Advantage Finance and an attachment of earnings order

[jj69]

Hi All.

 

.Hope this is in the right forum but need some advice on a

 

HP Agreement on a written off car.

 

Got HP on a car back in June,

 

car written off two weeks later

 

insurance refusing to pay out ( still in dispute ) and

 

now keep getting calls from Advantage Finance who want updates regarding the insurance.

 

I explained it is still ongoing and

 

one of their operators today told me as the car is written off/scrapped

unless I gve then an update within two weeks they may consider going to court for a CCJ

..but obviously want to work with me on this.

 

I am still paying their monthy payment by Direct Debit no defaults etc

 

I have about two years left to run and £3000 left to pay.

 

Now i have been on these forums long enough

to know what hot air and threats these muppets are like

but in terms of the law

 

can they take me to court for breach of contract as they state as part of the terms I should have been insured.

 

On a sideline regarding the insurance I took it out on the morning before leaving for work

then had accident an hour later,

insurance say policy started on that date

but not that time as policy had not gone into force then ,

 

so my documents state that day but show a time of about 2 hrs later hence my dispute.

 

.Where do I stand regarding the HP agreement ?

[Gaston Grimsdyke]

In short, yes they can take you to court for the remaining balance due under the agreement

(though as you are up to date it's questionable what they think they will achieve by doing that).

 

 

If the vehicle was uninsured - and on the timeline you have described above, it was uninsured the first 2 weeks you had it

- you are in breach and they can terminate.

 

 

However, even if you were not in breach, it is almost certain there is a term in the agreement allowing them to terminate if the vehicle is a total loss,

whether insured or not.

 

 

This is a non-breach termination (death of the hirer is the other typical non-breach termination event).

 

 

They would have to serve the correct notices if they want to do that (under sections 76 and 98 of the Consumer Credit Act).

 

 

Provided you can prove you were insured, I would think it highly likely they would allow you to continue paying

your normal monthly instalments and they would not invoke their right to terminate.

[jj69]

In short, yes they can take you to court for the remaining balance due under the agreement (though as you are up to date it's questionable what they think they will achieve by doing that). If the vehicle was uninsured - and on the timeline you have described above, it was uninsured the first 2 weeks you had it - you are in breach and they can terminate. However, even if you were not in breach, it is almost certain there is a term in the agreement allowing them to terminate if the vehicle is a total loss, whether insured or not. This is a non-breach termination (death of the hirer is the other typical non-breach termination event). They would have to serve the correct notices if they want to do that (under sections 76 and 98 of the Consumer Credit Act). Provided you can prove you were insured, I would think it highly likely they would allow you to continue paying your normal monthly instalments and they would not invoke their right to terminate.

 

Thanks for the great reply especially the section on CCA 76 and 98 which I was not aware of.

 

..regarding the insurance is it not the case that technically I was insured under dealer insurance just not my own ?

 

If I prove that the dealer did have cover in place

then the lender will not be able to argue about not being covered.

.although as you said their may be a clause for total loss

in which case will need to study my documentation a.s.a.p.

 

If it does go to court

 

can I judge order me to pay the total amount or pay in installments ?

[Gaston Grimsdyke]

If the dealer had insurance it would have had to be fully comp,

 

but if that was the case might you be able to claim under that?

 

Either way, if they decide to terminate either for no insurance or total loss,

 

then yes the court could definitely order you to pay by instalments.

 

And as you are already doing that I can't see the point of Advantage going that route.

[jj69]

Hi all.

 

Can somebody give me a quick overview on creditors obtaining a CCJ ?

 

I managed to reduce my payment to the creditor to £60 per month

after court mediation back in June after they submitted a claim to court .

 

I have made one payment but currently have two missed payments including August due to mortgage arrears.

 

I spoke to them today to offer payment of £120 the end of August

and they state that they have submitted to court today for an immediate CCJ.

 

I don't believe this can be done without a court hearing so am I correct ?

 

I offered to pay £120 next week to clear this

but creditor says must be paid today and could I borrow money for this ,

otherwise the letter to court is being posted today etc etc..

 

I then offered £60 today and she said ok and £60 next week.

 

I challenged her over the CCJ and said it would need to go to court ,

she stated it could take a number of weeks and then proceeded to tell me

they would get a charging order for my house.

 

Now I know this is bull and scare tactics but what are the procedures for this returing

to court if I have breached the mediation stage and missed payments ?

