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I've now sent the charges part off. I've treated this as one long loan with the higher of the two interest rates as the interest rate. Just need to finish off the insurance reclaim, hopefully can catch the post later today for that. I'll keep you updated as to progress. I expect Advantage to fight, but I'm ready for them.

Hopefully the last question for now, hoping to send these off today/tomorrow. As there are two accounts, I've completed a CISheet each. However, to compare I do have an 'all in one' for both accounts available. How do I account for the rollover from account 1 to account 2? There was a balance remaining which was refinanced into the 2nd loan. The first CISheet also has an ending balance. Do I enter the rollover balance or the rollover from the calculations, or both as the first entry on the newer sheet? The amount rolled over from account 1 to 2 is about £400 lower than the CISheet 1 charges/interest figure. Also - theoldrouge, I do have both agreements. I'll get them posted up, but may be a couple of days until I can find time to redact them first. Thank you.

I didn't have full records of both accounts, so after requesting and receiving these I've now completed my spreadsheets. However, whilst checking my calculations, I'd noticed an anomaly in the way they structure the account, and I'm concerned it may affect my claim. Thought I'd double check before sending something that may be incorrect. According to their statements, they add things in this order: 1) Advance for the vehicle 2) Acceptance & option fee 3) HP interest 4) Insurances 5) Insurance interest 6) Repayments/Charges etc. They appear to have structured the account so interest has already been worked out at the outset - it is not added separately or after the event. Any further fees on the account do not appear to attract interest. I've used the CISheet spreadsheet to compile my charges, but this implies that interest has been added onto the charges, and from what I have seen it's not. As Advantage tend to fight all the way to County Court, I don't want to end up having it thrown out due to asking for something they haven't charged for. Am I correct in this assumption - that if they've not charged the interest on the charges I can't claim it? If so, is there a more appropriate spreadsheet template that I should be using? Does the 8% statutory interest apply in this case? I'm assuming that the insurance claim would be using CISheet due to the fact they've put it on the account before the interest was worked out so I'll continue with the insurance claim as I did with my PPI reclaims.

He hadn't, but I've had a good read of his thread. Going to go over it again later and take notes. Regarding my insurances - does the 6 year statute of limitations still apply or is it only a certain time from when I'd become reasonably aware I was mis-sold, as it was with PPI reclaiming? I'm considering claiming for the insurances on the 2007 car loan as well as the 2010 one. May treat as two claims, but around £1000 from loan 1 rolled over into loan 2.

Hi again DX, Sorry for the 2nd thread - I'd thought I'd discussed this previously but couldn't find the original threads when I searched. I've been under so much stress regarding this that I just completely withdrew from everything. Only realised now it was depression, that's the main reason why nothing was done before. No doubt prompted by the extreme pressure that Advantage were putting me under. I've done the spreadsheets already for the charges, so I'll get something sent off tomorrow. Is it still v101 of the CISheet spreadsheet?

