Simon made it very clear that due to the CCA 1974 the vehicle could not be collected until a default notice was served and 14 clear days allowed to pass before collection could actually take place - eventually I reluctantly agreed to holding the vehicle in the proper manner until this has occurred [of course you will have heard that on the recording you have]. As mentioned earlier I also have a receipt of repossession provided by Malcolm from the repossession company in exchange for the ignition key on the night the vehicle was collected from a private drive, therefore the vehicle had not been abandoned and was taxed and insured up to that time.

I beleive that your amicable settlement is that I make payment and receive back the car that you clearly repossessed breaking the terms of the agreement, with this in mind I do not wish a further 14 day extension, I would like you to pass all information to your legal department without further delay.

---

Be grateful for comments...

Thanks for that advice wannabe, found a message on the home voice mail from Pam pretty much saying that she didn't offer written confirmation of them 'looking' after the vehicle for now and would return after the missing payment, I am apparently putting word into her mouth, then once again in the same breath verbally offering return of the vehicle for payment of the one missing payment. She also on the message suggests that they have a recording of me telling them that I was going to abandon the vehicle, at that they collected it abondon at the side of the road. The odd thing in that statement though is that it was parked on a driven off my parents drive [private property] with myself and my wife present, it was 10pm and my parents also witnessed it being handed over and driven away so I know she is a liar. [incidentally do I HAVE to be notified if calls are recorded] - I even have a receipt from the guy that repossessed it along with his mobile number should I have any queries. This company is an absolute gem, their professionalism bears no boundaries. I think she'll say anything in the hope she'll rattle me and I'll comply.

I've now received a letter from Advantage refuting my allegations, is there an easy way for me to share this letter rather than having to key them in by hand?

Ha ha that really tickled me!! Raving lunatic lol!

Sounds like you've made them very cross by knowing your rights! I 'd have to agree and say that everything needs to be kept in writing just in case you need it at a later date, phone calls aren't worth the paper they're written on. If they call you again I would send them the telephone harassment letter from the cag library, if you've requested they don't call you then they have to abide by that end of.

 

In my opinion I think you've been very amicable considering

Thanks for that advice wannabe, found a message on the home voice mail from Pam pretty much saying that she didn't offer written confirmation of them 'looking' after the vehicle for now and would return after the missing payment, I am apparently putting word into her mouth, then once again in the same breath verbally offering return of the vehicle for payment of the one missing payment. She also on the message suggests that they have a recording of me telling them that I was going to abandon the vehicle, at that they collected it abondon at the side of the road. The odd thing in that statement though is that it was parked on a driven off my parents drive [private property] with myself and my wife present, it was 10pm and my parents also witnessed it being handed over and driven away so I know she is a liar. [incidentally do I HAVE to be notified if calls are recorded] - I even have a receipt from the guy that repossessed it along with his mobile number should I have any queries. This company is an absolute gem, their professionalism bears no boundaries. I think she'll say anything in the hope she'll rattle me and I'll comply.

Best to keep things in writing in case you need it at a later stage. Also get their complaints proc + consider getting trading standards involved.

Hi sequenci,

Do you think I should write again and reminder Mrs Sizer that everything should be done in writing, or just leave it with the letter than Wannabe help me with and let them respond to that?

Ha ha! Now that's what you call timing! and yes I do think you are worrying unnecessarily

Hi Wannabe,

Advantage have their letter, and I've had a very annoyed Pam Cider (opps Sizer) because I got her name wrong. :madgrin:Anyway to cut the story short I hung up before she could say much more because she was like a raving lunatic. I've since received a text message from her saying that if I would like to resolve this amicably I need to call her - I'm not sure whether I should call her back, write again reminding the that everything needs to be in writing or just ignore her sit back and wait for a written response. I would once again value your thoughts.

thanks

rct40

Wannabe, thanks for the letter and support it was sent recorded delivery today so I'll keep the thread updated with progress.

sequenci, I was actually one my parents drive - but I gave them the key (was glad to see the back of it tbh ), so I'm not sure that I can get them one that - but that said the repossesions department called me and asked for the key because they think it was lifted at the side of the road, pretty much sums up the company to me

Sorry for the delay, I will get back to you shortly I promise!!

Hiya wannabe, do you have any idea when you'll have time to get back to me? I'm getting concerned that I need to get something to them before expiry of the dn (or do you think I'm worrying unnecessarily?)

Thanks

Sorry for the delay, I will get back to you shortly I promise!!

Ok ta - the default notice is up on 17th.

That's great, leave it with me over the weekend and I'll see what I can come up with

Thanks!

I don't suppose there are any basic letters in the library for this, I'll have a go at something over the next couple of days.

Hi wannabe,

Here's a stab at a letter any thoughts?

Dear Mr Douglas

Agreement Number:

I acknowledge your letter and enclosed default notice of 29th September 2010.

The default notice was issued on the day that the vehicle was repossessed contrary to the Consumer Credit Act 1974, section xxx which clearly states...

>

I believe therefore that your default notice to be unenforceable, as...

You repossessed a car with out first serving a default notice.

You served a default notice after repossession.

You served a default notice after only one missed payment.

You go on to say in your letter...

"As this is a Hire Purchase Agreement we will look to recover our vehicle immediately.". I have examined the 'regulated' agreement between ourselves in conjunction with the Consumer Credit Act 1974 and have yet to find a clause/section that even vaughly suggests that you can do this - perhaps you would be so good as to enlighten me as to which part of the act allows you to take such action?

