advantage finance

[confuseddotcom]

Hello

 

could someone please help with the following?

 

took out car finace 8 months ago with the above company, missed last two paments, got a phone call saying if I did not pay up I would have my car taken back.

 

A couple of points

 

They sent the default to my old address

 

They do not have the original agreement, just a copy

 

I have offered to the arrears at the end of the month

 

Can anyone help?

 

Cheers

[setmefree]

CAR REPOSSESSION

 

Taking out a hire purchase agreement means that the goods you have in your possession are in principle, hired until the payment for the goods have been settled at which time you will be classed as the owner of the goods.

If you fail to keep up repayments, it is possible that you will be facing repossession of those goods.

A lender can take legal action against you for the arrears you owe but they cannot enter your premises to repossess these goods without your consent, they must first apply to the court for a repossession order.

Before a creditor can take any further action, you must be served with a default notice. Once the default notice has been served, the lender can then apply to the court for a repossession order.

If you have paid less than one third of the value you borrowed the lender can repossess your goods without a court order. They cannot however enter your premises to repossess these goods without your consent. If you don't give your consent and a default notice has been served, the lender will then apply to the court for a repossession order.

If you wish to continue with payments but need some extra time, once you have received the default notice you can apply for a Time order form N440 to give you time to get funds together to continue payments.

If you have paid one third or more of the monies borrowed your goods will then be classed as "protected". This means that goods cannot be repossessed without an order from the court.

If you wish to keep the goods you can contact the lender and ask them if they are willing to negotiate reduced repayments.

[confuseddotcom]

thanks for that, a big help

 

coould you shine a light on the following, the default was sent to our old address and they do not have any orignal agreements ca they pursue the matter?

 

I am more than willing too pay what I owe and up until that last two months I have paid on the dot.

 

any help would be great

 

Thanks

 

Paul

[setmefree]

If you have requested a CCA from them then they have to send you a true copy of the original agreement.

With regards to the default, did you make them aware that you moved, if not they will sink lower than a rattlesnake and blame you for not inform them of your new address.

Once you have informed them,i would imagine that they would have to re issue the default to your new address.

[confuseddotcom]

Thanks for that, sorry it took so long to reply, I have been working.

 

If they have no original CCA (and I know the have not) can they repo my car.

 

Please note I am willing to pay off what I owe, how ever I have not been allowed to, and also I do not like the way in which I have been treated!

 

All I can say is thank god for this web site, just howmany people has it helped.

 

I am sick of being treated this way.

 

 

Thanks again