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Advantage Finance repossessed my car - No Default Notice ever received - URGENT HELP PLEASE


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  • 4 weeks later...
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Bump...

 

Almost a month since the acceptance letter was received and not heard anything from them...

 

...could be they've decided not to pursue it, but I don't want that...I want my chance to get them back.

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  • 3 weeks later...

any news??

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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  • 2 weeks later...

Ok so an update to this, I would like some advice on where to go next:

 

After not hearing anything back from Advantage I sent the letter that was put together earlier in the thread basically laying everything out for them and asking what they intended to do to remedy it.

 

Got a reply from them stating that they "believe my complaint relates to the legality of the repossession of the vehicle" - I wonder what gave them that idea ;-)

 

Basically they have sent another Default Notice that they believe complies with the legal requirements...though how they can do that when they have terminated the agreement seems to escape them!!

 

They have also offered to return the vehicle to me, subject to me complying with the revised Default Notice...

 

I no longer need the car back as I have since bought a cheap Polo as a run-about, however if I did get the car back then that wouldn't exactly be a bad thing ;-) however I have no intention of restarting the agreement or paying them anything else.

 

The way I see things, by sending out a revised DN, they have effectively admitted that the old one was invalid...so where do I go from here??

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The second DN is useless as they have rescinded the agreement by repossessing the car. They've dropped a proverbial and they know it, that's why they are trying to get you to accept the second DN.

 

Incidentally is it correctly worded?

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The second DN is useless as they have rescinded the agreement by repossessing the car. They've dropped a proverbial and they know it, that's why they are trying to get you to accept the second DN.

 

Incidentally is it correctly worded?

 

I need to check it closely tonight, I had to pick it up from Post Office on way to work as it had to be signed for (works well for me as they can't deny sending it!!) but at first glance they seemed to have corrected the obvious mistakes.

 

I know it's invalid, but want to know where to go from here.

 

At the very least I want the default removing from my credit history, but it would be really, really useful if I could get some money back from these people...as I say, I no longer need the car but if they gave me it back then I wouldn't be unhappy as I could then sell that and they're going for more now than when I bought it!!

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Okay, have had chance to read through it properly now and I still don't think it's valid. Yes they have the date right, but I still don't think they have all the required wording in there...they state that payment of £xxx must be made by the 21st June 2010, but they do not state "not less than fourteen days" anywhere on the default notice...

 

...where do we go from here? They have said that if I do not comply with the revised default notice then they will commence legal action...do we think they will or do we think they know they messed up and are hoping to fool me into paying??

 

Advice very much welcome...

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They rescinded any agreement you had the moment they took the car, once an agreement has ended they cannot issue another default notice because there is no agreement to default.

 

Hi, yes I am aware of this and want to know what to do next...

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I was thinking of sending a letter thanking them for their response and advising them since they rescinded the agreement they cannot now simply issue another default notice and then asking them again how they intend to remedy the situation...

 

...what do you think?

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  • 3 weeks later...

Bump.

 

Not heard anything from them since the second (invalid) DN on 4th June so resending the previous letter with a section added making plain that they cannot simple reissue the DN as the agreement has already been terminated by them...

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