 

By the way I can clear this by next week anyway.

[AndyOrch]

If the claim was stayed on the basis of a Consent Order or Tomlin order and you have breached that order by missing payments....most orders allow the claimant to get judgment forthwith without the need of further hearings (subject to the terms of the schedule)

 

Regards

 

Andy

[jj69]

Hi..

 

Can anybody tell me the procedure regarding CCJ ?

 

Loan with Advantage finance ,

 

defaulted and they went to claim in court,

 

got sorted via mediation before any court action by me paying £60 per month.

 

Missed payment for July and also owe August ,

 

 

called them today and they said they had applied to court

 

and I would get a CCJ and charging order against my house etc etc, the usual scare tactic.

 

Told them I would clear the outstanding £120 by end of August ,

 

they said no and could I borrow it off somebody ( breaching collection guidelines I know )

 

.If I paid £60 today then £60 next Sat they would halt the action.

 

Told the woman on phone it would need to go to court first before any CCj action,

she claimed it could go straight back to court and CCJ would be automatically be agreed by court.

 

Is she talking cr@p ?

 

By the time it gets to court I would have cleared what was outstanding !

[dx100uk]

as a side note

 

have you the agreement and all the statements?

adv always add on insurance & PENALTY charges that can be reclaimed

to reduce your bal.

 

lots here on their tactics.

 

dx

[AndyOrch]

" Told the woman on phone it would need to go to court first before any CCj action,

she claimed it could go straight back to court and CCJ would be automatically be agreed by court.

 

Is she talking cr@p ? No as per my answer in post #6 above

 

By the time it gets to court I would have cleared what was outstanding ! " Makes no odds too late.

[mjt2014]

What exactly was agreed in mediation? Was any agreement reduced to writing and, if so, what did it say?

[jj69]

Happy New Year caggers !

 

I hope this is in the correct forum but would like some guidance regarding a creditor who has got a court order

and now going for attachment of earnings despite a payment plan in place and constant communication with them.

 

The creditor is Advantage Finance and I owe around £2900.

 

I have been paying £40 per month the last few months, with last payment on Nov 18th.

 

Received a letter from court saying the creditor was going for attachment of earnings and a long form to fill in.

 

When I spoke to creditor they said Dec payment missed due to cancelled DD,

I for one did not cancel it and the creditor blamed bank.

Bank have said DD in place since July 2014.

 

I noticed that there is a section to suspend order so employer does not need to be contacted.

I don't want my employer contacted for the following reasons :

 

 

• I am a contractor who is employed by a large public sector organisation , and paid via an agency through an umbrella company
  
• My current contract runs out in Mar 2015 and I may well be under another agency.
  
• I work in sensitive areas and am Security cleared therefore something like this will almost hinder me from getting anymore contract work
  
• I am happy to pay the current £40 as we agreed but creditor is a pain in the @ss to deal with , like I said blaming bank for cancelled DD but not actually getting in touch with myself to deal wit it.
  

if I am contracting how can I put down a current employer as it may change on a 3 or 6 month basis

.

Also do I need to fill in the whole form if I want to suspend order or can I just fill in section 10 ?

 

I am tempted to offer £1 a month just to p*ss off this creditor who has frankly been a pain for the last year.

 

Any help most welcome....thanks JJ

[dx100uk]

3 threads merged for history

please keep to one thread

 

 

dx

[jj69]

Thanks for that did not realise this thread was still open

[dx100uk]

as a side issue

 

 

have you ever sent these people an sar?

 

 

there are several threads here where by people have got lots of their regular penalty fees back

as well as the insurances they levied on the agreement

and

in a couple of cases, it transpired the whole repo was unlawful too.

 

 

dx

[jj69]

Yes it was fine and no insurances were taken out which caused one of the issues in the first place.

 

I managed to get a charges returned to account as well which bought down the balance.

 

I am fine to keep paying but these creditors are a nightmare as they seem to think that by dragging it back to court

it will get paid quicker despite the fact I still have some mortgage and utility arrears to clear first !

[jj69]

After checking today

they did not take payment for £40 on Dec 16th

decided to go straight to court for AOE !!

 

 

I called today to make payment but apparently the dept who is dealing with my account are not in until Monday

and they would not take a payment over phone !!!

 

my main concern is getting this set aside a.s.a.p by returning the form !

 

Oh it also says I must return form 8 days after I receive notice and it is dated 2 Jan 2015