Hi all, I've had the misfortune to deal with Advantage, due to past credit problems. I was in the situation where due to my work involving a lot of travel, I needed something reliable to get me from A to B. I took the loan out in late 2010. Despite not wanting any insurances, they 'sold' them to me by lowering the interest rate considerably depending on what I took out. Seems a little odd to me that it's cheaper WITH insurance, rather than not but I digress. I took out GAP, MBI and Motor Protect Plus. When I came to collect the car, I signed all the paperwork and went off on my way. It was only a couple of weeks later that I realised that the dealer (Creditplus) had included their own warranty with the car. I contacted Advantage at the time, only to be told that it was too late to remove the insurance. Apart from that, all went well until later that year. I was a contractor, but had been in the same position for nearly 10 years. With less than a weeks' notice, my client let me go. It turned things upside down financially. I called Advantage that same day as I wanted to deal with things properly. I agreed to pay them a token amount that was around £90 (usual payment is nearly £300). They also verbally agreed that charges would be waived. I was out of work for a total of 6 weeks before finding suitable work. Unfortunately, the job I found paid around £6k less than I had previously. This caused some further issues, as I had to tighten my belt significantly. With Advantage's agreement I continued paying £90 for 3 more months before negotiating payments of around £150 for the next year. I had then been promoted enough in my new position to be near my previous wage, however still around £3k down. I explored my options which included requesting a VT. I decided to continue paying for the car as it was still needed, and as such I arranged shortly after to start to pay the original contracted amount. In the meantime I discovered that Advantage were charging me the whole time I had been paying a lower amount. Wherever they could get a charge applied, they'd done it. Mostly 'Arrears Management Fees' but where possible phone or text charges. A few months after this discovery I SAR'ed them. I had the misfortune to deal with the extremely arrogant and rude Pam Sizer who thought she could dictate to me what they could and couldn't supply under a SAR. Eventually I'd got her to supply everything that they could get hold of. Unsurprisingly no record of any call where they'd agreed to waive charges or any recordings of calls. That is until I pushed harder - the most she could find was a recording of me asking for a balance from a few months previously. That's it. Almost as if they'd deleted or denied knowledge of anything incriminating. Since I'd previously lost my job, I've been experiencing many financial problems. As the next few months after getting back into employment I relied on payday loans, Provident etc, it's been like this ever since. Although I'm getting back on track now, I don't think there's been a month in the last 3-4 years where I've not had bank charges or owed one short term lender or another. Regular direct debits bouncing include council tax, water, utilities etc. I either end up paying more over the next few months or dip back into a short term lender to 'help'. I'm fairly sure I was in hardship for most of this time. Advantage have been aware that my salary is lower and I'm struggling. Yet they have continued to charge. I know it's a difficult question to answer, but would I fall under the hardship criteria and therefore be eligible to reclaim charges? If so I can start taking steps to build my case. On potentially a separate but related note, the very last payment to Advantage is due in the next few days. It apparently consists entirely of charges as the account was theoretically paid off in November. I'm planning to tell them that I consider the account to be in dispute - can I potentially refuse to pay this amount until resolved at this stage? We're talking just over £100, so peanuts to them. Finally, I've been monitoring my credit record in regards to this account. They'd shown me to be owing around £500 less than my balance every month for the last few months. They showed a balance of just over 1 payment in December, then again updated it in January to be about £3 more. I'm yet to see this month's update but concerned that they're reporting the wrong value - could I also use this as grounds for dispute? To summarise, what I'd ultimately like from them is: a) Two of my insurances back. In particular the warranty as I ended up having two running at once. If possible the GAP insurance as well - I told them I didn't want it but they waived a carrot of lower repayments - could it be suggested that I'd have been penalised with higher repayments if I didn't buy them? b) My charges back. I'd like to think I can claim hardship but is this possible and would it be appropriate in my circumstances? c) Can I stop the last £100 or so from being taken at least for now as the account is in dispute? Thanks for reading and for any replies.

They're now sticking to their 'calls are deleted after 6 months' line, despite threatening to use a call over this limit against me in the distant past. They've also advised that they've got no internal communications by email regarding me. Funny thing is, I've had plenty of times when I've called for a specific person who hasn't been available and they've emailed them with a message. They've also not got any communications with external suppliers regarding my account. Again, I'm not sure how they've managed to administer a repair on the first car, or deal with the insurers without writing to them. It seems that they think that unless they've scanned the communication at the time, they don't have to supply it. I've ensured I've corrected them, but they insist they're right. It's going to be pointless referring them to the ICO, as I've discovered first hand how toothless they are. I've asked them to advise me that they consider this their final response. Time to refer the complaint to FOS - even if it doesn't go my way at least I'll be satisfied that they've had to pay for an investigation. Even if I don't refer it to the FOS, now they've confirmed they don't have any more information, then they're going to find it very difficult to rely on communications to defend themselves against the charges claim. Their insistence on being difficult is only strengthening my resolve to hit them where it hurts. The original plan was to get just the charges back, but I'm now considering the various insurances on the account mis-sold and will be looking into them.

I wonder if anyone is available to take a look at my PoC to see if it can be submitted or whether I need to make any amendments. As mentioned I'm not sure whether to claim interest as-is or in restitution. The card account is still open. Hoping to sort this out towards the end of the week as I get paid tomorrow and can just about afford the court fee. Thanks.

