nish v Advantage finance

[RCT40]

Forgot to say, the Inspector who looked at the car, is willing to also look at the car again for a report of my own. I will pay him, but Advantage will have to pay to get him as a witness in court, so when he is there in front of the judge, I also have my own report off him, cool eh, less cost for me.

I am speaking to him tomorrow again. He has already said he can do it.

I thought I would need an independant inspector from him, but he said there will be no conflict of interest.

In Dis Advantages arrogance, they have ignored even some info he told them on the phone.

 

Nish, its sounds like a complete mess to me and Advantage appear to have you going around in circles. Did you at any point write to them and 'reject' the vehicle - from my experience this seemed to be my saving grace in court. I would head down the route of getting them to take the vehicle away if possible, but make sure as well as any reports you also have photographic evidence.

 

You suggested to me way back that I get in touch with Keith Charlton, have you not done this? Not much use to me though to be honest, I ain't no cactus specialist - but I know a p***k when I meet one - never read so many lies on one piece of paper in my life. My only worry for you is the length of time you've let go by, two years and a load of repairs yourself could well mean that you did have in fact accepted the vehicle.

[RCT40]

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.

 

Is this intended for Nish? If so I agree.

[nish40]

Hi Guys,

 

I did reject it within 6 months, but I did it on the phone (my brain didnt work at the time id just relocated).

They did however, in writing, confirm the phone call had been recorded, so there is proof if I apply for it.

 

I have not replied here as Ive been talking to Advantage.

They have after all this, agreed in writing, to recover the car and write the account off. They say as a good will gesture, but me thinks they know the score, as it was too easy.

I do however, have a £700 problem, cos thats what I spent in October 2011 getting all the braking system, and steering overhauled, im not losing that.

The repairs did not have much effect because of the bodywork underneath.

Had it up on a lift in a local garage today, the mechanic had a gauge, to measure the bodywork. It is out, not by much, but enough. He says Its about £800 to rejig the car.

 

Ill only accept Advantages offer if I get my refund so I will let you know what happens.

 

Dbabylon. No probs, but I wont ask for money back as I would have no chance them agreeing without a court, however, Im not fussed, I'd go court if I have to and Advantage know this, but what they have offered now will work better for me, If I get my repair costs back.

 

RCT, tried Keith Charlton, ended up being a you know what, totally changed his attitude.

[nish40]

Hang on, after reading Dbabylon posts again, your confused. I have not been to court yet.

[RCT40]

Hi All,

1st I would like to thank Nish on a seperate post, you know which one, means a lot.

 

2nd) If, and I am not doubting you, you advised the finance company within 6 months of sale that there are issues with the asset (not matter how small), the onus is on the finance company to get those rectified. You mentioned in your earlier post that you did this within days of signing the documents. This in itself confirms the faults were present at time of sale. At that point, the finance company has a duty to rectify the goods, also, as the asset is on finance and therefore their property (until you have fully paid your agreement) it is in their best intrest to do so. eg: they do not repair it, you don't pay, it gets repossed, they get next to nothing, you go bankrupt= they loose out as opposed to they repair it, you maintain payments, the car doesn't get repossed = they win (as they make money).

You also need to check your cancellation rights ie: did you notify the dealership of this? what was your cancellation period.

To be fair tis is fairly irrelevant since Advantage should have solved the issues anyway.

 

Also, what time of agreement have you got? Check 1st line of documents (mainly stating this for others): Hire Purchase Agreement blablabla... or Credit Agreement blablabla..... BIG Difference between the 2.

 

FAO RCT40:

 

Repossesion processes as per regulations:

Arreas

Notice of default

Notice of Termination/Seizure

Repo agents.

Unless these events are followed the repossession is invalid and unlawfull and you are fully elligible to reclaim all moneys paid. I also need to mention that an asset can get repossed from any place, private property or not as if it is being repo'd it's because it belongs to the finance house and as such is their property reguardless of where it's parked. On certain agreements, the agent also has legal rights to break into a property to recover the goods, this is a Bill of Sale, but I think that you will struggle to find a company that would go to this length in this day and age (mainly because it is so unethical)

 

I hope this helps and wish to add these are my views only and do not reflect on the company mentioned blablabla... as until reading this blog I'd never heard about them. I am not affiliated to them in any way shape or form, and can only comment on actual facts, regulations, etc.....

 

Binouille

 

Thank you for your thoughts, but your incorrect from the point of view of private property. Both Nish and I have a hire purchase agreements not a bill of sale which I would agree is a totally different kettle of fish. In our cases permission has to be provided for the company to enter private property and remove the vehicle otherwise it breaches the agreement - this is a fact.

 

I'm not sure where Nish is in his battle, but currently Advantage are suing the garage that sold me the car as a part 20 claim, my only outstanding query is that I was forced to take loans to replace their vehicle and they are challenging my claim for these loans as they say they shouldn't have to pay the deposit on the replacement vehicle. Whilst this might be true I believe they should cover the loan interest as if the vehicle they provided me had been in good condition I would not have suffered the debt of the loan interest at least. Any thoughts on this issue appreciated.

[dx100uk]

sorry but a repro man HAS NO LEGAL RIGHT to take a car from private properties no matter who owns the vehicle nor the type of agreement.

 

only a court appointed bailiff can tke a car from your prvate property.

 

not even a repro guy WITH a court order can take it from private property.

 

dx

 

 

dx

[dx100uk]

i said nothing about handing the keys over or not.

you are under no legal obl to do so to a repro man.

they have NO LEGAL POWERS.

 

as for the issue regarding this concerning a bill of sale

i refer you to the many postings of POSTGGJ regarding the subject.

 

it is NOT always the case that you must, again, regardless of a bill of sale or not...a repro man HAS NO LEGAL POWERS.

he is NOT a bailiff and has NO legal remit to recover a car from private property.

 

a bill of sale does not automatically turn a guy with a transporter into a superman devoid of having to abide by property laws.

 

dx

[nish40]

Hi All,

 

Sorry not been on, just been really busy trying to relocate from Scotland back to good old England side of the border.

 

Firstly, I noticed Binouille commented earlier on, sorry I missed it. How are you doing.

 

Ok where I am at the moment is good news.

Since my car went back, it was sold at auction in Leeds, and I have heard nothing since. I have an email to say it is all credited and closed as per the account, and my credit file also says it is satisfied. I personally think Advantage knew they were onto a loser.

 

RCT, Where are you up to with Advantage? Earlier on when Binouille gave some advice, I can categorically say they can give good advice in certain areas if possible, but there company does deal in Bills of Sale as well.

I know who it is, and wont say here, but they are in a position to help as much as you need, and I can say, in a company full of idiots, Binouille is the only nice, caring and considerate one in the whole company from my experiences.