Advantage Finance court hearing

[Austinmillie]

Hi I hope someone can give me some advice on here please.
I had a court hearing this week for a return of goods hearing with advantage finance. When we went into see the judge she was all over their paperwork and gave the representative for them a dressing down as every bit of paper from default notice to the statement of account hto the original credit agreement had different amounts on them. The judge said she wouldn’t entertain their paperwork and would be adjourning the hearing. She asked for my take on things and what I had to say on matters. I explained my circumstances to her which she was most helpful in taking into account and while I was talking advantages representative pipped in with you haven’t filed a defence so I won’t hear this and you can’t give a defence now. The judge again shot him down explaining it was her court room and she would decide what and when she listens to evidence! I explained they had twice sent agents to my house saying they where there to collect the car and trying to bully me into handing it back which she was most unhappy about and asked him to respond he said he had no comment as he didn’t know! The judge was really hard on him stating she had never seen such terrible paperwork and tactics! She has given advantage 14 days to try and sort out the discrepancy in their figures and resubmit them to the court but stressed she will be sitting when it comes back to court and she will be all over the figures meaning she will want to see what they have changed and why/how for what reason. She said if their paperwork eventually could add up and make sense she would be minded of my personal circumstances and if we get to the stage make a suspended order and set the repayment terms. But she told me to get myself all my account information from them and go over it myself with a fine tooth comb ready for going back to court.
So is their any help in how I do this and what I should be looking to do now?
the judge seemed to be indicating she didn’t believe their agreement was enforceable?
any help would be great as I need to be organised for going back!
many thanks

[Amethyst]

That sounds positive

Did they send you copies of the paperwork they used in court ? the agreement and statement of account ? What were the issues with the figures they were using ?

Have you made an offer to carry on with the payments plus a bit for arrears so that you can keep the car ?

In a posession case you dont don't have to file a defence in advance of the hearing so glad the judge shot the other side down on that - they were probably surprised you showed up and it threw them.

You've paid over a third of the finance already I assume ?

You want to dig out evidence of your payments made from the start of the agreement - so bank statements/transaction lists with the relevant payments highlighted. And if you have any original paperwork from when you took out the agreement ?

[Austinmillie]

Hi many thanks for your reply!

they did send me copies of everything they would relay upon in court from original agreement, default notice and then statements to the court but as the judge said when you look carefully at them it doesn’t add up.

the judge asked if I would be willing to make an offer and I said due to my circumstances at present i would if needed offer £200 a month.

The judge said at this this stage she wouldn’t be asking me to pay anything as the finance obviously didn’t add up so she said to pay money may not be in my favour.

I have paid over 5500 with 2400 outstanding according to advantage.

i have found my agreement from signing up.

Woukd it be advisable to send a SAR to them for all information they hold?
if so is there a template I could use to get it right?


many thanks