I've now had the 'full' SAR, they insist that nothing else exists. Unfortunately they don't have details of the conversation I had with them. Despite advising me in the past that they have phone call recordings going back years. I've followed that up with a number of emails to them asking why they haven't included various items, but again being met with an insistence that they've supplied everything. It was only this morning when I asked for a 'final response' so I could refer the matter to FOS that they suddenly decided that they needed a chance to 'resolve' my complaint. It's amazing what happens when they're facing an £850 bill for the referral.

It depends what council, (in my case South Somerset) but twice over the last 3 years I've sent Ross and Roberts packing by sending them a letter (and also faxing it) advising them that I'm withdrawing their right of access (there's a letter somewhere on here with the full text). If they then call at your address they're breaking the law (and can't legally enter your property). I also sent a copy to the Council, also advising them what I've done and that I won't be dealing with Ross and Roberts and offering a payment plan. Once that's done, it's surprising how the council will then deal with you. About 4 years ago I made things so difficult for Ross and Roberts, that the council ended up intervening. I still had to pay Ross and Roberts that time, but no walking posession order was made. There should be nothing stopping you making payments to the council. Use their online system, or send a cheque. Ross and Roberts' system won't accept payments until an agreement is set up. Another suggestion to see what else you can do and what they can and can't do is to buy the 'Bailiffs - The Law and Your Rights' book via the CAG - not only is is worth more than the cost, but CAG get a little bit so you're helping the site as well.

Here is my PoC. I'm interested in claiming Interest in Restitution, but wasn't sure how to change the standard PoC to effect this. Is there any pitfalls to claiming such interest, and how would it differ from claiming as I currently am (I'm using what I believe to be the card rate of 34.08% for my claim). I could of course be confusing myself - there are so many different PoC's about. I opened the card account around July 2007. However the only T&C's that I could find were from Oct 2007. Will this cause a problem? Today is the date that the LBA letter runs out, however it won't be until later this week until I can get to the court. Can I take this to my local court or do I send it to Salford?

The LBA expires on the 19th of this month. As it's unlikely that Capone will have a change of heart prior to this I'm now writing the POC. As mentioned I don't have a copy of the T & C's from the date I opened the account (July 2005). I've seen one or two around this date which may or may not be the same so if I can't find them I'll use these. I've got the draft set up already waiting for the court form. Shelley's thread was very helpful and I've adapted it for my PoC. I understand the process has now changed. Can I still make the claim via my local court or does this now have to be sent to Salford? Can I pay by card (seems a bit backward if they're going back to payment by cheque!). I've also attempted to make a start on my bundle (not printed out, just arranged in a folder ready to be printed when the time comes). However, none of the links to the current bundle work. Is this still in the library or has this been removed. If it's not there, is there another bundle or set of links I can use to sort my own bundle?

I've been with SSE since I moved into my house just over 6 years ago. After about a year, Scottish Power started sniffing around, despite telling them no they were persistent. I agreed to a quote only, which seemed to get rid of them. After a few weeks, SSE wrote to me advising that they'd had an approach from another supplier. I called them advising them that I hadn't authorised it, but still the transfer went through. I was only aware of it fully happening when Scottish Power started sending through bills. It took some time to sort it out and transfer it back, involving lots of calls to SP. I'm now back with SSE, however Scottish Power have been previously writing to me regarding their bills. I've said to them that I never authorised the switchover. I've told them that if they can get the bill transferred to SSE as if they'd never stolen my supply in the first place, then I'd be happy to pay. I didn't refer this to OFGEM at the time as from what I'd been reading they appear to be useless and generally side with the supplier. Recently I've checked my credit file and they've registered a default. Firstly, I thought only companies covered by the CCA could register a default? Secondly, I didn't get any paperwork regarding the default, I was under the impression that a default couldn't be registered without a process being followed? Do I have grounds to get this default removed as I feel it's not been registered correctly. As I've said I've got no problem with paying it, but I feel SSE should have the money and not SP as SP stole my custom without my authorisation.

