advatage finance charge claim ****WON****

[car2403]

their defence is on the link i pmed you

 

regards

 

Tony

 

Cheers, post back here if I don't get back to it tomorrow please

[simpson_eh]

hey car you about?

[car2403]

Yes, indeed.

 

Right, this looks all standard, but I think you're missing lots of information from your Witness Statement - take a look here;

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates.html

 

But more specifically, here;

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/119-basic-court-bundle

 

Can you see what I mean by lots of info missing?

[simpson_eh]

hi car2403

 

got to be intomorrow so where do i go from here? do i just change it to that ?

[car2403]

I think you need to integrate the bits from the court bundle in to what you already have to bolster what you've already said - there's more details needed in there as outlined in that bundle

[simpson_eh]

little confused mate as i have been doing a lot of research but never seen soga before

[simpson_eh]

S.140a The court may make an order … in connection with a credit agreement if it determines that the relationship between the creditor and the debtor … is unfair to the debtor...

 

Therefore it's open to a plain argument that the relationship between customers and lenders is unfair. Yet the big bonus of using this law is where the burden of proof lies – it's for the banks to prove charges are fair rather than customers to prove they're not.

 

what about this peice mate

[car2403]

Eeek.

 

Leave those bits out - that bundle clearly needs a review. (Which I thought had been done...)

[simpson_eh]

piece

[simpson_eh]

car have you seen their defence yet ?

[car2403]

car have you seen their defence yet ?

 

Yeah, it's laughable, but it's definitely a defence - just not sure it will work for them

[simpson_eh]

you get my pm regarding contents

[car2403]

PM'd back...

[simpson_eh]

i have a nother letter i need to send regarding judges comments and sar can you have a look as its going into the paperwork tomorrow as they havent responded

[simpson_eh]

ok all paperwork submitted on 28th and hearing fee paid today. off we go to court on the 19th

[simpson_eh]

well judge awarded partial payment as he agrees the £35 charges were excessive but only ordered the refund of £25 per charge, the judge tore my arguements apart and i only actually won due to the paperwork advantage were relying on showing the total cost of the collections department, this shows that the department costs a lot more than they actually claim back. i have had some previous experience with budget forecasts and profit and loss and know how to read them, but the biggest part was they actually included what it cost to deal with an account in arrears per year per account whoops. it costs advantage £19 to look after a defaulted account for the whole year. i explained what this meant to the judge and asked how charging some one £35 a time or £12 be a genuine preestimate of costs incurrred when they already have what it costs on paperwork. the judge responded a genuine pre-estimate can be anything the companys deems it to be. this dumbfounded me as the whole point was unfair and excessive charges which is clearly proven. in reality it cost advantage £60 over 3 years to handle my account whilst in arrears but tried to charge £538 if that not excessive what is.

 

i then commented that after the £19 is recovered from one payment then the rest of the charges are pure profit to which the judge replied the company is entitled to make profit. again i thought they were not allowed to make a profit on penalty charges, it did seem that the judge was on their side but awarded partial settlement anyway

 

on the plus side

received a cheque

all outstanding money will be cleared(not that its much, Think this is a goodwill gesture)

my default notice will be removed

will receive a letter showing the account is settled and they have no interest in the car

 

all this was agreed by the other party after the court case

 

so fingers crossed this will all be put to bed now

Edited November 19, 2010 by simpson_eh
adding more detaisl

[MARTIN3030]

Could have been worse-a win nevertheless.

Well done.

[caro]

Well done. Make sure that default really does get removed.

[car2403]

OMG! Just come back after some personal issues to see your late PM's - glad it all went well on the day, (well, 'ish...') a win is a win no matter how dirty you had to fight - it's nothing compared to what they've put you through.

 

Well done!