Advantage Finance - HP Car failed after 1yrs - still paying - HELP

[dx100uk]

the fact that a tracing agent was used because uou would not answer the phone is a PENALTY

because you p'haps refused to communicate that way.

 

you have already porved you/they were already in regular contact.

 

the fsa does not give perm for companies to charge what penalties they like.

they are unfair and not a true reflection of their costs

 

dx

[dx100uk]

ref number showing 141

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i now return to the issue of your company charging £100 twice for a tracing agent.

 

there are NO implied rights in the HP laws or rules to charge what you like for PENALTIES on an HP agreement

it is merely your made up figures.

 

they do not truely represent your admin costs, and until you privide a complete breakdown

from yourselves and the agent, as per the FSA bank charges ruling,

if the need be i shall reclaim them.

 

IMHO you are trying to fleece me blind.

 

dx

 

Do I put that after the Jason Bingham part?

 

I've removed the name and references and deleted the previous versions of the sar reply.

attached is the updated part.

 

[ATTACH=CONFIG]40420[/ATTACH]

[dx100uk]

actually reading your replies in total now

 

you've already said that in other letters.

 

they have treated you with utter contempt

 

and IMHO you owe NOTHING.

 

i'd let this goto court.

 

dx

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So I am right with my statement of

With that being said, the removal of the MBI / GAP & charges applied, I have paid £2,823.86 against the total amount for the car, of which as per the agreement is more than 50%.

 

As 50% of the value of the agreement has been paid, the Termination of the agreement is now in effect.

With yourselves providing confirmation in writing to scrap your vehicle, then I believe that under the terms no further

funds are outstanding and the agreement between myself and Advantage to be terminated.

 

All I want is this to end, the agreement to be acknowledged as terminated, my credit report to be amended to say that this is settled.

As at 06/10/2012 My experian report stated that 235% of my credit was being used, with amount outstanding of £8,955.

 

So you can see its having a huge effect.

[dx100uk]

there, ultimately, is your issue.

 

if you can ever get them to agree its dead and done

 

i doubt they'll ever change the CRA file.

 

from all the tennis

they are steadfastly, but wrongly, assumming you owe them, you don't.

 

they told you to scrap the car, you got nowt for, they've accepted that

 

i wonder where they stand on the fact that if they ack they did accept VT, it hadcharges outstanding

that ofcourse are unlawful.

 

it's coming to the time

that if it were me

i'd be writing

with very basic bullet points.

 

that for the above reasons [charges reclaim, ppi reclaim, crap car etc etc ]

 

you consier the matter closed.

 

take me to court.

 

however , that does not resolve the CRA issue.

 

was there ever a default date put on the cra file?

 

dx

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I cancelled my Experian and equifax back in October and there was no Default there.

 

Looking on Noddle it states: "Advantage Finance £ 5,085 14/12/2012 Late payment"

[dx100uk]

ok so no chance of the default getting off your cra file then.

 

ok well if you've got everything

 

then one final letter

 

as indicated

 

dx

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Looking over what I was going to originally write to them, the part about Section 187 of the Social Security Administration Act 1992, surely as they received notification and proof's that I was in receipt on benifits (and acknowledged) then any charges under that legislation are illegal.

 

If I'm correct then, not just myself but many other people can call on this?

[dx100uk]

poss, but this is not a bank ?

 

neither are they charging directly upon the benefits, they very DD'ing from a bank account that had benefits in?

 

dx

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Not sent letter out yet (don't get funds until tomorrow - god this is an expensive game)

 

Following on from their Default Notice I've received another letter

 

[ATTACH=CONFIG]40576[/ATTACH]

 

£5.00 a month??? Now where was this when I told them I couldnt afford £20 let alone £100??

 

Still say I've paid more than half of the car, and they told me to scrap it so I owe Nothing,.

[Bazooka Boo]

Direct debit!!! Ha ha, there having a tin bath, no-one in their right mind will ever use DD with these clowns.

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Response to my letter received today:

 

 

So no record of the calls available yet they used the said calls to defend themselves?

 

Also none of the other information I questioned has been mentioned.

[dx100uk]

yes they did

 

dx

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yes they did

 

dx

 

Is it a case of further questioning them defending their actions against none existing material?

[dx100uk]

yes i'd keep at them

 

i'mgonna ask someone to pop in.

 

a 2nd set of eyes might throw something up or confirm what i think

 

you owe nowt!

