Advantage Car Finance

[iconoclash]

Hi - latest on my car finance with Advantage. They have restored their claim in court. They have engaged a solicitor who is threatening me with £20 k legal costs. They have asked to take the case out small claims and into multi-track. I have no legal representative. I am currently waiting for the court listing information having submitted a defence but have not had any allocation questionnaire, which I thought I should get if they were re-starting their claim against me.?

[wannabedebtfreesoon]

Do not agree to Multi-track!!! There are serious costs implications involved in this, proceed with extreme caution!!

 

Has the claim already been allocated?? Have there been any other applications to have the track changed if so??

[wannabedebtfreesoon]

Sorry I haven't had time to read your thread properly yet but I just really needed to make that point as a matter of urgency!

[iconoclash]

Hi - been dealing with the blown sockets and 14 page document for the FOS but, back to it. Yes, W, I know this will expose me to huge costs if the DJ allows the track move. Had a hearing in May when they restored their claim and at the same hearing asked for the removal from small claims. I jumped up and down a lot and the DJ said he would give me two weeks to amend my original defence and then look at it all, and send out allocation questionnaires. Have just spoken to the court and the file is with the DJ now. Looks like there might be nothing further I can do if they already allow the move but, this will not stop me defending myself and ensuring the court sees what they have been up to. So, no news re allocation yet. thanks.

Edited July 11, 2012 by iconoclash
edited

[iconoclash]

hi - just letting you all know where things are now, the car finance company's solicitor is intimidating me with their letters, the lender is refusing to supply the underwriting sheet so that i can get the commission stripped out of the credit and agree what i do really owe, if anything given that i did not individually negotiate anything ever on this deal, their non-disclosure of total charge for credit for product sold and if they do take me for £20,000 I will be shouting it from the rooftops before I jump!. Maybe go back to Channel 4 news - for those of you who remember the HSBC managed loans debacle and that interview I did with them.

[iconoclash]

Who's the expert on default notices? - I've been reading about the content etc but having trouble finding info about the sums stated, I know they have to be what represents say, arrears, and then remainder but what if they are inaccurate, don't match the statements? and, does anyone know if the D/N should have a statement with it in order to clarify how they get to those sums? thanks

Edited July 22, 2012 by iconoclash
typo

[dadofholly]

Have you pleaded a faulty DN?

 

On what basis are you defending the claim?

[iconoclash]

hi DOH - your mailbox is full by the way - will get back to you shortly

[dadofholly]

inbox now cleared.

[dadofholly]

Had message you had tried to pm me - box cleared.

[iconoclash]

Hi - sent u a message earlier

[iconoclash]

Having just lost in court to this unscrupulous company I warn others to look for a term in their contracts that says that they "might pay a commission".

 

Yes, very vague and does not seem to be what is required in terms of the CCA and the person organising the product sale to the consumer,

(whether that be the finance house or a broker or an intermediary)

 

having to:

specifically tell you that they are receiving a commission, even if it is argued that they do not need to disclose the amount.

 

Also, whether calculating a total charge for credit across x3 insurances, required a separate and individual cost of each item to be shown,

and NOT a cumulative total of all three.

 

In this scenario where a consumer cancels one or two of the items they are left with an unknown total to pay,

 

however, a DJ has decided also that this is not required and the onus is on the consumer to calculate the amount themselves.

 

Also, when a Barrister lies in court, and supports the lies of the Claimant company,

I would refer to the "A Lawyer's Duties to an Unrepresented Party" in reference here and the duty to be fair to the other party,

provide help but not to the extent that it creates an imbalance to their clients best interests.... etc.

 

Beware also of amounts invoiced to the credit of the consumers debt when repossession has taken place,

as there is a legal duty to obtain the best price as it is the defendants money at stake here!

Edited November 11, 2012 by iconoclash
typo

[iconoclash]

A further note:

 

when a DJ tells both sides to go out of the room and resolve the issue,

you the LIP, might think that is what will happen

- but wait

- you have to be ready for yet another move in this game of chess.

 

If a barrister can contact a claimants office to get a figure and then propose that enormous gigantic sum to you,

and you make a counter offer that is sensible (the DJ's words: sensible)

 

one wonders how it is that they suddenly can no longer get in touch with that same company - ??

- answer: no attempt has been made to reach settlement,

for this is another part of the game,

you are now forced to proceed to judgement sum,

and what is more,

you cannot disclose this behaviour to the DJ.

[iconoclash]

Also, when a Barrister lies in court, and supports the lies of the Claimant company,

and for our guests, the passage here above is a specific and particular reference to actions by a claimant and their acting barrister in the matter of informing and advising a court that a contract has been individually negotiated between a lender/finance company and a consumer directly with that consumer, in accordance with the requirements of the consumer credit act and, that being false and proven as false by that consumer....