advatage finance charge claim ****WON****

[simpson_eh]

im coming to the end of my car finance agreement 2 months left but can i claim the charges back??? i have all my statements from them and it equals just over £400 in charges.

 

one thing i have noticed is that i only owe according to them £524.30 but in the same letter received today they are changing my dd to £220 a month for next 3 months ??? doesnt add up but also checking my credit report that is up to date and says i only owe £400 odd any advice on this please and as i dont have to send a sar do i just move onto the next letter if i can still claim

 

may thanks

 

Tony

[maroondevo52]

Don't see why not, these charges ar re-claimable.

[simpson_eh]

what letter template do i use, the only one i can find that sort of matches is the credit/store card on. can i claim the £12 arrears management fee they keep charging me?

 

also could i get a default notice removed even though i only had just over £200 worth of charges at this point but that could of payed the last payment

[maroondevo52]

what letter template do i use, the only one i can find that sort of matches is the credit/store card on. can i claim the £12 arrears management fee they keep charging me?

 

 

Hi,

 

Just edit the credit/store card template to suit, yes you can claim the £12 fee, not sure about the default

 

Regards.

 

Scott.

[simpson_eh]

we ll got the usual letter back today saying charges are fair etc and that they havent defaulted my account lol but 1 of the charges say default notice fee lol, oh well onto the second letter

 

which letter do i use as the lba letter says failure to respond on it which they have done

 

thanks in advance

 

Simpson_eh

Edited June 9, 2010 by simpson_eh
adding last para

[maroondevo52]

Hi,

 

Just change the failure to respond to 'In reply to your letter'............

 

Regards.

 

Scott.

[simpson_eh]

ok

 

so they havent bothered to respond to my lba so now onto the mcol submission, what can i type into the details box on the court papers and any ideas how to word it so they dont think they are a bank and throw it, want to issue this tonight so i know its done so a fast responce would be much appreciated

 

many thanks

 

Tony

[simpson_eh]

okok. Have issued court proceedings again advantage. And had a phonecall today asking if ij minded if they applied for 56 day stay to look through the account, I said I did mind so what happens now, was. Issued on the xxxx Not sure where to go from here

Edited July 2, 2010 by MARTIN3030

[simpson_eh]

Hi All

 

i had there letter today from the court with the questionaire asking the usual stuff but also a copied letter from advantage asking for the 56 day stay to mediate. They reckon they were unaware of court action or the particulars of the claim lol so they must of forgot about the letter i sent them and the reply i got.

 

so i know i need to fill in details but is there anything i need to put in the form or anything helpful you can think of

 

regards

 

tony

[MARTIN3030]

Ok a couple of questions.

 

Did they acknowledge the claim by 14 days ?

 

Can you confirm that you did not agree to any extension in writing ?

 

You have no obligation to agree to a 56 day stay-and IMHO 56 days is taking the ****

 

If you followed pre action protocols (and a LBA would suffice on this)

Then they should ALREADY have had chance to look at your issues.

 

Obviously OFT / FSA guidance for complaints handling /dispute resolution DOES give 8 weeks for a final response or resolution-but this is not affecting your rights to pursue the court route.

 

Seems to me that its possible they are stalling or else are unable to meet Court deadlines because they cant produce a defence.

 

You have to decide whether to agree to the 56 days-if you are minded to allow any stay-I would deduct the time from your request for repayment from that-since in theory they have already HAD part of the 8 weeks.

 

As regards the default-can you give more info -I am not clear as to whats gone on.

[simpson_eh]

Hi

 

No i havent agreed to the stay at all.

yes went through the letters prelim and lba they acknowledged the prelim stating that their charges are fair etc etc on the xxxx no responce to the lba sent recorded delivery.

 

default notice was issued due to being behind with payment due to charges, they say that no default has been issued on my credit file but there is clearly one on there from them,

Edited July 2, 2010 by MARTIN3030

[simpson_eh]

yes they have said they are going to defend the claim and i have received a leeter from the court an allocation questionaire, asks me for other information to help the judge manage and clarify the claim

 

i must complete and return the form before 19th july, please help

[MARTIN3030]

But their defence SHOULD have been issued BEFORE allocation

So can you say what date the claim was deemed as served ?

[MARTIN3030]

If they DID NOT file a defence on time-you can apply for judgement by default-but would need to do this-the Court will not do it automatically.

[simpson_eh]

claim issued on the xxxxx defence issued xxxx

 

transferred to local court xxxx

Edited July 2, 2010 by MARTIN3030

[MARTIN3030]

Did they say no default has been recorded by informing you in writing ?

 

Are you getting confused with a late payment or missed payment flag ?

[simpson_eh]

letter says no default has been issued but my credit refereance says default xxxxxx

Edited July 2, 2010 by MARTIN3030

[simpson_eh]

Claim History

 

You submitted a claim on xxxxx

 

Your claim was issued on xxxx

 

Advantage Finance LImited issued a defence on xxxxxx

Edited July 2, 2010 by MARTIN3030
identifying info removed

[simpson_eh]

this is what i put on the court papers

 

The Claimant has an account edit with the

Defendant, 2. Since 1/08/2007 the Defendant

debited charges and interest in respect of

purported breaches of contract. 3. Defendant

is aware of all details as a list of charges

has already been supplied. Another copy will

be sent. 4. Claimant contends: (a) The

charges exceed the Defendant's losses caused

by the breaches: (b) The Term permitting the

Defendant to levy such charges is

unenforceable under the Unfair Contract Terms

in Consumer Contracts Regs 1999, Unfair

Contract Terms Act 1977 and at Common Law. 5.

Claimant claims: (a) return of the amounts

debited of £538.00: (b) Interest per S.69

County Courts Act of 8% - £84.29. continuing

at 8% until judgment or settlement

The claimant claims interest under section 69

of the County Courts Act 1984 at the rate of

8% a year from 03/10/2007 to 24/06/2010 of

£538.00 and also interest at the same rate

up to the date of judgment or earlier payment

at a daily rate of 8.00%.

Edited July 2, 2010 by MARTIN3030
identifiers removed

[MARTIN3030]

Ok thats very fast defence.

 

So you need to see a copy of the defence-have you got this or seen it yet ?

Is xxxxx your local Court ?

 

If its not too far from you and you have not yet seen the defence you could go there and pick a copy up.

Edited July 2, 2010 by MARTIN3030

[MARTIN3030]

Did you include a schedule of the charges by amount/date etc with your claim ?

[simpson_eh]

to advantage yes but not the court

 

i have a sheet that says the defendant has filed a defence which is enclosed in this notice but all i can find is a letter asking for a 56 day stay as the defendant was not aware of the pending legal action or details of the claim .

 

also acknowledgement of service

 

which says the intend to defend the whole claim and to contest jurisdiction

[simpson_eh]

so it looks like they plan to defend but havent issued any details as to why just asked for a 56 day stay to mediate

[MARTIN3030]

Ok.

I am a bit confused as to why they felt able to submit a defence so fast-and yet are asking for more time.

My guess is that their defence will say they will be reserving right to ammend at a later date.

 

Unless they have just submitted an embarrassed defence-this would appear more likely.

[simpson_eh]

so what should i put on this questionair?e as i dont really want to mess it up now, the gent who issued the defence actually rang me up asking me if i minded a stay i asked why and he said they wanted to investigate the charges to this i said no as they issued the charges they must know what they are for.

 

also should i attach the 2 letters and schedule/copys of postage receipts to prove they were aware of the claim and there letter acknowledging that they thought the charges were just