Heathy135
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Phoned Santander today, to find out what is happening with the car, to be told that they had held off from selling the car because I had said that I would pay the car off in full. Not only have I not said this, they didn't even inform me of this. Apparently they have also not contacted me because they wont until the car has been sold at auction. Any thoughts on what I should do now after my last response from them? Postggj have you any thoughts on that second letter you mentioned?
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So, Santander repossessed the car on Tuesday 11th June, with the repossession order apparently going out to Anglia a few days before that. . . How come, they have sent me a letter (received today - attached), dated the 11th June, that states to contact them about my arrears? Surely that has just ruined any chance they have on the repossession being correct? I phoned them up as stated on the letter, to be shouted at, told the debt recovery department was closed, and then hung up on.
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Dear Sir/Madam, I am writing to you to complain about the unlawful repossession of my Vauxhall Corsa Limited Edition on Tuesday 11th June 2013 at 21:40. The car was repossessed without a written repossession notice being sent to myself, and was also taken from private property without both my consent and a return of goods court order. You have a statutory duty to inform me of any repossession by writing, along with producing a court order to remove any car from private property. I therefore require its immediate return for breach of contract, along with the breach of conversion which has occurred as you had no authority under law to remove property, therefore making you guilty of theft and a tortuous act. Yours sincerely Does this sound ok?
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Thank you postggj. That's what I thought was the case, but I wasn't sure of the acts/laws. Do you think it would be best to send the letter recorded delivery, so that they can't deny they received it? Ill draft up a letter now and post it on here in a bit. How can we prove that the car was taken off the drive if the anglia deny this though?
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They wont let me speak to the manager I was in contact with, so I have no idea if he knows. I was told that as long as the arrears were paid off in full once the FOS decision had come back that they wouldn't repossess it. They didn't even give us that chance. The repossession agency did say that the decision had come from the high managers, so maybe they just made a decision on the sums and not what we had been told? What we had saved would have covered the arrears but I don't think it would have brought it over 1/3 unfortunately.
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Have paid £1056.60. Santander themselves cancelled the direct debit when the complaint went to the FOS. and we asked to re set it up to keep up with payments but they didn't let us. They told us to put the money aside in another account, which is what we have done. The Friday before they repossessed the car, I phoned up to speak to the manager I had been dealing with to see if we could pay the arrears off, but he failed to return my call. According to their statement as of the 28th May, we have £12,751.16 left to pay (this mentions nothing about being in arrears). On the statement of account, it states that no further action is required on my part, surely this should have detailed that I was in arrears and they needed to be paid?
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