Unfortunately it wasn't in writing. However I do recall discussing this with Advantage at some point during the negotiations. If Advantage do record their calls, as they've insisted to me many times in the past it may show up - unless they've 'accidentally' deleted it.

The first car only had a 3 month warranty. At the time I wasn't given any option to extend this, was told it was because of the age of the vehicle. I did speak to Advantage at the time the turbo failed, their only option was to suggest refinancing. In terms of statements, I've got a patchy history from the first loan, and the second loan I'm missing about 6 months. I've had nothing from the SAR as yet, hoping that this drops through my letterbox any day now. I've had a search for threads this morning, seems like Advantage like to sail very close to the wind and are nothing short of bullies. They make Vanquis / Provident look respectable! I definately got had - the only reason they exist is to take 'advantage' of the poor or vulnerable.

I've had two loans through (Dis)Advantage, the 2nd I'm currently paying off. The first loan was from about early 2007 until late 2010, the second loan late 2010 and still running. Not 100% on dates but as soon as I've got the paperwork I'll update the thread. I don't think I had PPI on either of them, but got signed up to other insurances, including GAP. I've sent a SAR to them and I'm currently awaiting a response (no response to my preliminary letter, LBA received by them yesterday giving them a further 14 days). Both vehicles were bought via Creditplus in Poole. On both occasions the paperwork was signed at Creditplus' premises. I recall for the 2nd loan, I was required to call Advantage to 'agree the terms of the loan'. In this call I was aggressively sold various insurances, motor protect, GAP, mechanical breakdown. I'd initially refused these but the salesperson reduced the interest rate if I bought them. I felt compelled to buy them (less to pay every month). I felt they were taking 'advantage' of my financial position, knowing that I'd take any option to reduce my payments. What I did find is that I ended up with 2 warranties for the car. Creditplus had given me 6 months, Advantage had also given me a year. I called both shortly after, was told that it was tough - I'd signed the paperwork. During the first loan I had a few late payments. Collection activity was aggressive, as seen by many people on here. I was stung for various charges, I predict that I ended up paying at least £1000 more than necessary for the car, possibly more. In the last 6 months of the loan the Turbo failed on the motorway - the cost of repair was more than the car was worth and I had no option but to replace it, leading to the 2nd loan. About £1600 of the remainder went onto the 2nd loan. During the 2nd loan, partway through I lost my job. For a few months I was paying a low figure, the following few months half payments. I then started to pay the contracted amount and due to some success with previous PPI reclaims I paid £1000 lump sum. At the moment I understand that I'm still just over £1000 in arrears. They're 'helpfully' writing to me every month and suggesting they take the odd £20 by direct debit. As sometimes these fail, I'm getting charges each time. Of course Advantage continue to charge an arrears management fee, helpfully adding £12 on every month. I'm fed up to the back teeth with Advantage. Had it not been for their policies of stinging the customer for as much as they can get away with I feel that I'd not only be better off, but I'd not have had to use them for the 2nd loan - I'd have had enough money to purchase a decent 2nd hand car or repair the original one. In fact when I looked into doing this a few months ago and wrote to them to VT the car, the value of the insurances made this unviable. As mentioned I've SAR'ed Advantage and they're currently in default of this, but I've given them the benefit of a further 14 days. Should I also SAR the dealer (Creditplus)? Any advice that can be given regarding Advantage? The crap that they dealt me means I'm willing to take this as far as possible.

Thank you. I'm using Shelley's excellent PoC, however one thing I'm missing is the relevant terms and conditions to quote. The open date was 25/07/2005, is there a resource available with T & C's from around that date? Alternatively is there anybody reading the thread that has a copy available?

I've just used the 34.9 rate in the CISheet and it's made quite a difference - my total claim is just short of 5k. Not bad for a card with a £200 limit and quite indicative of how much they've stitched me up over the last 6 years. As I've used the lower rate on my first letter to Capone, do I need to re-send this letter with the amended rate and re-start the clock or will a correction on my LBA be sufficient? I've got a POC sorted now, I may post this up in the next few days just to double check all is ok.

