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Advantage Finance HP Loan Help !!!!


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Hi, Newbie to this site so i am sorry if this is posted in the wrong section....

 

First of all I purchased a car at a price of £5000, from a local dealer who arranged finance through Advantage Finance ( Also based in the same Town )

 

The repayments was £204 a month over 4 Years, due to my poor credit this was the only option i had available at the time.

 

I got the Car in March of this Year, but unfortunately i had to move home and was forced to go into my accommodation stretching my financial budget beyond my limits of affording this car and the maintenance etc.

 

I moved home in July 2013, I made contact with Advantage to hopefully offer reduced payments this was rejected and they made it quite clear i was able to afford this car regardless,

They don't seem to have a heart i am afraid and i told them several times i can no longer afford it could you please come and collect it.

 

I was served a default notice at the end of July and around a week later i had a phone call saying would i be willing to make a payment, which i explained i am unable to do so, within 10 minutes they came round to my property to collect the car, i surrender the car to them and signed a document stating i was terminating the agreement and handing the car back.

 

I received a letter a little over a week ago saying the car had been sold and that i firstly owed £3200 if paid within a week, if not the debt would total £6800.

 

I have now received a letter saying

 

" they are disappointed that an agreement can not be arranged and they intend on taking me to county court for judgement which would mean an attachment of earnings being made against me if they are successful, unless i make an offer of repayment"

 

I have emailed them as i dare not speak over the phone due to fears of being pressured into agreeing into a higher repayment, my emal contained an income and expenditure sheet which they told me to provide for offer of repayment, the sheets was done by the National Debtline service online so this is accurate to date.

My offer of £26 a month was made.

 

 

I received an email today stating they would not be accepting my offer as i have not provided hard evidence in the form of the last 3 months wage slips to prove my income.

 

Firstly they did not ask this in their own letter and i have replied stating this is not legal binding as i have done everything they have asked of me which is give them a budget sheet and expenses and made an offer, yet they still decline this offer.

 

What do i do now i am really at a wits end with this, i cant afford any more money to pay as i have other creditors i am arranging to make repayments of, i have around £48 left each month to pay for debts the big chunk going to advantage i just don't want to get to court to get a CCJ and have money start coming out my wages which would seriously get me into more debt.

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Hi rich and welcome to CAG

 

I am moving your thread to the appropriate forum.

 

Regards

 

Andy

We could do with some help from you.

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You are already there rich...Debt Collection Industry

We could do with some help from you.

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I personally wouldn't do anything until they actually instigate litigation.....pleased you didnt enclose any wage slips.... you are not at any liberty to provide this or any in-depth I&E...just a basic and an affordable monthly offer of payment.

 

Regards

 

Andy

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Yeh So just wait untill i get a letter from the county courts if they proceed, should i continue to reply to advantage if they get in touch again, its not like i dont mind paying them the money just at this reduced rate , i think long gone are the days people actually want to take your money from you haha

 

regards

 

Richard

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By all means try to to agree an arrangement in the meantime and retain a paper trail of this. Check your agreement that they have followed due process on the VT (was it not in F&FS?)...also are you content with what they state re the shortfall is correct?

We could do with some help from you.

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Honestly i do not believe a word they say, a simple letter saying 3k then jumping to 6k in the space of 72 hours, it makes no sense, either they have sold the car at auction for a lot more and haven't been honest or they didn't want to charge me any interest rates if i paid it off quickly,

 

Lucky for me most of their communications have been with paper and email so all my emails are securely backed up and kept if i need to use them in court.

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Ok DSAR (Data subject access request) them now (pre litigation) template is in our library and there is a fee of £10 this will reveal the actual details of the account and what shortfall if any.

We could do with some help from you.

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When you do get the DSAR - look very carefully at the charges - I have dealt with Advantage on behalf of others and they a habit of adding on vast numbers of charges in the hope that you wont turn up in court and they can get a default judgement for thousands of pounds more than is owed because they are not challenged about them - 3 or 4 spurious charges in a day for calls / text messages / letters is not uncommon.

 

Also check your agreement for overpriced insurances. Whilst I cant see even this company attempting to add PPI in 2013 - keep a look at for GAP insurance and mechanical warranties that they may have added at a vastly inflated price.

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I made sure i had no warranties or PPI added onto this agreement before i signed, they tried to contact me a week after taking the car to sell me insurance which made the monthly price go up to £305 i politely said no thank you.

 

The original Agreement says £8800 to pay in full , however they said they sold the car for £2500 or a rough figure around this and now asking for £6800

 

I have wrote a letter as follows :

 

Thank you for your letter of 16-09-2013. I am very disappointed that we seem unable to reach a satisfactory compromise in this case. As I have already explained, I can only afford £25.78 per month at the present time. This is the only realistic payment proposal bearing in mind the enclosed personal budget sheet.

