HI 2ltr16valve Thanks for the quick reply, surely my email was clearly an enquiry. You don't think this could be taken seriously,,,,,,could it? Regards Coolbird

HI All I have had a car on a CSA from Santander Consumer Finance for close to 30 months on a 60 month agreement and I am considering handing the car back under the 50% rule, but not trusting Santander's inclusion in the terms and conditions of "you must return the car at your own cost" I wanted to make sure I did not have to return the car to John O'Groats or Portsmouth. So I sent an email to Santander consumer advice asking: "Dear Sir/ Madam In the terms of the above agreement under "Termination Your Rights" it states that once I have paid at least £5769.90 with all payments up to date, I can return the car with nothing further to pay. I am very close to repaying the above mentioned sum and I am seriously considering claiming this right but in the conditions under section 7 "Your Right to Terminate" it also states "I must return the car to you at my own expense". Under these terms where would I need to return the car to? Thank you in advance." I did not receive a reply but last night I received a call from a guy asking when it would be convenient to pick my car up, whan I got hame I received a letter from Santander, first line of the letter is "Thank you for your letter exercising your right to terminate the above agreement, I can confirm that this agreement is now terminated and the goods must be returned to us at once." My email clearly stated that I was seriously considering, what the hell do I do now???? I have not contacted santander yet as I think it prudent to ask the wonderful people on this forum Any ideas guys???? Regards Coolbird

Thanks PostggJ your a star. It will be in the post tomorrow and I will keep you informed. Thanks again Coolbird

Hi postggj I don't see how I can send that second letter as it refers to PPI which does not appear on the cca! whether thats accurate or not is another matter. CCA as requested http://i909.photobucket.com/albums/ac292/coolbird/img001CCA.jpg http://i909.photobucket.com/albums/ac292/coolbird/img002CCA.jpg ODC the letter states " failure to make a reasonable proposal will result in the commencement of County Court proceedins for the full outstanding balance of your above debt" Regards Coolbird

Hi postggj The letter I sent was the first one and they sent back just a CCA " Originally Posted by postggj SEND THIS RECORDED TO MARLIN BY RECORDED DELIVERY Your Address Date Dear Sir/Madam Re:− Account/Reference Number 4563210025897412 This letter is a formal request pursuant to s.77 TO S.79 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply. Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR). I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee. We look forward to hearing from you. Yours faithfully" In what way could they refute? I will get the CCA scanned and post it later Thanks for your help Coolbird

Thanks for that slyspy but you do get the feeling that they think they still have the right to chase this and they don't seem to play by any sort of laws! Regards Coolbird

I have had a letter from Mortimer Clarke Solicitors so I guess its time I gave an update and asked for your guys advice again. I posted out the letter that postggj gave me requesting the cca and other documents, on the 13th April I received a reply containg a copy of the CCA but no other documents, the cca says payment protection nil but I cannot confirm whether this is accurate. Anyway I didnt respond and took the earlier advice and ignored and until this morning not heard a thing as was stated by cerberusalert in an earlier reply the payment they claim I made on 08/06/2004 will become SB before the mail ping pong comes to an end and unless I am miss informed they need to give 30 days notice of CCJ action (or am I wrong) so they have run out of time? Anyway today I received a letter from Mortimer Clarke Solicitors containing an expense & expenditure form and the letter stating if I don't get in touch within 7 days they will commence debt recovery proceedings against me in the county court. My head says they are trying it on but my rear end is twitching badly:-o, as always your advice is welcome. Regards Coolbird

Thanks again postggj I will post the CCA on Friday and keep you informed. Best Regards Coolbird

Thanks postggj Wow great letter would it be best to fire this off immediately or wait a few days (every little helps) Just for curiosity how long do they have to reply? Great reponse guys thanks Coolbird:-D

I must say you people are restoring my faith in my fellow man, its not everyday you get so much help. But no I dont even know what a cca is!. Coolbird

Hi debt4get This sounds like a plan but I presume it needs to be done in a specific way as to not give them any loopholes? Would I at the same time question these dodgy payments? Thanks Coolbird

Hi postggj There has been no copies of any agreements simply letters with reference numbers, not even mentioning who the debt is owed too! Regards Coolbird

Hi My online bank statements dont go back that far On this statement (plain paper with a load of figures on it) these payments are marked for example: DR EXT Date 125 (Balance) They are obviously going to expect a response from me, do I send a recorded letter asking for the exact details of these payments? Its probably very obvious but I am hanging on every bit of advice. Thanks Coolbird

Hi Again Well Marlin were fast; I spoke to them on saturday morning and they have sent me a statement of accounts that arrived today, strange it shows payments to an external as they call it but I have no recollection of having made these payments! the car was purchased March 2002 and payments were made toseptember 2002 when the car was reposessed. These anomolous payments started in late 2003 with the last one on 08/06/2004 Please be patient but I have a couple of questions that I dont understand. How can I deny the debt? How can Marlin place the default and then collect information at a later date about payments that extend the statute? Its over two months before this so called final payment allows it to be barred again, how the heck am I going to hold these blood suckers off? Thanks for any help guys Coolbird:???:

Thanks for the reply guys; it will not stop me worrying but its a better place than I was in before all your advice. I will be back with any changes in status. Thanks again Coolbird:oops:

Wow thanks quick reply, can they not take legal action between now and then and as marlin placed the default on my credit file just before it became statute barred how do I stand with that? Thanks again Coolbird

Hi I bought a car from Yes Car in approximately 2001 and cutting a long story short became unemployed a few months after and they reposessed the car and sent me a bill for nearly £7,000 after this I didnt hear a thing until around 2003/4 when I got an occassional letter from a debt collection agency which I ignored, Marlin placed a default on my experian credit file about 6 months before it became statute barred but never contacted me the default dissappeared off my credit file a couple of years ago and I thought that was that. Last week I received a letter asking me to contact urgently to arrange a suitable repayment plan, I ignored this as a fishing letter hoping to latch onto the foolish, now I have received a letter saying if I dont contact within 7 days they will either: A solicitor will be employed to decide whether to recover the debt in the county court. A licensed collection agency will be instructed to visit your home to seek a repayment plan. Or An alternative DCA will be instructed to collect the outstanding debt. I was that annoyed I called them stating that I didnt owe any money to there clients and the so celled debt was now statute barred and claims made in the letter were grounds for harrassment. They said that it was not statue barred as a payment had been made to an "outside source" of £100 in June 2004 so it was not barred. First I dont remember making any such payment but they said they will send me a statement of accounts and will be persuing the debt. I am really confused. Any advice would be welcome. Regards Coolbird