Advantage Finance, AEO - can this be correct £10k for nothing

[steveandhelen]

Long story short

I bought a car on finance had it for three months and life changed enough that I missed the next payment and would miss further payments.

 

I agreed to them having the car back.

the repo men turned up we had a cuppa and they went with the car no bad feeling.

 

Due to family circumstances I moved house very quickly to another town to a farm yard hard to find.

 

I stopped paying into a pension and months later thought they were still taking it to find out it was an ATE £100

 

they have taken me to court for payment including interest - almost £10,000 for nothing:-x

 

Now my stupid bit:

This has been going on for over four years

(i have had depression etc and could not fight my way out a wet paper bag)

 

I have called the court for an appeal but I had to do it within 21 days

 

I wonder if I have any way out of this .

.. i feel £10,000 for nothing is very unjust

 

Looking forward to some replys ... I already know how stupid this seems:???:

[martin2006]

When was the ccj issued?

What were you ordered to pay in instalments?

 

I assume you never paid them and are now paying by way of an AoE order?

[dx100uk]

Get an sar running to advantage

There will be all manner of penalty fees repo fess PPI warranty insurance to reclaim

And I bet they didn't tell you about vt either but just went ahead with a vs whereby you pay everything rather than 50% under vt

[Laura Thyme]

the repo men turned up we had a cuppa and they went with the cat no bad feeling.

 

Due to family circumstances I moved house very quickly to another town to a farm yard hard to find.

 

I stopped paying into a pension and months later thought they were still taking it to find out it was an ATE £100

they have taken me to court for payment including interest - almost £10,000 for nothing:-x

Did you not receive any paperwork? First it would have been a claim form, over four years ago. As you did not respond, they'd have default judgment for whatever sum they'd entered on the claim form, default judgment doesn't look at the arguments. Later on you should have received notice of an application for an attachment of earnings and an N56 form to fill in. Sounds like all this was sent to an old address, however, they must have known who your employer was for them to approach them directly and request the AoE.

Now my stupid bit:

This has been going on for over four years

(i have had depression etc and could not fight my way out a wet paper bag)

 

I have called the court for an appeal but I had to do it within 21 days

I wonder if I have any way out of this .

.. i feel £10,000 for nothing is very unjust

An appeal would only apply to a judgment issued at a hearing, i.e. if you had been present in court and lost, you could appeal, but you'd have to do it within 21 days. What you're looking for here is a set aside application rather than an appeal. A set aside applies to default judgments, i.e. when you were not aware of the judgment.

 

Although the court also takes into account the timeliness of the application, many people only find out they have a CCJ years later, for example, when they get refused for credit or check their credit files. If you didn't know about it, you couldn't have applied for set aside until you were aware of it. The one problem I can see here, is that your creditor has had an AoE running against you for four years, and it would be very hard to convince the court you were not aware of it, nor did you make enquiries about it all these years.

[Laura Thyme]

When was the ccj issued?

What were you ordered to pay in instalments?

 

I assume you never paid them and are now paying by way of an AoE order?

It sounds like a default judgment the OP was never aware of, they are not exactly unheard of and they are usually forthwith. If the OP was not aware of the judgment, he wouldn't have applied for a redetermination, nor made any payments.

[dx100uk]

get that sar running today.

 

we've seen before that advantage make numerous convenient mistakes

like they already knew the defendants real address but filed to an old address .

 

devil is always in the detail with advantage

they always slip up

[Laura Thyme]

get that sar running today.

we've seen before that advantage make numerous convenient mistakes

like they already knew the defendants real address but filed to an old address .

devil is always in the detail with advantage

they always slip up

The OP will still have to apply for set aside and explain why he didn't do anything about it in four years, when he had an AoE running all that time.

[martin2006]

The OP will still have to apply for set aside and explain why he didn't do anything about it in four years, when he had an AoE running all that time.

 

There isnt anything stating that the ccj was 4 yrs ago, rather that it all began 4 yrs ago, hence the reason for asking questions before giving advice.

Im not suggesting that the advice is wrong, more that as yet, there isnt enough info to give correct advice, still waiting gor the OP to come back.

[Laura Thyme]

There isnt anything stating that the ccj was 4 yrs ago, rather that it all began 4 yrs ago, hence the reason for asking questions before giving advice.

Im not suggesting that the advice is wrong, more that as yet, there isnt enough info to give correct advice, still waiting gor the OP to come back.

It's not advice, just suggestions regarding possible courses of action. Forums are not really for advice as such, we don't even know the full OP's circumstances.

[AndyOrch]

It's not advice, just suggestions regarding possible courses of action. Forums are not really for advice as such, we don't even know the full OP's circumstances.

 

What is this forum for then Laura ?

