Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)

+ Reply to Thread
Page 1 of 2
1 2 LastLast
Results 1 to 20 of 31
  1. #1
    Basic Account Holder DanielaB Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Sep 2010
    Posts
    18

    Default Vehicle Repossession imminent: Santander Consumer Finance

    Hi,

    I am new here, but had spent some time reading through the threads.
    My sad tale of woe is made sadder because I simply have no one else to blame but myself really...

    I got a car through Santandericon Consumer Finance in Oct 2008 on HP - made payments regularly without issue until Oct 2009 when I lost my job (was made redundent due to recession) and wasnt able to find work for about 5months - in those 5months there have been 3 missed payments. When I was employed again I resumed payments and when I had extra cash, made extra payments - however, there are still 2 payments outstanding.
    Anyway, Crystal Repossession company contacted me last week to say they had been handed an order to repossess the car on behalf on Santander.

    I panicked on Friday, contacted family members, found out how much was in arrears, and got the money together.
    I contact Santander on Friday to tell them I was able to pay arrears PLUS charges in full, if they could halt the repossession order.
    They told me unless I could pay in full (£6500) they were not interested as they had cancelled the contract. I called several times trying to make the arrears payment because this would have taken me over paying 1/3 of the car but they would not accept the payment (I was told to do this by an insolvency debt helpline, because then Santander Consumer finance would need a court order to get the car).

    We then contacted the Financial Ombudsmen, and Santander Consumer Finance to lodge compliants - subsequently, I have held off the Repossession company until tomorrow, when they want to pick up the car.

    My question is, I have recieved a letter from Santander Consumer Finance Customer Services department, with my agreement number on it, saying they are investigating my compliants (but this can take up to 4weeks to resolve), as well as recieving confirmation that the Financial Ombudsmanicon has contacted Santander as well (but they have to allow 8 weeks for Santander to repsond) - my question is:

    Do I allow them to take the car and wait for a resolution?
    Or do I 'hide' the car on private property, contact the repossession company and tell them I will not reliquish the car until all investigations are complete...?

    I still have the total amount in arrears ready to pay, but was told by Santander Consumer Finance, last week, that this wasnt good enough...

    *cookies for anyone that got through all that and understood my rambling*
    Any advice would be appreciated

    Thanks
    Dani


  2. #2
    Classic Account Holder
    Help the CAG!!
    Make a contribution
    wannabedebtfreesoon Highly informative wannabedebtfreesoon Highly informative wannabedebtfreesoon Highly informative wannabedebtfreesoon Highly informative wannabedebtfreesoon Highly informative wannabedebtfreesoon Highly informative wannabedebtfreesoon's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Dec 2008
    I am in
    Staffs
    Posts
    2,245

    Default Re: Vehicle Repossession imminent: Santander Consumer Finance

    Santandericon are becoming very much complained about here on CAGicon!

    Firstly I would suggest moving your car off the road until this issue has been resolved as a matter of urgency!!

    I trust this was a regulated HP agreement?

    So basically you are 2 payments in arrears and they are determined to repo. Have you received a default notice or termination letter from them??

    Don't blame yourself, we all get into financial difficulty from time to time and that certainly wasn't your fault!
    You have been doing your best to deal with this problem and making extra payments whenever you can, you have absolutely nothing to reproach yourself over.

    These companies are generally nothing more than ugly bullies, as consumers we are not trying to avoid paying our debts just simply petitioning to be treated fairly and honestly.

    I'm sure you will get all the help you need here

    “First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

    "You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."


    Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

    <-- If I have helped in any way please click my star!!
    Oh and I am a lady!!

    Follows
    0
    Following
    0

  3. #3
    Basic Account Holder DanielaB Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Sep 2010
    Posts
    18

    Default Re: Vehicle Repossession imminent: Santander Consumer Finance

    I have recieved default notices, yes - which I added onto the payments I have been making...

    However, I dont believe I have recieved a Termination Letter (I have gone through ALL the mail just to check) - I was simply told on the phone, when I contacted Santandericon Consumer Finance on Friday to try and make the arrears payment *in full* (£600) that the agreement had been cancelled and could therefore not make the payment - the repossession was going through...

    And yes, it was a regulated HP agreement


  4. #4
    Classic Account Holder
    Help the CAG!!
    Make a contribution
    wannabedebtfreesoon Highly informative wannabedebtfreesoon Highly informative wannabedebtfreesoon Highly informative wannabedebtfreesoon Highly informative wannabedebtfreesoon Highly informative wannabedebtfreesoon Highly informative wannabedebtfreesoon's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Dec 2008
    I am in
    Staffs
    Posts
    2,245

    Default Re: Vehicle Repossession imminent: Santander Consumer Finance

    So are you saying that you have made payments since you received the default notice??

