Advantage Finance repro claim - ***i won & judge orders all payments returned**

[RCT40]

Hi,

 

I'm new to this forum so I hope I've posted in the right place.

 

I had the misfortune of purchasing a car through ACF in Bristol and Advantage finance.

 

I arranges the finance over the phone with Advantage at ACF's place in Bristol a

nd arranged for the car to be delivered next day after it had been valeted and serviced.

 

The following day the car was delivered to me and after the driver had left I checked the oil in the car

and realised that the car had been driven by the delivery driver from Bristol to my home in South Wales (some 60 miles) without a drop of oil in it.

 

Obviously I immediately called the contact at ACF was promised to look into things and come back to me

- which he never did, of course needless to say when I called again he was never available.

 

After a day or two of playing games with ACF I decided to call Advantage finance about this issue and reject the car,

it was at thus time I was informed that as soon as I signed the agreement I had no right to end it regardless of the condition of the vehicle

 

Since this happened I repaired the car myself, and still not happy with the car

I have been in contact with Advantage on numerous occasions to express my unhappiness

and look at options such as settling the finance but Advantage just aren't prepared to help.

 

Finally with the help of my annual bonus I purchased an alternative vehicle a

nd have asked that Advantage to take the vehicle away

and I'll attempt to fight the charges.

 

amazingly after sending a letter to Advantage I received a call from ACF

as Advantage had requested that they take the vehicle back

- I thought brilliant, until I explained that I repaired the oil leaks myself,

they now use the fact that I carried out this work personally as an excuse to refuse return of the vehicle

because I've CHANGED the condition of the vehicle

 

What really amazes me though is that because of the agreement I couldn't return the vehicle two days in

- yet three months later they consider taking it back, but of course look for the smallest excuse not to do so.

 

Can anyone tell me where I stand or what I should do?

 

Thanks in advance.

[RCT40]

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)?

[wannabedebtfreesoon]

Oh they're really gonna hate you for that lol!! Chances are the car would've gone straight to an auction house where it will be sold without the V5 and the new buyer will apply to the DVLA for a replacement. That's gonna prove rather difficult if it's already being transferred to Advantage!!

 

So you're saying that they classed this as a repossession? What without serving a default notice or you missing at least 2 payments??

[RCT40]

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.

[wannabedebtfreesoon]

Well in that case I would say that if you ever hear from them again they will be in deep crap!

 

It would seriously be in their best interests to get what they can for the car and forget you ever existed

 

They have removed the car with absolutely no written notices, they cannot even claim that you VT'd because they would need to prove that you specifically wrote and requested it.

In my opinion you would be able to argue many points if they try to screw any more money out of you such as; failure to give notice under the Consumer Credit Act, failure to terminate, not allowing you a cooling off period, goods not fit for purpose under the Sale of Goods Act, Distance Selling Regulations etc. I'm sure the list could go on!

[RCT40]

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!

[wannabedebtfreesoon]

The fact that they didn't take the V5 would actually work in your favour because it could've been used as grounds that you didn't give informed consent, but that's another story!

 

Best of luck to you 8-)

[RCT40]

Hi,

 

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

[RCT40]

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.

[RCT40]

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!

[RCT40]

...

[RCT40]

Anyone?!?

[RCT40]

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.

[RCT40]

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!

[wannabedebtfreesoon]

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!

Apologies for not replying earlier I've just had so much on

I just need to get some work done but I promise I will be on at some point today to see if there is anything I can offer

[wannabedebtfreesoon]

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!

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??

[RCT40]

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

[RCT40]

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

[wannabedebtfreesoon]

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"!

[RCT40]

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.

[wannabedebtfreesoon]

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.

It's unlikely you'll find a template for that kind of thing but if you do what you can I'll help you out with the nitty gritty

[RCT40]

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

[wannabedebtfreesoon]

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

[RCT40]

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

 

Thanks!

[wannabedebtfreesoon]

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