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  1. Hi, Trying not to go into too much detail (and apologies for multiple questions) Santander Consumer Finance issued me with a default notice last July, which I did not receive because I moved house. They then sent a notice of termination once I told them I had moved. I didn't want to get into semantics with them about whether the default notice was effective because I received a copy afterwards and don't dispute that I was in default. After they sent the termination notice however they continued to chase me for payment of what they were describing as arrears, even after I made a formal written complaint asking for some clarity - asking what the hell was going on - had they terminated the agreement or not? And if they had why were they telling me that I was missing payments every month and sending me letters threatening to terminate the agreement when they had apparently already terminated it? This went on for months and the only explanation came from their complaints department that sometimes they will allow people to just pay off the arrears and reinstate the standing order for the original payment amount "as a gesture of goodwill". I made at least two offers to enter into a payment agreement with them and these were ignored. The case is now with DWF solicitors who say they have issued the claim at court. I really just want to know how to defend the case - can the default notice and termination notice really have been valid/effective if they continued to chase me for payment of arrears (which increased month on month) and threatened to terminate a by then non-existent agreement. I am a solicitor so have no problem representing myself but we need the car and have paid more than half of the amount owed on the original agreement and have made what I believe to be reasonable attempts to resolve this without involving the court. Santander however seem hell bent on throwing money at this matter to get the car back, despite the fact it is worth less than the outstanding balance. I have made my dire financial state clear to them on innumerable occasions and have been ignored, I've also asked for clarification in writing of why I was being harrassed for payment of arrears when they said the agreement was terminated and that request has also been ignored. This isn't really my area of expertise in law, although I do deal with county court procedure so know about the CPR etc, I'm just curious to know whether I can argue that their actions have invalidated their termination notice. I'm also wondering whether a without notice application for an order for an extension of time to pay the balance would be worthwhile. I was thinking about stressing my financial hardship and my previous offers to pay as well as the complete waste of the court's time and costs dealing with this matter when I have made offers to pay what I can afford. Am I right in thinking the court won't make any orders that would increase my financial hardship? Losing the car would mean my partner couldn't get to work, which would mean losing the job he only started last week after 18 months of unemployment (which caused the financial hardship that led to the default in paying the agreement in the first place!) I'd like to think the court would take a sensible approach and realise that the car is worth way more to us than it is to them (we have a three year old and a four month old and really need a car), but I know what judges can be like and want to make sure I'm doing everything possible to avoid losing the car. Thanks for any advice you can offer. Katie
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