    “First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

    "You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."


    Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

    <-- If I have helped in any way please click my star!!
    Oh and I am a lady!!

    Follows
    0
    Following
    0

  5. #5
    Basic Account Holder DanielaB Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Sep 2010
    Posts
    18

    Default Re: Vehicle Repossession imminent: Santander Consumer Finance

    Yes, I have made/was making payments, but still had two outstanding payments from last year - i.e. there are arrears of about £600 on the finance...


  6. #6
    Classic Account Holder
    Help the CAG!!
    Make a contribution
    wannabedebtfreesoon Highly informative wannabedebtfreesoon Highly informative wannabedebtfreesoon Highly informative wannabedebtfreesoon Highly informative wannabedebtfreesoon Highly informative wannabedebtfreesoon Highly informative wannabedebtfreesoon's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Dec 2008
    I am in
    Staffs
    Posts
    2,245

    Default Re: Vehicle Repossession imminent: Santander Consumer Finance

    So even though you were making regular payments of the full amount and paying some off your arrears when you could, they still terminated and instructed repo agents?? What a flaming disgrace!!!

    Well what you do next really depends on what outcome you would like to see, what is the ideal solution to this for you??

    “First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

    "You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."


    Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

    <-- If I have helped in any way please click my star!!
    Oh and I am a lady!!

    Follows
    0
    Following
    0

  7. #7
    Basic Account Holder DanielaB Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Sep 2010
    Posts
    18

    Default Re: Vehicle Repossession imminent: Santander Consumer Finance

    I would like to keep my car... nevermind all the negative repercussions against my credit record, I love the car!


  8. #8
    Classic Account Holder
    Help the CAG!!
    Make a contribution
    wannabedebtfreesoon Highly informative wannabedebtfreesoon Highly informative wannabedebtfreesoon Highly informative wannabedebtfreesoon Highly informative wannabedebtfreesoon Highly informative wannabedebtfreesoon Highly informative wannabedebtfreesoon's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Dec 2008
    I am in
    Staffs
    Posts
    2,245

    Default Re: Vehicle Repossession imminent: Santander Consumer Finance

    Quote Originally Posted by DanielaB View Post
    I would like to keep my car... nevermind all the negative repercussions against my credit record, I love the car!
    Trust me, I know how you feel!!

    In that case I would suggest you write a letter to Santandericon stating that you have not received a default notice and, on the basis of the previous default notice, the default is invalid due to overstating of sums due. Therefore if they proceed with the repo on the back of a dodgy dn the agreement will be invalid and you will sue them unlawful repo and unlawful rescission of contract whereby you will be entitled to return of all monies paid and return of the vehicle or the value of.
    The vehicle is now kept constantly on private property so if they wish to repo they would need to apply to the courts for a return of goods order which, incidentally, you will vehemently defend on the basis of their unreasonable conduct in not accepting payment of the arrears, also notwithstanding your right to ask the court for a time order whereby you may be permitted to keep the vehicle and continue with payments as is your intention presently.
    Alternatively they could just accept your payment and say no more about it ;-)

    “First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

    "You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."


    Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

    <-- If I have helped in any way please click my star!!
    Oh and I am a lady!!

    Follows
    0
    Following
    0

  9. #9
    Basic Account Holder DanielaB Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Sep 2010
    Posts
    18

    Default Re: Vehicle Repossession imminent: Santander Consumer Finance

    Thank you so much for your feedback...

    Would they need to get a court order for return of goods even though I *havent* paid off 1/3 of the repayments yet?
    I was led to believe they are legally allowed to repossess then even without a court order?

    It is all very confusing (and I really am not trying to shirk my responsibility in this - I am happy to pay the arrears, the default charges AND continue to pay off the car) - and btw, I have just rechecked *everything* and I definitely have not recieved a final notice OR a letter of termination. All I have are default notices...


  10. #10
    Basic Account Holder DanielaB Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Sep 2010
    Posts
    18

    Default Re: Vehicle Repossession imminent: Santander Consumer Finance

    Also, what should I being saying to the Repossession Company - Crystal Collections - they are due to pick up the car tomorrow?


