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    • Thanks BankFodder for your latest, I'm in complete agreement on the subject of mediation and will be choosing to decline mediation, the longer timeline is not an issue for me, I will happily let the going to court run it's course. I really appreciate the support from the Consumer Action Group. I'll post the email text I'm sending to Evri's small claims in answer to their recent defence response. Regards, J
    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {15}, 70, 71(2), {Sch. 4} (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
    • We used to recommend that people accept mediation but our advice has changed. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. If it's good for them it's bad for you. On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
    • Nice to hear a positive story about a company on this form for a change. Thank you
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Vehicle Repossession imminent: Santander Consumer Finance


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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 Santander 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 Ombudsman 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

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Santander are becoming very much complained about here on cag!

 

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 :-)

  • Confused 1
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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 Santander 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

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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!!! :-x

 

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

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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!! :madgrin:

 

In that case I would suggest you write a letter to santander 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 ;-)

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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...

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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 auction off your car before anything can be resolved.

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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 Santander (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 Ombudsman, 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)?

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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! :madgrin:

 

I would just tell santander 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 Ombudsman. 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.

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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 Santander Consumer Finance tomorrow, enclosing the cheque with full arrears tomorrow as well and see what happens...

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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 Santander 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 :whoo:

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Crystal is acting on their behalf, they are a car repossession company, that would sell the car on at auction and then presumably send the money onto Santander 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 Ombudsman'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

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Crystal is acting on their behalf, they are a car repossession company, that would sell the car on at auction and then presumably send the money onto Santander 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 Ombudsman'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 :madgrin:

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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!

 

:|

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  • 2 weeks later...

Right, so I sent off all the documentation and a letter to Santander Consumer Finance summarising essentially all that was said here (after moving the car onto Private Property), along with a cheque for the full amount PLUS this months payment for the car (total of £780).

 

The cheque has now been banked, and Im waiting for it to clear (I can see its due to come off my account - the funds are there so it will clear).

 

My question is now, once the cheque has officially cleared - what do I do then?

 

It would mean I have now paid over one third of the car, so I know this means they now definitely need a court order to repossess the car (although I will leave it on private property for the time being anyway).

 

Do I wait for them to send something to me in writing (I did put an addendum into my letter to them saying if they DID accept the cheque payment I would take this as proof that the agreement was still active - because they had said it was cancelled- and that the repossession order was null and void. *BUT* we all know assumption is the mother of all 'mess' ups...)

 

OR do I write them again, with the bank statement attached saying the cheque has cleared my account, could they please confirm in writing that agreement is now active again and all repossessions orders are cancelled...(this would obviously be sent recorded mail)?

 

Wannabe - your advice would definitely be appreciated :-D

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Alright, the money has definitely cleared...

 

I called Santander Consumer Finance to make sure the money had reached them etc. and they confirmed the account was now up to date and OPEN again (it was termed Cancelled when I last spoke to them), however I have recieved nothing from them in writing...

 

Any advice? I dont want to drive the car until I know this is resolved... as a by the by, with them now having accepted the arrears payment AS WELL AS this months payment, I am definitely now over 1/3 paid for the car.

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Right, so I sent off all the documentation and a letter to Santander Consumer Finance summarising essentially all that was said here (after moving the car onto Private Property), along with a cheque for the full amount PLUS this months payment for the car (total of £780).

 

The cheque has now been banked, and Im waiting for it to clear (I can see its due to come off my account - the funds are there so it will clear).

 

My question is now, once the cheque has officially cleared - what do I do then?

 

It would mean I have now paid over one third of the car, so I know this means they now definitely need a court order to repossess the car (although I will leave it on private property for the time being anyway).

 

Do I wait for them to send something to me in writing (I did put an addendum into my letter to them saying if they DID accept the cheque payment I would take this as proof that the agreement was still active - because they had said it was cancelled- and that the repossession order was null and void. *BUT* we all know assumption is the mother of all 'mess' ups...)

 

OR do I write them again, with the bank statement attached saying the cheque has cleared my account, could they please confirm in writing that agreement is now active again and all repossessions orders are cancelled...(this would obviously be sent recorded mail)?

 

Wannabe - your advice would definitely be appreciated :-D

Hello Daniela, sorry for the delay I'm a bit poorly at the mo :-(

 

I think you've done brilliantly so far, well done! 8)

 

The fact that they've cashed your cheque weighs very heavily in your favour. So basically the position you are in right now is that they sent you a default notice but you are now fully paid up to date on your agreement. In order for them to be able to repo the car you would need to be in arrears by 2 payments and defaulted again, they can't take it now irrelevant of how much has been paid! :wink:

 

They absolutely cannot continue to use the previous default as it is now wholly invalid and if they do repo now they would be in serious doodoo :lol:

 

If I were you I would just continue your payments and act as if nothing had ever happened. I don't see any reason why you shouldn't use your car, in fact I'd actively encourage it cos if it goes missing now you'd have a load of mud to sling and they would end up owing you rather a lot of money!

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