You have stated in correspondence your intention to commence proceedings in the county court against me. The commencement of legal proceedings under such circumstances could be counter to the Overriding Objectives of the new Civil Procedure Rules. You will be aware that the Overriding Objectives underpin everything the court does. Moreover, paragraph 4 of the Protocols Practice Direction states that in cases not covered by an approved pre-action protocol, the court will expect the parties to act reasonably.. in trying to avoid the necessity for the start of proceedings.

I would suggest that your refusal to accept my offer could be viewed as unreasonable and I would ask the court to consider this matter with reference to the Overriding Objectives.

The offer of £25.78 is of course still open to you to accept.

 

 

I am hoping to send this off tomorrow morning or late this afternoon , what do you think, i guess i have covered every line of defence there?

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Very good rich..... now get that DSAR done and I would also advocate sending a section 79 request for a copy of the agreement if you do not already have one.

 

Regards

 

Andy

We could do with some help from you.

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  • 2 months later...

Hi Guys

 

It has been a while since i last posted but i have new updates in relation to Advantage Finance & Need some Advice.

 

I received a letter from Northampton County Courts Via Money Claim Online for the amount outstanding to Advantage Finance - I responded Online as a partial admission as i said the amount was incorrect, only by £100 but still incorrect, i also explained my situation in the defence bit about my other creditors etc how i am starting a DMP with paypllan for £110 a month which is my remaining surplus etc.

 

I also explained how advantage refused every offer ive ever made for repayments.

 

 

I heard nothing back so i contacted the courts directly who said they have sent my response back to advantage and would advise contacting them.

 

So yesterday i spoke to Debbie at Advantage as Helen Kellly ( Who appears to be their finance director could not speak to me )

 

Debbie took my new address details as they had my old address, strange considering they collected the car at my new address when i handed it back but never mind.....

 

I informed Debbie about my DMP and i would want to increase my offer to £60 a month which i can afford just for advantage but they need to be aware the repayment will be lower as i am currently starting my DMP as of next month with payplan.

 

I am just a little confused and all over the moment as payplan say they are able to include my CCJ with the repayments, the courts say i have to wait for advantage to accept or decline my repayment, chances are however they will decline this repayment amount as i know full well what these cowboys are like.

 

I am just really unsure what to do next or where to turn i have three things going around my head, the DMP, the possibility of my repayment being declined and AOE slapped on me or ballifs - some times i just wish i would of saved up and gone bankrupt to stop this mess.

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Hi Rich,

as the matter is now with the courts I would avoid speaking to Advantage directly. If you have filled in the partial admission form you should have arrived in Box 11 at an offer of payment figure. The court will write to Advantage with this offer and ask Advantage whether they accept or decline. If they decline they have an opportunity to request payment at a different rate.

 

If they don't accept your offer, your proposal and their request are then passed to a "Proper Officer" of the court who will determine a repayment rate. S/he should take into account the Income & Expenditure you have completed on the admission amount and award a judgement that you pay at the rate of £x per month. If you disagree with the rate that is awarded or your circumstances change you can apply to the courts for a re-determination. The fact that you have made previous offers of repayment should hopefully be seen as a positive thing (although I have seen some crazy determinations in the last few months)

 

The important thing to note is that if you are making these payments, Bailiffs cannot be instructed. For bailiffs to be involved you would have to fail to make these payments - this is why it is important to ensure that payments are set at a realistic level initially and always made on time with you keeping proof of payment

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Yes i wanted to make the repayments through standing order so i can at least see they have left my account and have proof, the good thing is even with a DMP which i have used in the past for smaller ammounts the money has always been paid on time and proof has been shown by using the online accounts.

 

I think it is truly madness that someone can decline offer of repayment these days, especially when they are so eager to get their money back.

 

I feel like screaming at someone saying if i had £6800 to give you back i would of by now, nobody seems to listen though and it is starting to get on top of me all now.

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  • 2 weeks later...

Update : 02 December 2013

 

 

I Have been issued a CCJ for the full amount of this debt by Northampton county court on the 28th of November,

 

Today i received a letter stating advantage finance had objected to my offer of repayment so the court's have set my monthly repayment to £280 to be paid each month by the 28th of December.

 

This is way more than i can afford the maxiumum is £60 per month which i advised advantage and the courts,

 

I contacted the help desk at Northampton and i said to the guy on the phone you saw my incoming and outgoings form i filled in was this not even considered as £60 isn't £280 a month is it.

