Car repo help needed 'advantage' playing dirty

[davisj003]

so as long as its on private property i am fine?

 

Return of goods order definitely needs to go to court does it?

 

In which case i should be fine shouldnt i if the court agrees in my favor?

 

How long will a return of goods take?

 

Should i not communicate with advantage now?

[dx100uk]

well done on chasing them off good move!

 

yes keep up the lettertennis with advantage

 

can you please:

 

In this regard it would also help if you could scan in the original agreement,

and insurance requirement assessments with personal details removed

 

as per the instructions already posted

 

we need as much paperwork as you have please

[sequenci]

so as long as its on private property i am fine?

 

Return of goods order definitely needs to go to court does it?

 

In which case i should be fine shouldnt i if the court agrees in my favor?

 

How long will a return of goods take?

 

Should i not communicate with advantage now?

 

If you had paid over 1/3 then they would be in serious hot water if they tried to take the car without a court order

- you would be entitled to all your payments back.

 

As you haven't done that, should they take the car

you could sue them for a breach of statutory duty

- which would be a few quid at the most.

 

This is why I think it's worth hiding the car just for the time being

- simply to be on the safe side.

[davisj003]

Sorry for delay. I am having problems scanning my documents. I have now received another letter saying:

 

Balance: £13284.65

 

despite numerous attempts to resolve this outstanding debt with our collection team all efforts appear to have failed.

 

We are writing to inform you this matter is now under review with our legal team.

 

Should you fail to make the vehicle available for collection within 7 days we will have no alternative but to take full legal action.

 

This account is now considered terminated.

 

It is our intention to apply to the County Courts for a return of goods order and further enforce that order.

 

If you are still in possession of the vehicle and you wish to surrender it please call our repossessions department.

 

This action will incur further costs to your account. We respectfully suggest you seek independent legal advice and respond within 7 days.

 

Should you wish to make an offer of payment to avoid legal action please do so on the reverse of this letter and return.

 

If no response is received we will proceed to legal action.

 

If you dispute the claim please give full grounds for this dispute and supply any supporting documentation you intend to reply on in court.

(Income and Expenditure Form attached).

 

What I don't understand now is they are still saying the account is considered terminated

but then ask me to complete an expenditure form with an offer of repayment.

 

Does this mean they will now consider my offer? If so, should I agree to the fixed monthly amount I should be paying or go lower?

 

Should I pay the arrears in full or offer a smaller amount on top of the regular payments?

[dx100uk]

you need to action post 15 [reclaim charges stuff]

 

then write to them with that reclaim and your monthly offer

 

read the letter carefully, they 'consider' the agreement trerm'd ..not IT IS..

 

dx

[davisj003]

Thank you, yes does say "considered terminated". What reason do I give about reclaiming charges?

[garage flower]

 

What I don't understand now is they are still saying the account is considered terminated

but then ask me to complete an expenditure form with an offer of repayment.

 

Does this mean they will now consider my offer? If so, should I agree to the fixed monthly amount I should be paying or go lower?

 

Should I pay the arrears in full or offer a smaller amount on top of the regular payments?

 

Should they collect the car you are very likely to still have an outstanding balance. They are looking to see how much you can afford to pay towards this outstanding balance.

[davisj003]

as in the whole amount or monthly payments?

[dx100uk]

they are PENALTY charges and thus unlawful.

 

can I suggest you type in

advantage finance in our search of the grey top toolbar

 

lots of good info there

 

dx

[davisj003]

will do thanks

[dx100uk]

if push comes to shove

 

you could still ask for VT.

that will mean 50% to pay - minus what the car brings at auction.

 

or if they are being really charitable

you could offer to sell the car privately.

 

dx

[garage flower]

 

you could still ask for VT.

that will mean 50% to pay - minus what the car brings at auction.

 

 

The agreement has already been terminated. It can't be terminated again.

[dx100uk]

the op says:

What I don't understand now is they are still saying the account is considered terminated

 

advantage are a funny lot they never do anything properly

 

go read that long thread on them

 

dx

[sequenci]

You cannot VT once a regulated HP agreement has had a default notice served and expired, it's simply not possible.

[dx100uk]

aw!

 

change the rules quick......

 

well we only have ADv's word one was sent going by the OP's previous posts.

 

they tried the same with ads_uk and then admitted they didn't send a DN out.

 

as this is advantage I wouldn;t believe a word they say.

 

to the OP:

have you received the DN yet?

 

dx

[garage flower]

Post #14 suggests the OP has had his/her notice of termination through the post.Surely we should be giving advice based on the information we have on each individual case rather than referring to other people's problems with a company. The argument in this thread is different to that one. Also that thread appears to have been left without conclusion. Perhaps we should wait on an outcome to that one before reffering to it as a means to beating Advantage.

[theoldrouge]

seems to me Advantage supposed they could go the usual easy route.

 

OP would not know their correct position,

would hand over car,

which would be sold at auction and the op chased for the balance.

 

However OP chased them off and they realise they will have to get a return of goods order,

which the op can challenge in court.

 

As the car is important to the op who wishes to keep it,

and states they can afford the contractural payments,

I would suggest the most pressing need is to stabilise the car situation.

 

I would suggest that for now you return the I & E form to advantage,

divide the arrears by the number of months remaining on the contract

and add that payment to the contractural payment and send them that offer if comfortable with that.

 

Make a copy of your offer and send by special delivery(6.70) but tracked and signed for.

 

If they accept in writing ok, if not at least you can show the court

that you have attempted to agree a way forward. Having stabilised the position,

 

we can then help in Formal Complaints as regards the charges and probably useless insurances,

and the way in which advantage have handled your account.

 

This can then be referred to the fos in the case of a negative response

[davisj003]

Hi All I have just completed a statutory credit report on Equifax for £2 and there is no record of me having finance with advantage finance, no credit search and no default notice. Surely it should show up on this??? Any help anyone???

[dx100uk]

should do yes

have you moved?

 

dx

[davisj003]

no been in my house ten years

[dx100uk]

strange

 

makes no odds really though sadly

that it does not show

 

dx

[sequenci]

Do bear in mind also that reporting to the credit reference agencies is optional and not mandatory. Also, they might just opt to report to one of the other agencies.