I'm currently preparing future actions for this claim. Knowing that Capital One tend to go almost all the way, I'm making sure I've got everything in place ready to go. I've done the LBA, figures done according to the date it's due to be sent, all addressed and ready to go. Just need to pop down the post office on the 2nd and post it (unless Capone decide to settle early - hahaha). I've been researching the court claim itself, but note that some of the links to the POC and bundles seem to be out of date or broken. Do you have any updated links or a sample POC that I can use? I know I'm jumping ahead a bit, but I know that if I don't do it when I've got the time and energy, I won't get it done and it'll end up put on the back burner. I understand until the point that I put the court claim in I can use the card interest rate, or do I need to pick a generic rate of, say 24.9? This was a poor credit account so it's quite a hefty rate (I think it might have been 34.9 or higher). The account is also still running. Am I correct in thinking that once the court claim has been submitted I can't use this rate and that it then reverts to 8% simple?

Thank you for this ims, I'm hoping to get this in the post this afternoon and start the clock ticking. The spreadsheet I used was similar but formatted differently. I think it may have been an older one. Just a bit of clarification on the letter itself - the last line indicates 14 days and 14 days lba. Does this mean a separate lba if they don't respond positively, or does the letter do the job of the pre-action protocol?

Hi, Last year I had a PPI claim against Capital One upheld and received the funds shortly after. After reviewing the account whilst sorting through the SAR information they'd sent me, I decided to go after them for the charges. From late 2005 until last month, I'd been charged 916.00 in late, overlimit and returned payment fees. Using one of the calculators linked to from here, this works out to be about £2800 in interest on top. I've got a couple of queries regarding this. Does the 6 year limit still apply? Has anybody been able to still get back charges even if they go further than 6 years? If I'm limited this drops about £1800 off of my claim so if its still possible I'd like to get them back. I've not seen many success stories recently. Is this because they're now winning or is it just that very few people are claiming? Is the reclaim letter still the same as the one linked to - I recall using the same letter a few years ago when chasing my Natwest charges (unfortunately missed the boat on this). In terms of interest, do I charge the contractual rate - the spreadsheet I'm using suggests it is. If not what should I charge? If it gets to court is it 8% on top once judgement is issued? Finally, is there a better spreadsheet I should be using - such as an official CAG one? Ideally I'd like to show Cap One that I mean business rather than just bumbling in with wrong calcualtions.

If it helps, I've recently put a PPI complaint in to MBNA and got my refund cheque this morning. My situation was similar to yours in that my debt of over £4000 was sold to Link Financial. Although they contact me occasionally, I CCA'd them as above a couple of years ago, they didn't produce evidence they had the original paperwork, so they can't collect it. Hopefully I can clarify what's being done here. By sending the CCA request to 1st Credit, if they can't produce it then they have no legal basis to collect the debt. This means you no longer have to pay them anything as they can no longer legally prove you owe it. Chances are they only bought the debt for a few pounds on the debt market so they're not going to lose out by much (if at all), but as far as MBNA are concerned, they've written off the debt. If 1st Credit can produce the CCA, then nothing changes, you continue as before but the chances are they won't be able to get hold of it. So, not only do you potentially get the redress, you're immediately a few grand up due to the debt becoming unenforceable. MBNA are normally quite good with Subject Access Requests. They provided me with full details of my account including transaction data from its' opening in 1995. They've also been quite quick with the PPI complaint (4 weeks) and redress (2 weeks) so hopefully you shouldn't get too much trouble on that front, however as mentioned they've been short changing some people by under-calculating the redress payment.

An update - I sent off my PPI complaint on 23/05 complete with my copy of the FOSRunning spreadsheet. The value came to about £860. Imagine my surprise to come home on Wednesday evening to find a letter from MBNA, upholding my claim. It appears that they're paying the 8% on top, which means that the redress is £1155.96. 4-5 weeks is surprisingly quick, I though they were going to drag it out. I did hear that they were miscalculating results and was expecting it to be half as much and expecting a fight. Have they now caved in and are using FOS rules for redress?

As I posted on MSE, the FSCS may be able to help. These were responsible for administering PPI complaints for Welcome and for paying out redress. Note that if this is upheld you'll only get 90% of the redress, as FSCS only protects 90%.