Can anybody blow a hole in this advantage finance CCA

[danukindebt]

HI All

 

Any Advice appreciated, long story short

 

Desperate for a car in 2004 to keep job/feed family etc

Bought a high mileage piece of junk

Dump car back at (dis)advantage finance after 2 years as knackered

They get me a CCJ and I have to pay 40 quid a month for 4 years

Pay 40 quid a month for 7 months then stop due to finances to tight

They are now going for charging order on me house in 6 weeks for outstanding 1800 quid

 

Want to know if this cca is enforceable ??????

 

 

[42man]

Have you got the default notice ? - http://www.consumeractiongroup.co.uk/forum/legal-issues/170345-tale-dodgy-dn.html

[danukindebt]

I got a letter about going to court for the CCJ, did not sign for it and denied it but just got ignored, it was like the judge was the the other guys best buddy, 2 peas in a pod out to rip me off for all they could(goverment mule)...................... but nothing on the default of the payment aggreement of 40 pound a month.

[danukindebt]

:)bump

[danukindebt]

Hi

 

A hire purchase company is taking me to court over a car.

 

I returned the car and they are claiming interest in court for the full 48 month term of the loan although they terminted 16 months early.

 

Can they do that.

 

Please advise, much appreciated

dan

[palomino]

You need to read the small print.

 

This type of provision in the loan agreement is quite common.

[danukindebt]

okay, I have read the hire purchase agreement I signed and it does not say anything about it.

 

If they end the agreement early I just cant believe they can claim the interest for the full term of the loan, it just seems so unfair.

 

anyone have a legal view on this?

[postggj]

Can You Give The Name Of The Finance Company And How Old Is The Agreement

[danukindebt]

The creditor was Advantage finance and I signed on 1-7-2004

Edited April 7, 2009 by danukindebt

[postggj]

its looking good for 2004

 

can you post the agreement and any default notice on your thread

 

deleate all personel details and post

 

google photo bucket for the program and up load without thumbnails option

[freakyleaky]

danukindebt I have unnaproved your post as you had left signature showing and other personal details.

 

(Thanks Blindasabat)

[danukindebt]

okay sigantures removed

 

Edited April 7, 2009 by danukindebt

[pompeyfaith]

still has your signature on PF

[danukindebt]

No it does not, try refreshing your browser, well not a legible signature(i scribbled through it)

[pompeyfaith]

Bottom left hand corner where it says customer signatures i can still see it so a creditor will be able to see it.

 

This forum does get creditors coming in as guests and can match your signature to documents.

 

Only trying to be helpful in protecting your identity

 

PF

[danukindebt]

ANYBODY???????

My question is

 

"Can you claim interest for the full term of the loan if the full term was not reached?"

 

My opinion is this cannot be true as they would be claiming interest for in my case 16 months into the future, surely not.

 

Otherwise why would lenders not terminate all loans everyone has and claim the interest for years ahead,,,it does not add up, come on caggers dont let me down.

 

cheers

dan

[postggj]

can you post up the default notice

 

its important

[danukindebt]

ho postggj, I think this is it

 

[postggj]

is that it

no actual default notice

[postggj]

have they issued a county court n1 yet

[danukindebt]

hi

 

here is the default notice

 

yes I got a CCJ and paid some installments, but could not afford to keep up, they have now started charging order proceedings, so when I go back to court I want to argue the outstanding arrears is just the interest for the remaining term of loan not reached, unless you have better suggestion, what were you thinking about with this default notice below

 

[postggj]

for a creditor to default an account, 14 days must be given to rectify the default

 

letter dated 1/3/2007

rectify the breach by 15/3/2007

thats 15 days

 

ok , you think they have done things properly

 

but they need two days for service i believe

 

wait for more replies but its looking good

[danukindebt]

thanks for looking postggj

 

but,,,,, you lost me, the default notice is in good order

 

so what do you mean its looking good??

[postggj]

14 days to rectify default plus 2 days for service is 16 days

 

they are one short

 

wait for confirmation though

[danukindebt]

postggj

 

they terminated on 21/3/2007 so thats 21 days they waited, I wont be getting anymore letters this was 2007 you know, or am I missing something