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MsApple

Advantage Finance, VT'd car - now they want £1800 for 'repairs'

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Hi

 

I sent Advantage an email last night and I received a reply today saying that basically they believe that the repairs when necessary and that the payment is still required. I am going to reply today but I don't know what to write should it be now in the second email that I say that I am going to the Financial Ombudsman Service or should I not mention it yet.

 

Thank you for your help

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as regards the legislation referred to it is

 

Liability of debtor on termination of hire-purchase etc. agreement.

 

(1)Where a regulated hire-purchase or regulated conditional sale agreement is terminated under section 99 the debtor shall be liable, unless the agreement provides for a smaller payment, or does not provide for any payment, to pay to the creditor the amount (if any) by which one-half of the total price exceeds the aggregate of the sums paid and the sums due in respect of the total price immediately before the termination.

 

(2)Where under a hire-purchase or conditional sale agreement the creditor is required to carry out any installation and the agreement specifies, as part of the total price, the amount to be paid in respect of the installation (the “installation charge ”) the reference in subsection (1) to one-half of the total price shall be construed as a reference to the aggregate of the installation charge and one-half of the remainder of the total price.

 

(3)If in any action the court is satisfied that a sum less than the amount specified in subsection (1) would be equal to the loss sustained by the creditor in consequence of the termination of the agreement by the debtor, the court may make an order for the payment of that sum in lieu of the amount specified in subsection (1).

 

(4)If the debtor has contravened an obligation to take reasonable care of the goods or land, the amount arrived at under subsection (1) shall be increased by the sum required to recompense the creditor for that contravention, and subsection (2) shall have effect accordingly.

 

However personally I would commence a written letter sent(by special delivery)headed Formal Complaint as regards both the GAP/ insurances

and rebutting each and every section of their claim

In addition to reclaiming the collection charge(trading standards view the distance that you travelled to purchase the car in the first instance

as a reasonable distance for return)

they then have 8 weeks to give a final response, after which the matter can be forwarded to the fos

 

However knowing Advantage this is going to require a great deal of persistence on your part

 

Can we see a copy of the original agreement please


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Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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This letter did originally have the Shoreham Auction logo on it, I just took off my personal information.

 

I realised that I need to quote CCA 1974 but what do I need to say specifically. I am really struggling to write this email.

 

Also I can't find a form to claim PPI on the FOS website for Advantage, just lots of banks. Does anyone know if there is a generic form? I really want to claim my insurances back.

 

 

Thanks guys

 

 

http://www.financial-ombudsman.org.uk/publications/technical_notes/ppi.html


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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this thread although in the end only part sucessful, gives a few hints and shows the persistence needed

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?329067-Advantage-Finance-HP-Car-failed-after-1yrs-still-paying-HELP


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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I have spoken to the fos and they have sent a letter of complaint on my behalf to Advantage. They should get back to me and then I will lodge a formal complaint via fos to Advantage should they not give a satisfactory response.

 

I had posted the agreement a couple of days ago minus the personal information. I hope you can help.

 

Thanks

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I cannot seem to see a copy of your original agreement from 2013


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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Hi,

 

Not too many questions at all, I am really thankful for your advice.

 

Yes have a copy of the condition report, just a pink copy of the original.

 

I am unsure of the last contractual payment. I just checked and the car was collected on 12th oct not 19th as I previously said. I cancelled my direct debit when the accepted my VT so I missed Septembers payment but when I received the letter that I owed £330 odd (attached) , they said they could take it in 2 payments, oct and Nov so I paid october 20th the 1st half. Yesterday the sent me a request for £24 in late fees (also attached)

 

Thanks for the advice regarding the PPI, I will start doing that straight away.

 

.[ATTACH=CONFIG]60074[/ATTACH][ATTACH=CONFIG]60075[/ATTACH][ATTACH=CONFIG]60076[/ATTACH]

 

 

Hi,

 

I posted it on 1st Nov with the 2 other letter I got more recently.

 

I took off all the personal details and may have also taken off the dates!

 

 

thanks

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says it all that on a car worth probably around £2500 trade on sale, they manage to sell and recommend insurances of £1490 at 42% interest

total payable £2682


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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says it all that on a car worth probably around £2500 trade on sale, they manage to sell and recommend insurances of £1490 at 42% interest

total payable £2682

 

Exactly! I have noticed that some people are using spreadsheets to show how much the have paid for ppi/Gap. Do I need to do this or should I wait the 8 weeks for a response to my complaint via fos?

 

Do you recommend I complete a sar?

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sar is a must as is a spreadsheet

else how do you know you've not been short changed

even if they do cough?

 

 

dx


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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sar is a must as is a spreadsheet

else how do you know you've not been short changed

even if they do cough?

 

 

dx

 

Oh goodness I just found the spreadsheets. Complicated or what... All 4 have a different aim...

 

I will do the SAR tomorrow, I assume there is a templae on here somewhere.

 

I am just so nervous, this just seems like it's gonna go on forever!

 

Thanks so much everyone.

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its easy

 

 

click SAR for the template


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Hi all

 

I received a settlement figure of £400 from Advantage that I accepted. That was for what they said I owed on the account plus £200 odd for repairs.

 

It's an ok result although I feel like I shouldn't of had to pay anything but just to squash it and get them out of my hair, I accepted it. I won't be able to claim the ppi as that was a condition of the closure and they were claiming there was no overpayment. I am relieved to not have to pay £1800 but still feel like I was had!

 

Thanks so much for all your help and advice.

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Hi all

 

I received a settlement figure of £400 from Advantage that I accepted. That was for what they said I owed on the account plus £200 odd for repairs.

 

It's an ok result although I feel like I shouldn't of had to pay anything but just to squash it and get them out of my hair, I accepted it. I won't be able to claim the ppi as that was a condition of the closure and they were claiming there was no overpayment. I am relieved to not have to pay £1800 but still feel like I was had!

 

Thanks so much for all your help and advice.

 

Sorry, but if PPI has been missold, they cannot make it a condition that you do not claim it back. That is reducing or taking away your consumer rights and a criminal act.

 

Put in a claim.

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