More than five hundred victims have now joined Delissen and Martens, including the policyholders of Stichting Achmea Rechtsbijstand (ASR, Nationale Nederlanden, Interpolis), DAS, ARAG and Klaverblad. Lawyer Olivier van Hardenbroek informs the victims in a state of affairs that that number will increase even further. Atvangarde BV, the company in which the company of Car Driver Deals was placed, has not (yet) been declared bankrupt. Atvangarde is expected to be declared bankrupt in the coming weeks.
liens
Car Driver Deals' own cars are housed in Benefit Groep BV, a company with the same drivers as Atvangarde. Benefit Group's cars are at least partly financed externally. The finance companies have negotiated pledges on cars of the Benefit group as security for the repayment of the loans. It is not yet known whether the liens relate to all cars or to just some of the cars. It is also not yet known what the value is of the cars on which liens rest and how that value relates to the outstanding debts. On June 14, 2021, the finance companies received permission from the court to take possession of the cars on which a pledge was established. The legal term for this is that they may confiscate the cars.
In the meantime, research has also been carried out into the property at 49 Hoofdstraat in Maasbracht, owned by Aikon BV, for which a mortgage of EUR 843.750 was once placed with the mortgagee Aefaros BV in Leeuwarden, which has since been deregistered from the Chamber of Commerce after the merger deed was signed on July 18, 2008. In the meantime, the acquiring legal entity became Aegon Hypotheek Holding. Houses of relatives of the board have since been abandoned and the board continues to hide from the press, lawyers and creditors.
"If you are waiting for a car and you have more than sixty days before the delivery date, you can cancel the agreement without penalty. We recommend that you let us do this. If you are within sixty days before the delivery date, cancellation costs 500 euros. In that case, it is better to wait until the bankruptcy is declared or the delivery date has passed. You will receive personal advice from us regarding your situation."
Both the financiers and the lessors/owners of the cars are claiming the cars, but Van Hardenbroek advises to cooperate. As sour that is, the owners and the financiers are within their rights. They have also been duped by CDD/Atvantage. Of course they should take your interests into account. In practice, most are willing to do so if you cooperate. After returning the car, your agreement with CDD/Atvangarde is legally terminated.
Victims are entitled to a refund of the amount that was paid in advance for the period in which they no longer have a car. On June 16, 2021, Van Hardenbroek seized the bank account numbers of Atvangarde at ABN AMRO on behalf of some victims. It is not yet known whether the seizure has hit its target. Thirty days after the attachment, the bank will state the result of the attachment.
Easy Life
Meanwhile, all kinds of rumors are circulating on social media, in response to some names mentioned in the Car Driver Deals file, about an earlier matter in which many victims were left behind in a different way. The trustees alone indicated that they had declared 787.000 euros in costs and that they expected to need another 3 tons. For the victims little remained. The bankruptcy trustee accused the director, among other things, of maladministration, unlawful acts and promoting a pyramid scheme. But the judge wasn't convinced that the Helmonder was in charge of Easy Life or had committed malpractice.
Also read: Delissen Martens assists victims of Car Driver Deals
