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


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I know all about impressive judges so I completely get where you are coming from!

Yes, thank you I was successful too. It took a trip to High Court and an appeal heard by a Lord Justice but we got there in the end :oops:

 

Sounds like a nightmare, but at least you got there in the end. I wasn't aware that I was able to claim costs as all the work I did myself - I'll definately need to have a look at what I can get out of this before filing the counter claim.

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OMG!!! Do not do anything until you know exactly what you can claim!! How long have you got to submit your counter claim??

 

I've not received a date, but he said the next available date in or around 28 days. If you can point me at any information that would be brill!!

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For starters I believe that all the info regarding costs is covered in CPR and PD 48.

What are your causes of action and what restitution will you be seeking as a result?

 

I've used the the form and leaflet finder but don't seem to find anything related to CPR and PD 48. I'm really not sure about causes of action or restitution I will be seeking - I had no idea about any of this, a counter claim for all monies paid/to be put back in the postion before the agreement is all that I know about.

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Sorry, I didn't mean to worry you! It's my fault, I'm so used to being on guard because of the dastardly tricks welscum are always pulling. You have always got to cover all bases and expect everything.

 

Here's a few links for you:

 

Civil Procedure Rules Part 48

 

Part 18 Practice Direction LiP Costs Section

 

Let me know if there's anything I can help with,

Surita x

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Sorry, I didn't mean to worry you! It's my fault, I'm so used to being on guard because of the dastardly tricks welscum are always pulling. You have always got to cover all bases and expect everything.

 

Here's a few links for you:

 

Civil Procedure Rules Part 48

 

 

Part 18 Practice Direction LiP Costs Section

 

Let me know if there's anything I can help with,

Surita x

 

 

Surita,

 

No need to be sorry you've not worried me at all just trying to get my head around it. So as well as the money I paid them I actually had to take a £1200 loan and sacrifice my £1500 performance bonus to replace the car from dis-advantage finance for a vehicle that was fit for purpose. Also claim an hourly rate of £18 for each hour spent putting my case together and attending court?

 

Thanks for your help

 

Damian

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Sorry to butt in. Is there any reason why you don't just ask for your monies back? It is pretty obvious to all parties how this will end so it should not be necessary to return to court. In my view you should get your monies, and costs back. I would be inclined to ask Advantage first before going back into litigation. Might save some grief.

 

"Save some grief"? For who? RCT gave the lender ample opportunity to "save grief" from the beginning of this whole sorry saga but it was THEIR choice not to accept. The lender had no qualms about inflicting grief on the OP over the past 18 months; dragging this out unnecessarily when they knew all along they were in the wrong, so why should the OP allow them the opportunity to quietly pay up now? Hardly seems proportionate to me.

 

I am sure the OP does not feel aggrieved by being given leave to file a counter claim which will undoubtedly lead to a judgment in his favour! It is of course possible that some people have no interest in the money aspect of a claim, and consider justice to be more about right and wrong. Not to mention the benefits having such a judgment would provide for the consumers in general. Perhaps, if more cases like this were brought and publicised, lenders would be more inclined to act within the law by which they are governed.

 

Obviously it's not my decision but personally I believe that some lenders purposefully fight a knowingly fruitless battle to frighten the 'little person' into submission and then expect to be able to pay them off quietly at the end if things don't go their way. Good plan, and I'm sure it works often.

 

Just my opinion as always, but do unto others and all that....

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Sorry to butt in. Is there any reason why you don't just ask for your monies back? It is pretty obvious to all parties how this will end so it should not be necessary to return to court. In my view you should get your monies, and costs back. I would be inclined to ask Advantage first before going back into litigation. Might save some grief.

 

Implying the OP has already been to court...

 

Just to add to the confusion:-)

 

Ask for the money or litigate? Tough call. Maybe that should read offer the other side a chance to settle of straight to litigation?

 

Care needs to exercised here because if you do not give the other side the opportunity to settle then you will attract criticism from the judge, you are unlikely to get your costs if you go straight to litigation.

 

BUT I bow to your experience in matters of litigation :lol:

 

Yes absolutely add to the confusion! How can they go straight to litigation but also 'return' to court? :???: They either went to court first in order to return or they didn't?

 

I'm all for pre-action protocol if you haven't started litigation, but if it is an existing case that has exhausted that and several other attempts to settle were made and refused I'm sure a judge would not find anything to be critical about, wouldn't you agree??

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  • 2 weeks later...
"Save some grief"? For who? RCT gave the lender ample opportunity to "save grief" from the beginning of this whole sorry saga but it was THEIR choice not to accept. The lender had no qualms about inflicting grief on the OP over the past 18 months; dragging this out unnecessarily when they knew all along they were in the wrong, so why should the OP allow them the opportunity to quietly pay up now? Hardly seems proportionate to me.

 

I am sure the OP does not feel aggrieved by being given leave to file a counter claim which will undoubtedly lead to a judgment in his favour! It is of course possible that some people have no interest in the money aspect of a claim, and consider justice to be more about right and wrong. Not to mention the benefits having such a judgment would provide for the consumers in general. Perhaps, if more cases like this were brought and publicised, lenders would be more inclined to act within the law by which they are governed.

 

Obviously it's not my decision but personally I believe that some lenders purposefully fight a knowingly fruitless battle to frighten the 'little person' into submission and then expect to be able to pay them off quietly at the end if things don't go their way. Good plan, and I'm sure it works often.

 

Just my opinion as always, but do unto others and all that....

 

 

Guys,

 

This thread is becoming really confusing with all of these other issues going on....

