Help - Advantage Finance taking me to court

[shinnyuk]

Hi in a mess

I bought a car off Advantage Finance in 2009 costing 5k I did not get PPI but with interest needed to pay back in total about 9k.

 

I paid regularly for a long time then due to job loss had to reduce payments.

 

Got another job with less money and made an arrangement to pay £100 per month and did so for a while.

 

I have paid in the region of 6500 but the noticed how much I was being charged ,

 

after a few phone calls they said they would remove charges but never did,

 

to cut a long story short

 

I requested a SAR sending the necessary £10 by recorded delivery 2months ago but have heard nothing but

 

I have received a summons to a magistrates court were they have asked that our car be returned.

 

I want to dispute these charges that they call late payment charges, have I the right to ?

 

There is a lot more details I can give but hope you can get the general picture

[dx100uk]

scan up the summons please

 

make SURE you follow these instructions:

 

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try www.pdfescape.com TO BLANK STUFF,

*************************************************************

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

[shinnyuk]

Thanks for your quick response , I will get on with it now, may take a while not good with Computer

[shinnyuk]

Where do I upload the files there are 22 pages ? hopefully managed to change them to PDF

[Jimmy Jangle]

Click "Go Advanced", and there should be an option to manage attachments beneath the text box, click that, upload file and it should attach automatically, the submit

[shinnyuk]

This is the full claim please note in the original letters to me the additional interest was called collection charges they changed this on the new documents.

Hope I have managed to do the upload right

Edited July 8, 2013 by dx100uk
pers info removed -dx

[citizenB]

Can you tell me what the date of issue is on the claim form please ?

[shinnyuk]

1st July 2013 is the date of issue

[citizenB]

Did you send your SAR by a tracked method of posting ? If so, have you checked on the RM website that it was delivered.

 

Did you send the £10.00 in the form of a cheque or postal order ? If postal order, then you should be able to check if it has been cashed by telephoning the number on the PO receipt you received from the Post office. There is an ID number about mid way on the receipt that you will need.

[shinnyuk]

Sar was sent recorded delivery on May 9th but did not put the cheque in letter, I received this e-mail - "

We have received a written request form you but you have not enclosed the £10 fee which you state in your correspondence. Please provide this before we comply with your request." I then sent them the cheque recorded delivery which was cashed a couple of days later

[shinnyuk]

e-mail received May 10th cheque cashed May 16th

[dx100uk]

get on the phone ask them where the sar info is

 

very important you get it ASAP

 

dx

[shinnyuk]

get on the phone ask them where the sar info is

 

very important you get it ASAP

 

dx

 

Should I reply to the court saying that I am awaiting the SAR in order to provide a defence?

[dx100uk]

looks like they have refunded all the various fees

 

but not the interest they charged on them.

[very crafty at 33.42% PA ]

 

you can reclaim at THEIR int rate 33.42 % compounded

 

 

can I suggest you read this thread.

http://www.consumeractiongroup.co.uk/forum/showthread.php?329067-Advantage-Finance-HP-Car-failed-after-1yrs-still-paying-HELP&highlight=advantage+finance

 

 

your DN will be defective as it will contain a figure inflated by PENALY charges

 

still charged the visit fee I see

 

and you need to get the tracing fees back too

 

i'll get ads [from that thread ] to pop in

 

dx

[dx100uk]

get on the phone ask them where the sar info is

 

very important you get it ASAP

 

dx

 

looks like you might already have all you'll get

 

poss forget the sar

 

though you wan the £10 back!

 

dx

[shinnyuk]

Is there anything I need to do and how do I respond to the Claim in court,

[dx100uk]

have you acked the claim online and selected defend all?

 

dx

[shinnyuk]

have you acked the claim online and selected defend all?

 

dx

I was going to go to citizens advice and get there opinion but was told about this site so as yet have not acknowledged

[dx100uk]

get it done.

 

if you don't defend all

you'll get a CCJ by default if you put defend partial

 

dx

[shinnyuk]

get it done.

 

if you don't defend all

you'll get a CCJ by default if you put defend partial

 

dx

Thx again

I am not used to this so do I give the charges as being the reason why I am defending all of the claim?

[dx100uk]

I would put 'something' along the lines of you dispute the balance claimed

 

legal is not my bag

 

but, unless you defend all, they'll get a CCJ anyhow.

 

let me look at when te dn was done etc

 

I was hoping help would be onboard by now

 

dx

[shinnyuk]

Thx Dx

I am just going through the spreadsheet you linked me to in an earler post, I will acknowledge claim tomorrow if I get someone who can guide me legally.

Really appreciate your comments

[dx100uk]

think I've just spotted something that blows them out of the water...

 

just checking

 

it think they have re-added all the charges they have taken off

 

if you look at page 7 they list them.

 

bal goes from £1926.86 to 2857.51

 

dx

[dx100uk]

page 8 is blurred

 

have you got payment protection & gap etc

 

can you rescan page 8 in a higher res scan?

 

dx

[shinnyuk]

think I've just spotted something that blows them out of the water...

 

just checking

 

it think they have re-added all the charges they have taken off

 

if you look at page 7 they list them.

 

bal goes from £1926.86 to 2857.51

 

dx

 

My wife noticed this but I said they wouldn`t be so stupid. Like I said before I am not used to this but I know something was amiss, I will send you the interest charges in a short while