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Please help, repossession Santander Consumer Finance


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Ok you think I should maybe hold off the request until after its all come back?

 

On another note I am absolutely astonished how differently we have been treated to Becka who has just posted.

It seems outrageous!! How can the same company act so differently?

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Ok you think I should maybe hold off the request until after its all come back?

 

On another note I am absolutely astonished how differently we have been treated to Becka who has just posted.

It seems outrageous!! How can the same company act so differently?

 

I would. Get everything back and paid for, then hit them!

 

Agree over Becka. As you've probably seen I've posted (was the only one) and advised her to contact them as they seem to be being so reasonable. Crazy world isn't it!

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strictly speaking they only have to show the letters 'were probably' sent if it was an automated system.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hiya, well had a letter through the post yesterday acknowledging my complaint and stating a reply would be made within 4 weeks....this would obviously be a useless response if I was still hoping to get the car back from them without having to pay it all. So not too happy about that.

 

Secondly I have just realised that a very personal possession of mine (silver bracelet loaded with charms collected and given over the years) was in the drinks holder in the front and im worried sick that it might not be there when we go to pick it up. What would I do if it isn't there? I've got no way of proving it :(

 

Any help again please...

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Hiya, well had a letter through the post yesterday acknowledging my complaint and stating a reply would be made within 4 weeks....this would obviously be a useless response if I was still hoping to get the car back from them without having to pay it all. So not too happy about that.

 

Secondly I have just realised that a very personal possession of mine (silver bracelet loaded with charms collected and given over the years) was in the drinks holder in the front and im worried sick that it might not be there when we go to pick it up. What would I do if it isn't there? I've got no way of proving it :(

 

Any help again please...

 

 

OMG Michelle - you're not having it easy are you. I've no idea what to suggest about your bracelet. If it's gone it's theft which is criminal, hence police. But in reality all they are likely to do is give you a crime reference number for insurance purposes. You could try action against the people that took it, but to be honest I don't think you'd stand much chance.

 

As regards your complaint it would have been useless, but it isn't now (try to see some of the positive in this horrible mess) as you can wait four weeks. And don't for one moment think one letter is the end of your complaint. After what you went through (and a good few of us with you) you deserve more than a written apology.

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Hello, I just wanted to add that I think you need to get it in writing that they will return the car if you pay the remaining balance, these people are the **** of the Earth and they cannot be trusted one inch :mad2: I would hate to see you pay all that money and then still not get your car back.

 

As for what they've done, I absolutely agree with all the previous posts; get the car back and then totally sue the pants off them for what they have done!!!!

 

As I see it, this is an unlawful repossession in that they failed to serve a valid default notice, (the total arrears being less than 2 contractual monthly instalments), therefore forfeiting the benefits of Section 87 and they also removed the car from your premises without your INFORMED CONSENT and without a court order, which is a contravention of Section 92, the remedies for which are outlined in Section 132 and additionally their actions are also akin to trespass.

So it appears you would have a very good case against them!

 

Chin up and best of luck :wink:

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OMG Michelle - you're not having it easy are you. I've no idea what to suggest about your bracelet. If it's gone it's theft which is criminal, hence police. But in reality all they are likely to do is give you a crime reference number for insurance purposes. You could try action against the people that took it, but to be honest I don't think you'd stand much chance.QUOTE]

 

Oh gawdd, your not doing much to quell my nerves here Tingy, lets hope there are some half decent people left out there somewhere, anyone can clearly see its a really personal item. :(

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Hello, I just wanted to add that I think you need to get it in writing that they will return the car if you pay the remaining balance, these people are the **** of the Earth and they cannot be trusted one inch :mad2: I would hate to see you pay all that money and then still not get your car back.

 

As for what they've done, I absolutely agree with all the previous posts; get the car back and then totally sue the pants off them for what they have done!!!!