Should you still wish to attempt to enforce this default notice I will be more than happy to attend my local County Court building and state my reasons why the default notice is not able to be enforced. although at this point I will also look to recoup all monies paid to you under the agreement along with an reasonable expenses incurred whilst doing so.

As per my initial request, I do not wish to discuss this matter by telephone, rather I agree that this matter has now become. Very serious and as such request that all communications are made in writing only.

Yours Sincerely

I would think a rather strong worded letter should do the trick Something along the lines of "I know what you did and if you don't buggar off quietly I will make a massive fuss and you won't like that"!

I don't suppose there are any basic letters in the library for this, I'll have a go at something over the next couple of days.

Sounds like they have realised they have severely screwed up and are trying to wriggle their way out of it!!

Ok the issues as I see it are:

 

• They repossessed the car without serving a default notice
  
• They served a default notice after repossession
  
• They served a default with only 1 missed payment
  

They don't get to repossess your car and then serve a default and then give it back if you pay!!! LUDICROUS!!

 

At no point should you "become liable for the short fall in the agreement" because they are in breach of the CCA 1974 on several counts and so in my opinion they are entitled to FA! On the contrary, it is you that is entitled to the return of all monies paid

 

I suppose that what happens next is entirely down to what outcome you would like??

I would be quite happy if they would just go away. They've got the car, they can keep what I've paid to now as long as they go away. On the other hand if they want to be a pain in the ass they I'd push for my money back.

What do you suggest I do next?

Thanks

Hi all, does anyone have any information for me - the default notice expires on 17th October and I'm not sure what my response to this should be...

Grateful for any comments provided!

Letter received from Advantage finance along with the Notice of Default dated 29th September 2010 - which is also the same day as the vehicle was collected....

Failure to read this letter may result in legal proceedings

Enclosed is a Notice of Default, which we intend to enforce unless you clear the arrears within 14 days of receipt or alternatively contact us immediately with your proposals for repayment.

As this is a Hire Purchase Agreement we will look to recover our vehicle immediately. Should you chose to continue to ignore us we intend to obtain a County Court Judgement against you.

Should you fail to make payments to us under the Judgement we will apply for enforcement. There are various means open to us, including applying for an Attachement of Earnings whereby payments are deducted from your salary or wage by your employers.

We are sure that you would agree that the situation has now become very serious. To avoid the above action, please telephone this office immediately.

...

A further update...

I've this morning received a call from a Pam Cider of Advantage Finance Repossesions department saying that they have the vehicle in safe keeping and want me to make an arrangement to clear the arrears (one payment) so that they can return the vehicle to me and I continue with the agreement. This is of course contradictory to the information that I provided above about the letter and the default notice - and also of course the Repossession receipt provided when the car was lifted. She continued to say that it will be held in safe keeping until the period of the default notice has expired (17th October) after which time the vehicle will be sold and I will become liable for the short fall in the agreement. She is apparently putting all of this in writing.

I'm now very confused about my next move - can they do this? Does the letter and default notice (which mentions nothing about safe keeping - only repossesion) not stand any longer?

Help!

To update properly...

Yesterday I received a letter from Adantage Finance stated that as I have missed a payment and it was a Hire Purchase Agreement they required immediate return of the vehicle (which has been collected). The letter also contained a default notice which stated that I have until the 17 October to pay the arrears or the contract will be terminated vehicle collected and I will owe something in the region of 6k.

I'm a little confused now because the letter appears to contradict the default notice. I was under the impression that I had to miss at least two payments before a default notice could be generated - my understanding being correct does this mean that I can take some action against them - or perhaps I just need to write to them, I don't know - can anyone suggest how I should proceed this, I've no legal background and wouldn't want to do something off my own back that plays into their hands.

I'm happy to post or PM the letter and default notice if it is required.

Thanks.

Hi,

I've just received a retrospective default notice in the post, not sure what I need to do next - any ideas?

That's pretty much how I saw it, thanks for confirming it. I'll keep this thread updated should I hear anything.

I didn't realise that transferring the v5 would cause them so many problems - brilliant!

I'm glad that I managed to make life slightly difficult for them lol. Your right the car was going through tewkesbury auctions today - I learned that from the repo guy.

I was due to make a payment on Monday just gone (27th), but cancelled it and told them I was unhappy - up until 4pm yesterday there was no way they were collecting vehicle until I had missed two payments and been served default notice etc - the suddenly a complete change of plan and the car was to be collected immediately. So in answer to your question I'm technically one payment behind but haven't been contacted about this at all.

Just to update on the situation,

after a frank exchange of views with the finance company on the telephone yesterday afternoon

shortly after posting my thread, I received a telephone call from a repossession company on behalf of Advantage

wanting to collect the car immediately.

They were so determined to get the car they drove from London to South Wales and collected the car at 10pm last night

- minus the registration document and MOT - I would only provide the key.

At this point I'm now wondering whether I'll hear anymore from Advantage

- the first payment was missed on Monday just gone (27th September),

other than our telephone conversation there has been no letter from them,

default notice or anything

- does anyone have an insight into what they could possibly do from here?

Maybe there is something that I should do (I've already returned the paperwork to the DVLA transferring it back to Advantage)?