 

He laughed and said it will be the stupid calculator systems they use not done its job properly, write into us at the address on your letter to have it re-calculated and you may be successful you may not.

 

I am really at a lose end now i have no idea what to do -

 

I have sent the letter first class this evening, but i cannot afford the £280 a month as requested and on the 28th of December when i do not make this payment i dont know what else to do or is going to happen,

 

I contacted advantage through email to request standing order information to make payments in relation to the account i have yet to receive a reply,

 

 

Any advice would be great please guys, just so worried now.

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Have you requested a redetermination within your letter richamondo?

 

Regards

 

Andy

We could do with some help from you.

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They don't seem to have a heart i am afraid and i told them several times i can no longer afford it could you please come and collect it.

 

I was served a default notice at the end of July and around a week later i had a phone call saying would i be willing to make a payment, which i explained i am unable to do so, within 10 minutes they came round to my property to collect the car, i surrender the car to them and signed a document stating i was terminating the agreement and handing the car back.

 

 

Did you ever write to them telling them you were terminating the agreement as from dd/mm/2013?

 

What exactly does the document you signed say - what did you agree to by signing it?

 

It's a shame it ever got this far, but it has, and subject to the answers to the above questions being as I expect, and confirmation please this is a normal HP agreement governed by the CCA, I see little option other than to work with the court to agree an affordable monthly repayment.

 

Just remember in all of this, being in debt is NOT a crime, it is NOT a criminal offence, it can be very stressful but they cannot take what you have not got. At the end of the day it is as simple as that.

 

Do you know how to go about applying for a redetermination? I can point you to the form (N245) but am not familiar with court procedures I'm afraid, I try to keep people out of them and apologise for not seeing this thread earlier.

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Hi guys thanks for the reply i will try and answer as much as possibe below :

 

1 ) I got defaulted after two payments on the account

 

2) 4 Months into agreement they called me asking if i could pay i said no please remove the car

 

3) 20 Minutes later two people from advantage turned up to collect the car i signed a letter they gave me saying furthurmore to the phone conversation we agree you are terminating this agreement with us and the car will now be sold at auction to cover costs.

 

4) 2 months later received a letter saying car had been sold for £2300 leaving a balance of £6807 to pay, I tried to make arrangements with advantage they refused every offer i made even saying a DMP or IVA they would not oblige too,

 

The courts :

 

Received this letter obviously stating a CCJ awarded against me after i admitted full admission and made offer of repayment, it stated Advantage Objected to the offer so the court's set out payment of £280 per month - Please bare in mind the original cost of car per month was £202

 

Was confused even though i gave courts my income and expenditure they still feel this is more affordable when it is not.

 

Phoned the Court Help desk spoke to a man callled David - I explained i am new to this and no idea what i should do now as i cant afford this ammount

 

He stated maybe the stupid calculator system they used has been incorrect i should just simply send in a letter asking for it to be lowered and my reasons, no mention of a form to be sent -

 

He said this is free to do just send it witihin the next 16 days which i have done last night

 

I did hear about the form to fill in and send off i think i have downloaded the correct copy i am unsure on how to fill this in though and if i should send it along with another letter today or just await their response.

 

 

I agree with a previous Poster, I CANNOT afford to pay what I DO NOT HAVE.

 

I don't think they see it this way however on the deadline date of the 28th i will miss the payment i am then concerned about bailiffs - i do not own much in this house and i am in rented accommodation privately.

 

The only other option is AOE but if this is at the rate of £280 a month i still wont be able to live i would either have to give up working or move into a shared housing system, i do not seem why i should though this is totally unfair.

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You dont use the N245 for a redetermination...a letter or a N244 will suffice and is free of charge if made within 14 days of the judgment.

 

Regards

 

Andy

We could do with some help from you.

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Hi Andy,

 

I spoke to the courts again this morning and because this is a Money claim online court it is slightly different, i was told to email them ( email address given ) with all of the information for a re-dermination which i did this morning and receieved a confirmation reply from them an hour later, i attached an updated IE form also to show my current outgoings and future outgoings with my DMP due to be set up shortly, let's just hope this clears everything and i can start making payments!

 

What happens if they reject this however then what would i do ?

 

Richard

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Payment will be set at an affordable monthly amount ( in conjunction with your I&E) if the claimant rejects this proposed figure then they do have the option of securing the debt by way of a Charge on any property you own.

They may not and accept the courts revised proposed payment......it shouldn't come to a AoE.

We could do with some help from you.

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Excellent ....... they only have the option of accepting the reduced proposed payments or proceeding to a AoE which again you can set using an I&E.

 

 

I am moving your thread to the Financial Legal Issues Richard.

We could do with some help from you.

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