Court Papers for VT'd car [Advantage finance]- help!

[LesleyDeacanjason]

HI

 

What is the procedure for a VT with arrears and a default? Can you say VT?

 

Ta

[sequenci]

Hello there. if you have been served with a default notice - and the 14 days given to remedy the breach of expired you will not be able to VT, sadly - you lose the right to do so.

The only possible chance you might have is if the defualt notice that's been sent to you is defective in any way.

 

best wishes,

 

Seq.

[dx100uk]

tell us about the debt please

[Peterbard]

As Seq says, it depends on if you have been served a default notice under section 87 of the CCA, if so and the 14 days remedy period has passed no you cannot. If however there are just ongoing arrears on the account you can

[sequenci]

tell us about the debt please

 

I'm guessing it's a regulated HP agreement matey

[LesleyDeacanjason]

Thanks all for the reply Apologies for the delay

 

Its standard HP agreement. notice of default served and payments agreed to remedy default. once default is satisfied can you then VT or is that it all void? Nothing in my contract states that VT becomes void if default issued?

[LesleyDeacanjason]

I agrgued the default as i had only missed one payment and was in constant contact with them. what would make the default invalid please Seq?

[Peterbard]

As long as the agreement has not been terminated by the creditor due to your missing of payments you can terminate yourself, under the VT provisions of the CCA.

 

Once they have terminated the account you cannot. Did you received a termination notice after the default notice ?

[LesleyDeacanjason]

HI All

 

Any chance you can just clarify for me.

 

I have had a court claim come through from a finance comapny, who i VT'd with.

 

I have disputed the amount owed. Defense has been filed.

 

I sent a SAR request and it was signed for on the 23rd December

No reply from them. whats the next step time scale wise please?

[ploddertom]

They have 40 days in which to reply. Did you enclose payment and has it been cashed?

[dx100uk]

can you tell us the full story please

 

and name names.

[LesleyDeacanjason]

Its from advantage finance.

 

They are trying for charges, recovery of the vehicle and warranty.

 

I have asked numerous times for account info.

 

Nothing,

 

got court letter, s

 

o I acknowledged,

 

sent SAR and

 

hen filed defence including in my defense that I filed SAR.

 

So far nothing, letter signed for, and postal order sent.

 

What happens if they don't reply?

[dx100uk]

why did I already guess it was advantage:lol::lol:

 

go read these threads:

 

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

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?403309-Advantage-Finance-HP-Loan-Help-!!!!&highlight=Advantage+Finance

[theoldrouge]

do you have a copy of the agreement? if so could you post it up with pers details removed

[Andybars]

It would also be useful if you could tell us the amounts that Advantage are claiming as these will often be inflated by huge numbers of spurious charges for arrears letters / text / arrears management fees etc. Can you also check the Credit Agreement for warranties / Gap Insurance and other add-ons which Advantage often try to add at eye-wateringly high prices

[LesleyDeacanjason]

I will get the agreement out and try and scan for you too read.

They seem to be charging for charges on the account, warranty, car recovery and then repairing the car. Which i argued with them that nothing they stated was on there and i had photographic proof, so that dissapeared. Total is £1900, but i have gone over the VT point where you can hand back without any charges.