 

Anyway update - I've filed a counter claim Tuesday just gone and court is 1st Feb. In my counter claim I've asked for all monies paid under the agreement, reimbursement of a loan I was forced to take to cover the deposit on a replacement car, LiP and cost of the application. All of a sudden today I've received an N434 Notice of change of solicitor.

 

Really not sure what to make of it... Any thoughts on what their game is, solicitor is Wilkin Chapman LLP of Grimsby.

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Guys,

 

This thread is becoming really confusing with all of these other issues going on....

 

Anyway update - I've filed a counter claim Tuesday just gone and court is 1st Feb. In my counter claim I've asked for all monies paid under the agreement, reimbursement of a loan I was forced to take to cover the deposit on a replacement car, LiP and cost of the application. All of a sudden today I've received an N434 Notice of change of solicitor.

 

Really not sure what to make of it... Any thoughts on what their game is, solicitor is Wilkin Chapman LLP of Grimsby.

 

Always beware of their games because you can pretty much bet your bottom dollar it will be a game. Were they actually represented before or were they dealing with it in house?

 

Hmmm.... what game could it be??? There are so many to choose from :lol:

 

I think my first instinct would be mitigation. They probably want to scare you into submission and baffle you with big words in order to get you to agree to an excessively reduced settlement with added 'clauses'.

 

I will also have a punt on them aggressively attacking your counter claim and nit picking at all the reasons why it shouldn't be allowed.

 

Not to forget the very thing solicitors live and die for, (and no it's not justice!), -costs. Costs are a very good weapon to use in negotiations,

eg. "If you drop this now we will waive our costs which, seeing as we have a solicitor, will be humongous..." or

"Let's just call it quits, nobody has to pay anybody anything and we bear our own costs".

These statements would usually work well if they've done their job and already planted the seeds of; "You might lose and then just imagine how much you'll have to pay with our costs added on...."

 

I'm just saying take care now as IMO solicitors are usually only employed to play 'clever' lawyer tricks on you :sad:

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Surita,

 

I've had a solicitors letter today stating that my counter claim is above the scope of the judges decision, i.e. I've asked for damages and costs, but the judge ordered that I can reclaim all monies that I gave to dis-advantage. They are asking for a 28 day adjournment and permission to provide a defence to my counter claim on the grounds that it is above the scope of the judges directions - also they plan to sue the garage that supplied the vehicle (although quiet what that has to do with is unclear IMO).

 

Looking forward to Wednesday not!

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There was some confusion with the different posters hijacking RCTs thread.

 

I am in the process of moving nish's posts to his own thread which can be found in the link following:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?335901-nish-v-Advantage-finance

 

RussellSmart's thread is now in the link following:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?335900-RussellSmart-v-Advantage-Finance

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2: Does your Bank play fair - You can force your Bank to play Fair with you

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Surita,

 

I've had a solicitors letter today stating that my counter claim is above the scope of the judges decision, i.e. I've asked for damages and costs, but the judge ordered that I can reclaim all monies that I gave to dis-advantage. They are asking for a 28 day adjournment and permission to provide a defence to my counter claim on the grounds that it is above the scope of the judges directions - also they plan to sue the garage that supplied the vehicle (although quiet what that has to do with is unclear IMO).

 

Looking forward to Wednesday not!

 

Hmmm.... aggressively attacking your counter claim and nit picking at all the reasons why it shouldn't be allowed it is then!

 

Do you have the order from the court about the first hearing? It would have been a list of directions stating what needed to be done and by when. I only ask because if the directions simply stated that you were given leave to file a counter claim then you could argue that that is accurately within the scope of what was ordered. However, if the directions state leave to file counter claim for blah blah it may be slightly more complicated.

 

I wouldn't worry too much, it'll be scare tactics and mitigation they're seeking. Don't forget that they clearly knew of all the issues from the beginning of the case and had every opportunity to address them well before now. Whether they sue the garage or not is up to them surely! They'll be trying to get the point where it all gets so convoluted that you either drop the whole thing or accept a greatly reduced amount. Sounds a lot like clutching at straws to me, but who knows....

 

Irrespective of what you have claimed it'll still be down to the judge to decide what to award whether they like it or not. Bear in mind that solicitors are very bitter losers to LiPs :madgrin:

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I've got the order from all of the hearings, and the solicitor and will happily scan redact and PM to you if you can advise.

 

Yes I'm happy to look at them and give you my opinion, however in order to ensure you get as much help as possible you could always post them on open forum minus the identifying bits :-)

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If you want to post up documents - follow the advice given by dx100uk - below :)

 

Dx100 – Instructions on uploading pdfs

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 3 months later...

Hi guys

claiming back my money is still on going as the finance company are now suing the garage in a part 20 claim which has really slowed down the process - also forcing it onto the fast track.

 

I'm quite comfortable about all of this,

the only query I have is that I've made a claim for a loan I was forced to take to purchase a replacement vehicle.

 

They reject this part of the claim suggesting that they should not have to cover the cost of money I borrowed as deposit on I vehicle of which I now have possession and enjoyment of.

 

Whilst this might be true surely the interest of these loans should be reimbursed,

because in my opinion I would not have been in this additional debt if the vehicle they provided had been fit for purpose.

 

Anyone's thoughts on my position with regards to issue would be much appreciated.

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  • 5 months later...

Got there in the end.

 

During August after inclusion of ACF car finance

I defeated both Advantage & ACF car finance and made a decent sum of money for my troubles.

 

Take a tip from someone who has learned avoid Advantage Finance and ACF CAr Finance

if they are you last options get a wheel barrow instead

- for all the stress over the last two years I would have been better off hanging on to my old car.

 

Best of luck to all in their endeavours, and remember never give in that's what they want you to do!

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hey thats great news

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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