Jump to content
  • Tweets

  • Posts

    • Thank you all for your replies  I am obviuously over thinking things best to continue to ignore  onlymeagain  
    • As advised statute barred debts are dead...if your alive or dead......so are CCJs that are over  6 years old and have never been executed or secured against property by way of a charging order.......no matter how much your estate is worth.
    • I booked several rooms with FABHOTELS.COM - I have made sure the rooms were cancellable    due to the condition in India regarding Covid becoming very bad I cancelled the rooms and my visit to India and will not be travelling for the foreseeable future, I then checked my account and they have stated there can be no refund back to my card but I have to accept their room credits to the value of £478 valid for 12 months when they will then expire if I do not use them by that date,   I have contacted them on several telephone numbers and via email, they have refused to issue a refund : stating it is their policy to issue only rooms credits and these will expire in 12 months, they have advised they have the right to do this under the contract and under Indian law,   I have raised a SEC 75 claim, via the credit card company however they have not advised what the above means and stated it will take 11 weeks for a response,   I am concerned that a refund has been provided and the cancellation has been approved as such as a refundable cancellation, albeit they have stated no refund to the credit card can be made. I have sent the following to them and their response has been - we are unable to assist further - I have now concern how they can do this when the law does not allow this to be possible? The issue that I have experienced was:   Disgraceful behaviour by Fab hotels in holding cancelled bookings in an expiring account when cancelled fully - NO REFUND ISSUED? Please can you refund the full amount to my credit card as due to the Covid restrictions there is no guarantee I will be in India in next twenty four months I await your refund back to my with the Credit card Company as I am not able to use the Credits expiring in 12 Months, I have been in touch with the credit card Company and they have confirmed they will be looking to FabHotels to refund back to the Original card as part of the Sec 75 Laws where a cancellation has been made and the payment has to be refunded back to the Original payment card. I have not been able to confirm I will be using the credits and therefore in order to safeguard my funds these needs to be back into my, If this is not accepted then I reserve the right to take the matter further for a investigation and chargeback as I have not authorised the payment and the reservations have been cancelled. Please can this be escalated to a senior manager and a refund issued back to the Visa card. If this is the Customer experience I have to endure then I will make it quite clear that this i not acceptable that you take money and put it into a expiring account and then ask me to contact you to get the extension,   this is not customer service, I am deeply distressed by your action as there are no other Booking agents who are doing this to their customers, especially considering the hotels have been accepted as cancelled and a refund issued but held in expiring account.
    • That's logical and correct DX,  and how I understood it to work if they can't pursue the debtor  for the debt whilst they are alive, it can't be resurrected and charged against the estate or demanded personally from executors who knew diddly about that SB debt..
  • Our picks

    • Curry’s cancelled my order but took the money anyway. Read more at https://www.consumeractiongroup.co.uk/topic/423055-curry%E2%80%99s-cancelled-my-order-but-took-the-money-anyway/
      • 11 replies
    • Father passed away - Ardent Credit Services (Vodafone) now claiming he owes money. Read more at https://www.consumeractiongroup.co.uk/topic/423040-father-passed-away-ardent-credit-services-vodafone-now-claiming-he-owes-money/
      • 9 replies
    • Currys Refuse Refund F/Freezer 5day old. Read more at https://www.consumeractiongroup.co.uk/topic/422656-currys-refuse-refund-ffreezer-5day-old/
      • 6 replies
    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
      I put a few things in my trolley and then did a shop.
      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
      I did and they took me upstairs.
      I was mortified and said I forgot to scan the clothes and a conditioner, 5 items.
      I know its unacceptable but I was distracted and Initially hadn’t really planned to use scan and shop.
       
      No excuse.
      I offered to pay for the goods but the manager said it was too late.
      He looked at the CCTV and because I didn’t try to scan the items he was phoning the police.
       
      The cost of the items was about £40.
      I was crying at this point and told them I was a nurse, just coming from work and I could get struck off.
       
      They rang the police anyway and they came and issued me with a community resolution notice, which goes off my record in a year.
      I feel terrible. I have to declare this to my employer and NMC.
       
      They kept me in a room on my own with 4 staff and have banned me from all stores.
      The police said if I didn’t do the community order I would go to court and they would refer me to the PPS.
       
      I’m so stressed,
      can u appeal this or should I just accept it?
       
      Thanks for reading 
      • 16 replies
DanielaB

Vehicle Repossession imminent: Santander Consumer Finance

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3597 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

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

Share this post


Link to post
Share on other sites

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

“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

So are you saying that you have made payments since you received the default notice??


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

Share this post


Link to post
Share on other sites

Yes, I have made/was making payments, but still had two outstanding payments from last year - i.e. there are arrears of about £600 on the finance...

Share this post


Link to post
Share on other sites

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??


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

Share this post


Link to post
Share on other sites

I would like to keep my car... nevermind all the negative repercussions against my credit record, I love the car!

Share this post


Link to post
Share on other sites
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 ;-)


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

Share this post


Link to post
Share on other sites

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...

Share this post


Link to post
Share on other sites

Also, what should I being saying to the Repossession Company - Crystal Collections - they are due to pick up the car tomorrow?

Share this post


Link to post
Share on other sites
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.


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

Share this post


Link to post
Share on other sites

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)?

Share this post


Link to post
Share on other sites

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.


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

Share this post


Link to post
Share on other sites

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...

Share this post


Link to post
Share on other sites
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:


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

Share this post


Link to post
Share on other sites

Another quick question: Who has to get the court order? Crystal Collections or Santander Consumer Action?

Share this post


Link to post
Share on other sites

It's always the original creditor. Responsibility for everything starts and stops at their door unless they sell the debt. If crystal screw up, it'll be santander that you will sue as they are acting on behalf of santander.


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites
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:


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

Share this post


Link to post
Share on other sites

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!

 

:|

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

quick question

 

is this a hp agreement or

 

fixed sum loan agreement

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites
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!


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...