 

dx

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Extra letter received today - and its from the Account Manager again..

[BRIGADIER2JCS]

Well ads how do you feel about that?

[dx100uk]

oh dear darren learn to spell...how do you spell allowed...aloud..what!!

 

so all they want is £825.

the charges reclaim is worth £500 now

mot sure where the ins one is but i bet thats more than the rest £47 PCM

 

that'll be a nice ay in court watching them wriggle out of that lot.

dx

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Brig - I do feel insulted, Its come down from the 5K to £800. And they have'nt even took into consideration they can not back their claims up of "I agreed to it in a Telephone conversation" as they have now stated the recordings do not exist.

 

I think your right DX that figure, to me, does not seem to include the GAP/INS.

 

Upto the 01/10/13 the charges (not including any interest) £468,

the GAP/MBI paid (not inc. intrest) is out of full contractual payments (or more) from 26/07/2010 to 09/03/2011 comes to £679.98

 

Darren states there is nothing in writing about removal of all fees: On the SAR reply

On page 136 (23/07/12) £150 to be removed,

On page 149 (22/08/12 @ 11:49) £200. to be removed.

On page 152 (22/08/12 @ 15:04) All charges to be removed.

 

I havent responded to anything I have recieved this week (todays and the MBI/GAP), as I am unsure what to say..

 

To me if there stating £800 then less charges and GAP/MBI its Zero.

[dx100uk]

fleecing you

 

dx

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Would it be beneficial to ask how they come to the £800, whilst pointing out the charges, removal of gap?

As he states I haven't paid 50% but £800 is not 60% to 70% either.

I want to.word it better to bring all the things together ie charges/lack of he so called telephone records and me nit owing a further penny.

 

I really do appreciate all your help.

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Its took me a while to write it but here is the reply I'm looking to send to Advantage as a final letter:

Thank you for your letters dated 16th January 2012 & 18th January 2012 (Compliance Team).

 

Your letter dated 18th January 2012

 

You have stated that “Unfortunately after investigation we can advise that there is no call recording available for the sale that took place on the above agreement. We can confirm that our record of sale is in the form of a Demands and Needs document.”

When I disputed the sale of the MBI/GAP, of which I still do, I stated in my letter 01/06/2012 that:

“(a) You have provided a “Customer Demands & Needs form” all information was provided by your sales person via a phone call, No documentation was provided for myself to read and understand each of the policies and did not once make it clear the policies were optional or tell me about any cooling off period

(b) Your sales person stated it would be more expensive if I didn't take both insurances, hence “your recommendation” of taking both products.

© Your sales person insisted I took out the policies to qualify for the product or help with my application

(d) Your sales person was very pushy when selling the product, it felt that I could not say no despite informing her a number of occasions that I would like to read / have more information sent to me regarding the policy so I could make my own mind up.

(e) I was made to feel that unless the Customer Demands & Needs form was not signed, I would not have been able to continue with the application.

(f) As the Customer Demands and Needs form shows your sales person to promote further products recommended by yourselves, at no point did the Sales person state or advise that there were any alternative options available, neither does any documentation provided by yourselves advise of any alternatives other than to promote the sale of the polices stated above.

(h) The sales person lead me to believe that the MBI would be suitable to cover any failure that the vehicle should occur, despite not being an underwriter for the company, and therefor was not qualified to promote or sell the product without knowledge of the details contained within the policy.

 

Your response on the 13/06/2012, refers to the telephone conversation of which you now state is not available, yet in your response states that everything that I had stated being incorrect.

Firstly how can you respond with a lengthy reply detailing what went on in a conversation when no recording exists.

Secondly and I stand by points I made above that I was misled by both your sales advisor and the garage to take out the MBI / GAP policy to be accepted for Finance with Advantage, despite myself informing both the Sales Advisor and garage that I have a family member who is a mechanic.

 

With that being said I still feel that the MBI & GAP policy was miss sold and should be cancelled and refunded to myself. * Please read further for details of refunds etc.

 

Your letter dated 18th January 2012

 

a) You have stated that “We on occasion will use a tracing agent to check details on accounts that we hold, as a finance company we are entitled to do this should we feel necessary”.

This does not answer the question as to why, so again I ask could you please explain as to what reasons Advantage felt it “necessary” to use two tracing agents on separate occasions, despite being in communication with yourselves and providing all relevant proofs of unemployment, yet you still felt it “necessary” to apply a £100 charge to the account?