 

And you cant apply for a redetermination on a forthwith judgment...its an application to vary (n245)

 

Regards

 

Andy

[Laura Thyme]

What is this forum for then Laura ?

Forums are for suggestions, ideas and sharing experiences and info. Advice as such is best left to those who are authorised and/or qualified to give it, and who also have full knowledge of the circumstances of those they're advising, have seen all the relevant paperwork, etc. which we haven't

And you cant apply for a redetermination on a forthwith judgment...its an application to vary (n245)

You can apply for redetermination within 14 days and there is no fee to pay, after that, you have to do the N245 and pay a £50 fee.

[AndyOrch]

Not on a forthwith Judgment....

 

 

Right of re-determination

 

14.13

 

(1) Where –

(a) a court officer has determined the time and rate of payment under rule 14.11; or

 

(b) a judge has determined the time and rate of payment under rule 14.12 without a hearing,

either party may apply for the decision to be re-determined by a judge.

 

(2) An application for re-determination must be made within 14 days after service of the determination on the applicant.

[steveandhelen]

They took me to court in 2012

 

Portsmouth Court

 

No I didnt pay as circumstances changed and couldn't pay.

which is why I gave them the car back

 

The car was £4500

 

I thought they would sell ir for about £2500 (cheap)

 

and I would need to pay the rest about £1500

 

but its nearly £10k

 

you are correct they did send things to my old address

 

the fact that I had depression stopped me doing anything except what i needed to do to live.

 

I have also been trying to do something about this for 18 months now but keep coming up against the 21 day appeal

[dx100uk]

what paperwork do you still have S&H anything?

[steveandhelen]

Starting the SAR now

 

will get it posted tomorrow. Do I do this then the set aside?

 

Thank you to everyone who has commented

 

I have some as a friend got me some things I'd left and a load of letters from the house I moved out of and put it in storage for me.

 

 

I left it there for about two years when I had room for the stuff I'd left.

That is when I started to see all this about the court etc.

 

I just gave in and accepted that I had to pay ... the court said so.

 

Then I had a light bulb moment and thought I can't pay out £10,000 for nothing and started to try and do something but everyone always says you too late to appeal.

 

Now thankfully I found this web site and how much you cover

 

what paperwork do you still have S&H anything?

 

what do you think I need?

I might have it

 

I will find the paperwork I have and send off the SAR tomorrow

 

I am working so won't be able to get back on until about 8.30 pm

 

 

Thank you all

[martin2006]

Wait

Till you have the SAR info back before doing anything else.

 

When did the AoE begin, how long have you been having deductions from your wage?

[dx100uk]

i'd let things settle for now and get everything you can together

 

 

as the CCJ was 2012 it might be a tall order to get it set aside

however, you might well find enough to reclaim to offset the amount owed

or find mistakes that null the outstanding balance

but that's a way down the road yet.

 

 

are you actually paying anything at present?

[steveandhelen]

£100 per month comes out my wage every month

it went to court on 12/09/12

So I have paid quite a lot

 

Wait

Till you have the SAR info back before doing anything else.

 

When did the AoE begin, how long have you been having deductions from your wage?

 

it went to court on 12/09/12 £100 per month

[dx100uk]

so about £5k in total

don't worry

if yo've over paid

we'll get that back too

one step at a time.

dx

[theoldrouge]

Starting the SAR now

 

will get it posted tomorrow. Do I do this then the set aside?

 

Thank you to everyone who has commented

 

I have some as a friend got me some things I'd left and a load of letters from the house I moved out of and put it in storage for me.

 

 

I left it there for about two years when I had room for the stuff I'd left.

 

 

 

 

what do you think I need?

I might have it

 

I will find the paperwork I have and send off the SAR tomorrow

 

I am working so won't be able to get back on until about 8.30 pm

 

 

Thank you all

A copy of the original agreement would be very useful

[steveandhelen]

So

All printed signed posted also sent registered post can be tracked. Sent past addresses and proof of current address. oh yeh and £10 postal order

 

 

Thank you again everyone

[steveandhelen]

Hello again everyone

I have received a CD rom with all the letters and credit searches Advantage done on me.

 

Now I don't know what to do with it

 

Please can you still help me

 

Thank you in advance

[dx100uk]

We need to see the original agreement and all the statements and any court stuff

Follow the upload

 

Do it to one multipage document then PDF that

[steveandhelen]

I have moved a few times since this so didn't remove my address

 

 

not very good at this sort of thing :???:

Should I just sent it all? :

1 A42918 C48686 Notice - Default sum.pdf

shoreham report.pdf

A42918 nccheck.pdf

A42918 C48686 Notice - Default sum.pdf

2 A42918 C48686 Notice - Default sum.pdf

[dx100uk]

You need to redact things

Attachments hidden

Put them all in one multipage document