Advantage Finance making my life a misery

Intheattic

In 2012 I had what I thought was a secure good paid job, I'd worked there for years and didn't expect what was due to happen so I got a car on finance for commuting - my now ex partner signed jointly with me because I didn't have good credit. In 2014 the car was repossessed due to severe financial difficulty and at that time I was also left homeless/jobless and they tried to say it was only sold at auction for £190 which I find extremely hard to believe as it was a newish car and since then they have hounded me for payments getting courts involved.

I set up a payment plan with them of £20 a month and they tried to take out the full finance amount of £129 which obviously bounced back because I only expected £20 to go out. I was given a CCJ for this because I'd breached the payment plan.

I then received a letter for my ex saying they were going to do an attachment of earnings if they didnt receive a payment so I set up another payment plan with them and they told me that they'd cancel the attachment of earnings order.

I have had a letter from the court again today saying that they are going ahead with the attachment of earnings on my ex partner and its a very large amount so I can imagine I will now get some abuse from him over this.

I rang the court on a few occasions to try to give my side of the story but they just tell me to contact Advantage.

They make things very difficult for me. Is the CCJ they gave me justified? Seeing as I set up a direct debit and they tried to take alot more?

Is there anyone I can speak to for advice on this?

sourcrates

Hi,

Are those figures correct ? I'm guessing not !!

And you don't just get "given" a CCJ, you would of had the opportunity to defend the case in court, did you not do this ?

fermi

The time to challenge the CCJ and what the car sold for would have been when you first got court papers in the form of a claim form for it in the post.

Full amount of finance for a car is £129?

Intheattic

What figures sorry?

I received a letter from court threatening the CCJ but no chance to attend court it just had a form to fill in and send back which I did and filled in a box explaining what happened but it was disregarded and I was given the CCJ regardless. I even rang the court to ask how I can give my side of the story but they just told me to contact Advantage.

Intheattic

Sorry I meant the £129 was the usual monthly repayments I was paying in the beginning when I had the car. So instead of taking £20 they tried to take out £129 what the payments would have been two years before.

sourcrates

Intheattic wrote: »

What figures sorry?

I received a letter from court threatening the CCJ but no chance to attend court it just had a form to fill in and send back which I did and filled in a box explaining what happened but it was disregarded and I was given the CCJ regardless. I even rang the court to ask how I can give my side of the story but they just told me to contact Advantage.

"it was only sold at auction for £190 which I find extremely hard to believe as it was a newish car and since then they have hounded me for payments getting courts involved.

I set up a payment plan with them of £20 a month and they tried to take out the full finance amount of £129 which obviously bounced back because I only expected £20 to go out. I was given a CCJ for this because I'd breached the payment plan."

The figures youve given for the car ? Seem very low ?

Edit: ok, so how much did it sell for ? And how much do they say is still outstanding ?

fermi

If you defended or part defended the claim, you should have had a hearing (form N9C).

If you admitted the claim on a N9A, then you get a CCJ no matter what, without a hearing.

You always need to get advice on responding to a court claim, as it's easy to get wrong. If you do, it's often next to impossible to put right after the fact.

Intheattic

They said the car sold at auction for £190 and that I owed £2000 shortfall but I find it really diffcult to believe that a 2009 car with no problems sold at auction for £190 and every time I ask for proof of this they refuse.

sourcrates

Intheattic wrote: »

They said the car sold at auction for £190 and that I owed £2000 shortfall but I find it really diffcult to believe that a 2009 car with no problems sold at auction for £190 and every time I ask for proof of this they refuse.

Suggest you contact CAB about this :

https://www.citizensadvice.org.uk/debt-and-money/action-your-creditor-can-take/creditor-takes-money-from-your-wages/

Have you filled in an N56 form yet for the court ?

They should of sent you one.

Intheattic

I filled in a form that was sent with the court letter I'm not sure what it was called sorry