 

As I see it, this is an unlawful repossession in that they failed to serve a valid default notice, (the total arrears being less than 2 contractual monthly instalments), therefore forfeiting the benefits of Section 87 and they also removed the car from your premises without your INFORMED CONSENT and without a court order, which is a contravention of Section 92, the remedies for which are outlined in Section 132 and additionally their actions are also akin to trespass.

So it appears you would have a very good case against them!

 

Chin up and best of luck :wink:

 

 

That hadn't even occured to me, could they actually do that? I will get onto it tomorrow as the loan will be in place by Thursday and I was hoping to pick it up by Monday.

 

You seem very informed by the way, may I ask what legislation that refers too? I am somewhat of a novice :(

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That hadn't even occured to me, could they actually do that? I will get onto it tomorrow as the loan will be in place by Thursday and I was hoping to pick it up by Monday.

 

You seem very informed by the way, may I ask what legislation that refers too? I am somewhat of a novice :(

Unfortunately they could do that if you have nothing in writing to confirm their offer :sad: I'm not saying it will happen but it's always best to err on the side of caution when dealing with these people because they didn't exactly play by the rules in the first place!

The fact is that once they have repo'd a car they are entitled to claim the balance remaining on the agreement minus the amount they get for the car at auction, so it is possible they will take your money, sell the car for a pittance at auction and then refund you that amount. Like I said, it's always best to have everything in writing, you can't trust anything they might say on the phone!

 

Sorry I get bit ahead of myself sometimes, the legislation is the Consumer Credit Act 1974 and the Consumer Credit Act Amendments 2006. I had my own car unlawfully repossessed in January 2010 and have since taken court action them, I have spent a ridiculous amount of my life researching the law regarding these issues!

If you have a spare few days you can read my thread lol!

Car repossessed off private property with no default or termination served with police consent! Please help

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Unfortunately they could do that if you have nothing in writing to confirm their offer :sad: I'm not saying it will happen but it's always best to err on the side of caution when dealing with these people because they didn't exactly play by the rules in the first place!

The fact is that once they have repo'd a car they are entitled to claim the balance remaining on the agreement minus the amount they get for the car at auction, so it is possible they will take your money, sell the car for a pittance at auction and then refund you that amount. Like I said, it's always best to have everything in writing, you can't trust anything they might say on the phone!

 

Sorry I get bit ahead of myself sometimes, the legislation is the Consumer Credit Act 1974 and the Consumer Credit Act Amendments 2006. I had my own car unlawfully repossessed in January 2010 and have since taken court action them, I have spent a ridiculous amount of my life researching the law regarding these issues!

If you have a spare few days you can read my thread lol![/b]

 

Ok thank you, you are probably right, since this has happened (2nd December) the only written correspondance we have had was a 10 day late termination letter. They don't seem very hot on keeping you informed of the process or your rights.....the more I think about it the more shady it seems!

 

That certainly is a long post, I will make sure to read it tomorrow when I don't have to prop my eye lids open with matchsticks.....damn pregnancy!! LOL

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  • 5 years later...

Hi, I know this is an old post, however I found myself in a very similar situation to this post. If anyone needs advice on how to deal with this in the future let me know. It's a very draining, emotional process, but there is light at the end of the tunnel if you keep fighting and don't give in.

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then start a new thread

and tell your story

that way you CAN help

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 3 months later...

start a new threadlink3.gif

and tell your story

that way you CAN help

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hey!

 

Have you received the default notice before you received the termination letter?

Have you been receiving your mail to the correct address?

How far in arrears are you?

 

 

As soon as you're two months in arrears, they automatically issue a termination letter.

What's the reason you fell into arrears?

 

 

As that will be a factor on whether they reinstate your finance agreement with them.

 

 

I know at the moment it's a very stressful time for you, my anxiety was through the roof when this was happening to me, just try to calm down.

 

 

Have you tried to call Santander?

 

 

When you do, request to speak to a Manager.

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thread is from 2010!

 

 

now closed

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

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Thanks

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