  11. #11
    Classic Account Holder
    Help the CAG!!
    Make a contribution
    wannabedebtfreesoon Highly informative wannabedebtfreesoon Highly informative wannabedebtfreesoon Highly informative wannabedebtfreesoon Highly informative wannabedebtfreesoon Highly informative wannabedebtfreesoon Highly informative wannabedebtfreesoon's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Dec 2008
    I am in
    Staffs
    Posts
    2,245

    Default Re: Vehicle Repossession imminent: Santander Consumer Finance

    Quote Originally Posted by DanielaB View Post
    Thank you so much for your feedback...

    Would they need to get a court order for return of goods even though I *havent* paid off 1/3 of the repayments yet?
    I was led to believe they are legally allowed to repossess then even without a court order?

    It is all very confusing (and I really am not trying to shirk my responsibility in this - I am happy to pay the arrears, the default charges AND continue to pay off the car) - and btw, I have just rechecked *everything* and I definitely have not recieved a final notice OR a letter of termination. All I have are default notices...
    They can only take the car without a court order IF less than a third has been paid AND it is on the road.
    Like I said earlier, you need to get the car moved off the road as a matter of urgency! Have you got a drive or a garage or do you know someone that has? If it's left on the road they will take it and you will end up going to court with this and more than likely they will auctionicon off your car before anything can be resolved.

    “First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

    "You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."


    Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

    <-- If I have helped in any way please click my star!!
    Oh and I am a lady!!

    Follows
    0
    Following
    0

  12. #12
    Basic Account Holder DanielaB Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Sep 2010
    Posts
    18

    Default Re: Vehicle Repossession imminent: Santander Consumer Finance

    Yes I can have the car moved off the road, and onto private property (quiet away from where I live, so they would not be able to find it).

    Do I then tell the Repossession Company all of this, and then send off the letter to Santandericon (I know I did write to them on Friday and complained, and they are investigating that - however, I have not told them to get a court order for return of goods OR told them I have involved the Financial Ombudsmanicon, who believes we do have a case) - presumbaly, Crystal Collections *will not* be happy and hound me until this is resolved (or rather, if it can be)?


  13. #13
    Classic Account Holder
    Help the CAG!!
    Make a contribution
    wannabedebtfreesoon Highly informative wannabedebtfreesoon Highly informative wannabedebtfreesoon Highly informative wannabedebtfreesoon Highly informative wannabedebtfreesoon Highly informative wannabedebtfreesoon Highly informative wannabedebtfreesoon's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Dec 2008
    I am in
    Staffs
    Posts
    2,245

    Default Re: Vehicle Repossession imminent: Santander Consumer Finance

    Well it quite definitely can be resolved, all they need to do is accept your payment of the arrears and then carry on as before, simples!

    I would just tell Santandericon and crystal that the car is now on private property and will remain there until you have received the outcome of your complaint to the Ombudsmanicon. You consider their enforcement activities to be unjustified and questionable and you will not voluntarily hand over the vehicle as long as there is a complaint in process.

    “First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

    "You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."


    Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

    <-- If I have helped in any way please click my star!!
    Oh and I am a lady!!

    Follows
    0
    Following
    0

  14. #14
    Basic Account Holder DanielaB Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Sep 2010
    Posts
    18

    Default Re: Vehicle Repossession imminent: Santander Consumer Finance

    You have been an aboslute angel!! Thank you for you help - I will move the car immediately - and will be having a chat with Crystal tomorrow, and writing to Santandericon Consumer Finance tomorrow, enclosing the cheque with full arrears tomorrow as well and see what happens...


  15. #15
    Classic Account Holder
    Help the CAG!!
    Make a contribution
    wannabedebtfreesoon Highly informative wannabedebtfreesoon Highly informative wannabedebtfreesoon Highly informative wannabedebtfreesoon Highly informative wannabedebtfreesoon Highly informative wannabedebtfreesoon Highly informative wannabedebtfreesoon's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Dec 2008
    I am in
    Staffs
    Posts
    2,245

    Default Re: Vehicle Repossession imminent: Santander Consumer Finance

    Quote Originally Posted by DanielaB View Post
    You have been an aboslute angel!! Thank you for you help - I will move the car immediately - and will be having a chat with Crystal tomorrow, and writing to Santandericon Consumer Finance tomorrow, enclosing the cheque with full arrears tomorrow as well and see what happens...
    You are very welcome, I have the T-shirt so I know what you're going through!

    Good for you! Well done for standing up for yourself and complaining against these bullies

    “First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

    "You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."


    Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

    <-- If I have helped in any way please click my star!!
    Oh and I am a lady!!