 

b) From reading through the SAR and your reply regarding charges on the account, I can only deem that charges are still unjustifiable, and are only there as a way of making additional funds. I come to this conclusion, as the removal of part and in full have been freely used to negotiation tactic to pay amounts on the account. From the SAR you provided this can be seen in Email dated 23/07/12 £150 of charges to be removed; Email 22/08/12 @ 11:49 £200 of charges to be removed; Email 22/08/12 @ 15:04 All charges to be removed; Your letter dated 18/01/13: “arrangement fee of £35 per month, not only remove charges, but stop further charges from being incurred”.

 

c) You state that “It also must be mentioned that despite stating this offer if paid would account for over half of your living expenses, without the proofs being received as requested, we are unaware of this”.

I am trying to understand, how you can state “without the proofs being received as requested”, when I have provided copies of the letters from the Department of Social Security and also HILLSIDE confirmed to you that I was “out of work and claiming Employment Support Allowance”. Also the rates of Employment Support Allowance can be found using the Governments website https://www.gov.uk/jobseekers-allowance/overview or by using Google, which has been noted you have used conduct your own searches on myself (Jason Bingham, Dec 6th 2012 @ 10:34).

 

d) Your comments regarding the Voluntarily Agreement (VT) that “the account is only 35.69% through”. “We would at a gesture of goodwill allow you to complete a VT and would hold the figure for this at £825.00, should this be received we would settle the account in full”.

 

I do not owe anything further on the account, and I will explain this as follows:

As the MBI/GAP has been miss sold (see above) this should be removed from the account:

Total for Vehicle: £ 5,646.20 (A)

Total for MBI/GAP: £ 2,331.36 (B)

(A) + (B): £ 7,977.56 ©

Miss Selling of (B): -£ 2,331.36 (D)

Correct Value (C ) + (D): £ 5,646.20 (E)

 

The terms of the VT state to terminate I must pay half of the total payable under the agreement, firstly as the MBI/GAP has been miss sold the agreement is invalid due to stating the MBI/GAP on the agreement, with that being said also renders the charges as incorrect as they apply to the agreement as a whole and not as for (A) or (B) on an individual basis. Secondly from statements of account you have provided me the following payment transactions have occurred:

 

Deposit paid: -£ 70.00

Payments on account: -£ 3,701.52

Returned DD: £ 877.66

Total Payments made: -£ 2,892.34 (F)

 

So as the “Correct” value of the agreement is £5,646.20 and by way of the VT the balance of the account is as follows:

Correct Value: £ 5,646.20 (E)

(E) less 50%: -£ 2,823.10 (G)

(F): -£ 2,892.34

(E) + (G) + (F): -£ 70.76

 

I have not included the Statutory Interest of £112.09 (at least) incurred on the 14 full payments between July 2010 & March 2011 that included payments of £48.57 for the MBI/GAP

 

As the agreement is incorrect/invalid regarding the MBI/GAP, it also means that the details recorded with the Credit Reference Agencies as incorrect therefore the following should be made:

a) The amendment of the details to read the true value of the agreement (£5,646.20), the payment terms to be amended from “£159 x 48 months” to “£117.63 x 48 months” and show the decreasing value of this.

b) The payments under the MBI/GAP (£679.98) are applied/spread out against payments on the account to reflect a suitable running of the account.

c) The status / Balance of the agreement to read “Settled” / “Settled in full” / “£0.00 (Zero)” depending on which is applicable to the relevant agency and also the date of Settlement to be no later than the last payment made on the account (November 2012).

 

As a gesture of goodwill, you have my permission to “write off” the £70.76 or apply to account as a charge for Administration costs for the written confirmation to myself and all that the agreement has been settled in full.

If you feel that the gesture to be unacceptable, I will accept a cheque to be made payable to myself for the value less postage for recorded delivery.

 

I hope you find that the details I have provided to you acceptable and that the agreement between myself and Advantage to be now terminated (upon amendments to Credit Reference Agencies)

 

Regards

 

 

If you could let me know if this is suitable or any amendments / recommendations as I plan to send this asap.

As always your help is appreciated.

[crem]

"Overpayments (i.e. having paid more than 50% at the time of the VT) are never refundable, so I think any reference you make as to having paid more than required and expecting a refund are unlikely to transpire.

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So just delete the last paragraph and go with the rest?