court date but no notice, long story

[Winchy Helen]

I have been paying £100 per month from an attachment of earnings for a car I got on finance from advantage finance.
The car was around £4500 and with administration charges and interest it is around £10000. My circumstances changed after 3 months my partner was laid off work. As they lost some contracts. I told Advantage this and asked them if they’d take the car back. They eventually did. I ensured the car was clean, serviced and ready to go when I knew the men collecting it were coming. When the repossession men came, we had a cup of tea and there was no bad feeling. I thought that was the end of it.
I was having financial problems and personal problems too which led to depression, so decided to move with no notice to anyone and short notice to my landlord.
I moved into a mobile home on a farm and spoke to nobody anywhere as this I now know was part of the depression.
I did however keep going to work and used it as some sort of therapy.
Unknown to me I was taken to court by Advantage Finance and there was an attachment to earnings award to them. For a very long time I thought it was a pension coming out of my wage it wasn’t until I opted out of the pension scheme that I realised there was still something coming out of my wage.
Months later I called HR at work to see what it was and was told it was an attachment of earnings. I didn’t know how to find out what it was and who put it on.
Eventually I worked out that it was advantage Finance and they were awarded the full payment of £10000.
I asked for help at CAB, they didn’t know how to help me as it had been more than six weeks. I felt defeated again. I asked for help on a consumer page and they told me to get all my details from Advantage Finance, I did this but by the time it took to get it the person helping had left the group. Again, I felt defeated.
I asked lawyers for help, but it was not there field. I had/have no idea who I can turn to.
This has been going on for years.
I really find it hard to accept paying £10000 for nothing, as I gave the car back and I’m sure they’d have sold it on even in an auction.
I believe I have paid around £8000 up to now and have nothing to show for it.
Had I known the court date at the time I could have attended and discussed my case.
They could find me to take the money but couldn’t find me to tell me the court date. One of the charities that were helping for a while said they had heard quite a lot of complaints about this company and knew some consumers to get their money back due to illegal practices, one being not notifying the debtor of the date and time of court proceedings.
I would be grateful for any guidance you can offer me to help get this resolved in court. This is more of a rip off than Wonga.

[Winchy Helen]

I think I've done something wrong, I have no looks or answers on here can anyone see this?

[Amethyst]

Hi Helen xxx

Just having a read of your post now Sorry to have missed it before.

[Amethyst]

Okay,

You had car finance with Advantage. The car was £4500 cash price and the total amount payable on the loan was £10k ( so £5500 interest etc ).

Advantage took the car back after 3 months due to a change in your circumstances.

At some point they took you to court for the full amount of the loan. You did not receive any documents thus did not defend and a default judgment was obtained against you.

You were unaware of the CCJ and eventually Advantage obtained an attachment of earnings against you for £100 a month.

This, you think, was over 6 years ago ( the judgment no longer shows on the register or on your credit file?) and you have paid over £8k to date.

You have obtained your data from Advantage Finance now? So you have a copy of the original agreement, court judgment, claim, transactions etc ?


Sadly as it has been such a long time, and particularly as you have been aware of it for quite some time it is unlikely you are going to be able to do anything, and if it was over 6 years ago, there's really no point in having the judgment set aside.

However lets have a look at the info. Did you do a full Subject Access Request to Advantage ? Anything in there about the termination, repossession, sale of the vehicle etc ? Have you a copy of the actual agreement ?

[Winchy Helen]

I have got a load of documents that I can give you, they were on a disc from advantage and I cant seem to scribble out my details. but I can send them on if that is ok

[Winchy Helen]

I have read somewhere that I should only have needed to pay 50%. If that's true, that's the bit i'm now trying to sort out. And get it stopped now
I really think £8000 for nothing is more than enough
Do you think I should take them to the small claims court to get the £3000 back dated to me and stop them taking anymore.

Sorry just throwing out my thoughts probably rubbish ones

[Amethyst]

If you voluntarily terminated the agreement then yes you'd be liable to pay 50% of the total payable under the agreement ( so £5k ) however if it wasn't clearly VT then it was likely taken as an early settlement ( which would be full whack less whatever they got for the car ).... certainly shouldn't have been the full amount.