    Follows
    0
    Following
    0

  16. #16
    Basic Account Holder DanielaB Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Sep 2010
    Posts
    18

    Default Re: Vehicle Repossession imminent: Santander Consumer Finance

    Another quick question: Who has to get the court order? Crystal Collections or Santandericon Consumer Action?


  17. #17
    Classic Account Holder
    Help the CAG!!
    Make a contribution
    wannabedebtfreesoon Highly informative wannabedebtfreesoon Highly informative wannabedebtfreesoon Highly informative wannabedebtfreesoon Highly informative wannabedebtfreesoon Highly informative wannabedebtfreesoon Highly informative wannabedebtfreesoon's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Dec 2008
    I am in
    Staffs
    Posts
    2,245

    Default Re: Vehicle Repossession imminent: Santander Consumer Finance

    It's always the original creditor. Responsibility for everything starts and stops at their door unless they sell the debt. If crystal screw up, it'll be Santandericon that you will sue as they are acting on behalf of santander.

    “First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

    "You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."


    Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

    <-- If I have helped in any way please click my star!!
    Oh and I am a lady!!

    Follows
    0
    Following
    0

  18. #18
    Basic Account Holder DanielaB Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Sep 2010
    Posts
    18

    Default Re: Vehicle Repossession imminent: Santander Consumer Finance

    Crystal is acting on their behalf, they are a car repossession company, that would sell the car on at auctionicon and then presumably send the money onto Santandericon Consumer Finance.

    That does help calm my mind - I assume it would take longer for Santander Consumer Finance to actually get the court-order for return of goods? And they would only be after both their and the Financial Ombudsmanicon's investigations are over, which would be at least 8 weeks time.

    The car has been moved onto a private property, a fair way away from my address - I'll call the repossession company tomorrow (wish me luck, *THAT* is not going to be a nice call) and get everything off to Santander in writing as well...

    Again THANK YOU


  19. #19
    Classic Account Holder
    Help the CAG!!
    Make a contribution
    wannabedebtfreesoon Highly informative wannabedebtfreesoon Highly informative wannabedebtfreesoon Highly informative wannabedebtfreesoon Highly informative wannabedebtfreesoon Highly informative wannabedebtfreesoon Highly informative wannabedebtfreesoon's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Dec 2008
    I am in
    Staffs
    Posts
    2,245

    Default Re: Vehicle Repossession imminent: Santander Consumer Finance

    Quote Originally Posted by DanielaB View Post
    Crystal is acting on their behalf, they are a car repossession company, that would sell the car on at auctionicon and then presumably send the money onto Santandericon Consumer Finance.

    That does help calm my mind - I assume it would take longer for Santander Consumer Finance to actually get the court-order for return of goods? And they would only be after both their and the Financial Ombudsmanicon's investigations are over, which would be at least 8 weeks time.

    The car has been moved onto a private property, a fair way away from my address - I'll call the repossession company tomorrow (wish me luck, *THAT* is not going to be a nice call) and get everything off to Santander in writing as well...

    Again THANK YOU
    I would think that crystal are just a recovery company that will collect the car and deliver it to an auction house, it'll be santander that take over from there.

    They will need to apply for a court order to have the car removed from private property but in the course of that you will have the opportunity to defend and ask the court to grant a time order which in effect will be exactly what you are already offering - to pay off the arrears and continue with your monthly payments!! Only difference will be that they will have to go to the expense of issuing a claim and you will be able to bring their unreasonable behaviour to the court's attention when making any decision.

    Personally I doubt if it will get that far, now that the ombudsman are involved you'll probably find they soon start back tracking!

    You are very welcome, glad to help

    “First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

    "You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."


    Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

    <-- If I have helped in any way please click my star!!
    Oh and I am a lady!!

    Follows
    0
    Following
    0

  20. #20
    Basic Account Holder DanielaB Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Sep 2010
    Posts
    18

    Default Re: Vehicle Repossession imminent: Santander Consumer Finance

    The car was moved onto private property last night (several miles away from where I live) and I have spoken to the Repossession company and told them what is happening and that they will need a court order for the removal of goods before I hand over the car...

    They have requested I send a copy of everything I will be posting (via recorded mail, naturally) to them as well - as a courtesy, I will do so...

    I will keep you updated of how things pan out... I can only hope and pray I manage to salvage my car and what is left of a reputation after this!
    I can only hope anyone that reads this serves as a warning of what NOT to do!





Viewing CAG on a small screen? Switch to the mobile version of the site

Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE