Advantage Finance county court claim

[Kdiddy85]

Hi,

My husband purchased a Vauxhall Zafira from Advantage Finance in September 2010. We had the car 3 weeks before the turbo went and needed replaced. At that time we wanted to return the car but after much persuasion, advantage finance agreed to pay for the repairs and we got it back on the road. Not for long however as the car broke down once again in December, this time the gear box had failed and advantage finance refused to pay for the repairs saying it was wear and tear. We also refused to pay for the repairs and requested them many times to take the car back and we would be quits. This went on for many months and eventually they repossessed the car in April 2011. At this point I should make you aware that the repayments were being made via a box attached to the car, which if left unpaid would leave the you unable to drive the car, no direct debit or any other payment methods were discussed.

Fast forward to around 5 months ago when advantage finance started phoning our home and sending letters again. None of which my husband responded to, given that they had the car back and we'd not heard from them in years. They then called my husbands office and stepped up their efforts to make contact with him, failing each time.

Today he has received a county court claim from them in which they have said he owes them £10,000 for the car plus £7000 in interest from then until now. Would statute barred come into effect when the last payment was made for the vehicle or would this be when they repossessed the car in April 2011? I know that he would not have made a payment for the car while it was off the road. Or will we need to follow this up in court?

Thanks for any helpful advice given, it's much appreciated :-)

[Debt Camel]

Re: Advantage Finance county court claim

What date did you last make a payment? Were payments taken monthly if the car was being driven? If the car was not being driven, were no payments taken?Statute barring is never from the last date you made a payment, it can only be from the date you missed a payment.

Do you have a record of your refusals to pay and "offers to call it quits" - it sounds unlikely that these amounted to voluntary termination by you but it is possible.

Were you informed what the car was sold for? Do you have a breakdown of how the alleged debt was arraived at?

[Kdiddy85]

Re: Advantage Finance county court claim

Thanks for your reply.

I don't know the date of the last payment, sorry. The payments were weekly though from what I recall. And when the car broke down the second time, payments were stopped.

We don't have any documentation any longer. We have moved house since we bought the car.

We don't know how much the car sold for but it wasn't worth £10,000 when we bought it as it was already 6 years old then. There's no breakdown on the court firms apart from outstanding balance on the account is £10,103.82 and interest on that of £6882.

[nemesis45]

Re: Advantage Finance county court claim

Thanks for your reply.

I don't know the date of the last payment, sorry. The payments were weekly though from what I recall. And when the car broke down the second time, payments were stopped.

We don't have any documentation any longer. We have moved house since we bought the car.

We don't know how much the car sold for but it wasn't worth £10,000 when we bought it as it was already 6 years old then. There's no breakdown on the court firms apart from outstanding balance on the account is £10,103.82 and interest on that of £6882.

Good morning,

What have you done so far?

Acknowledged service of the claim and stated it will be defended in full? Important!!
Is Advantage the claimant?
Which solicitors are they using?
What is the date on the claim form?

Can you post a copy of the claim form (N1) after removing the claim number and your name and address please? Or type in the particulars of claim word for word.

You need to make a request for a copy of the agreement to the claimant (CCA request)
Use the template from the green box at the top of the " court claim" forum. There is a statutory fee of £1.00 to pay so use a postal order marked
" For Statutory Fee Only" use signed for post and check delivery date. Keep the post receipt safe.

If you can give us the details asked for above it will help us to give you more answers.

nem



Good morning

[Kdiddy85]

Re: Advantage Finance county court claim

The particulars of the claim are as follows;
THE DEFENDANT ENTERED INTO A HIRE PURCHASE AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT OF 1974 WITH ADVANTAGE FINANCE LTD ON OR AROUND 26/10/10. THE DEFENDANT FAILED TO MAKE HIS CONTRACTUAL PAYMENTS AND THE ACCOUNT FELL INTO ARREARS. DESPITE MANY ATTEMPTS TO RECTIFY THIS POSITION THE ACCOUNT REMAINS IN ARREARS AND ADVANTAGE FINANCE LTD TERMINATED THE AGREEMENT ON 08/08/11. THE OUTSTANDING BALANCE ON THE ACCOUNT IS £10,103.82. The claimant claims interest under the section 69 of the County Courts ACT 1984 at the rate of 8% a year from 25/04/2011 to 16/01/2017 on £10,103.82 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £2.02

- - - Updated - - -

The claimant is Advantage Finance LTD, signed by S WILLIAMS. There is no further information on who their solicitors are and no further letters from anyone to say who they are using. Do you know where I would find this information?