Admin@legalbeagles.info if that's easier to send docs - I can redact and post relevant info ( agreement, termination , court claim/judgment ) then see what the experts think xx

[Winchy Helen]

wow how can then even nearly be legal
I did as them to take it back, but now that you have said that, They made me wait ages and it was more phone calls than anything as I was not really into emails, then
God, I do feel stupid. Thank you for answering I will get back on here tomorrow
I would like to see if I could do anything about this as it really seems a complete rip off. grrrr

[R0b]

Hate to say it but you couldn't have voluntarily terminated the agreement.

Why? Because you have freely admitted that you were more into phone calls than emails and in order to validly exercise your right you must have given notice to terminate in writing. Telling Advantage to come and collect the car doesn't show an intention that you were exercising your rights.

It sounds like a voluntary surrender in which case it should have been £10k less the proceeds from the sale of the car and less the option to purchase price less any sums already paid.

The problem you have in getting this set aside is that you are 6 years (or more) out of date. Getting default judgments set aside have to be done promptly and you had knowledge about this a few months soon after the order was made.

There is several criteria on getting a default judgment set aside and promptness is on of them. Another is taking into account all of the circumstances. If you can show that you weren't in the right frame of mind at the time - I personally dont think that would wash due to the time period - and if you can successfully argue that Advantage obtained judgment by fraud of £10k know you had already paid some instalments and that it should have deducted the proceeds of the sale and the option to purchase price then you might get just be able to persuade the court.

I think you need to tread carefully with this one but in a case like this, I'd be writing to advantage in the first instance, setting out the situation and asking whether they'd agree to consent to setting aside the default judgment.

You also need to work out what sums they were actually entitled to or at least an estimate based on the paperwork. You can then look to counterclaim for restitution for any overpayment made (if any).

I will say you need to be 100% committed whatever way you go. Dont go in half hearted as you'll likely find yourself no further forward other than more costs to pay and potentially Advantage's if they oppose your application.

[Winchy Helen]

I have sent the documents I have to the link given by Amethyst

Thank you both for you advice

[Amethyst]

R0b - what would the position be if the car was repossessed due to nonpayment as opposed to being surrendered /terminated ?

[pt2537]

R0b - what would the position be if the car was repossessed due to nonpayment as opposed to being surrendered /terminated ?

VT your liability is set out in the 1974 Act.

Repossession, then they can pursue the costs of the whole contract plus any additional losses

[Winchy Helen]

I know I should have done something sooner about this, but whenever I tried I felt overwhelmed by everything. I think I was fighting my own very personal stuff and holding down a full time job and a looking after my family. I had no room for fighting or facing up to other things. I really feel that people don't understand how this works as I didn't at the time.
Now I have read lots and am a lot more aware of the consequences and how I should have gone about things ie done it in writing etc.
I would like to make others aware of this massive pitfall as not many jobs are secure now a days I feel there must be more people going to end up in this position … sorry a little bit of steam let off there

[Amethyst]

Thought it might be that.

agreement 15th June 11

possibly July /Aug /sept were paid but seems to have been repossessed for non payment ?

[Amethyst]

I know I should have done something sooner about this, but whenever I tried I felt overwhelmed by everything. I think I was fighting my own very personal stuff and holding down a full time job and a looking after my family. I had no room for fighting or facing up to other things. I really feel that people don't understand how this works as I didn't at the time.
Now I have read lots and am a lot more aware of the consequences and how I should have gone about things ie done it in writing etc.
I would like to make others aware of this massive pitfall as not many jobs are secure now a days I feel there must be more people going to end up in this position … sorry a little bit of steam let off there

Absolutely understand that, life takes over and you have to concentrate on what matters at the time.

On the positive side your ccj will have fallen off the credit file last August and you're nearly done with the payments ( a year or so left ?)

Hows the rest of your credit file looking now ? Most stuff likely defaulted 2012/2013 so hopefully things are looking better as things fall off at the 6 yr point ... might be worth looking at things you can do something about going forward and putting the car malarkey down to experience. ( unless R0b or PT think there's anything to be done of course ) .