Vehicle Repossession imminent: Santander Consumer Finance

[wannabedebtfreesoon]

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

[wannabedebtfreesoon]

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

[wannabedebtfreesoon]

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!!!

 

Well what you do next really depends on what outcome you would like to see, what is the ideal solution to this for you??

[wannabedebtfreesoon]

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!!

 

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 ;-)

[wannabedebtfreesoon]

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.

[wannabedebtfreesoon]

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!

 

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.

[wannabedebtfreesoon]

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

[wannabedebtfreesoon]

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.

[wannabedebtfreesoon]

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

[wannabedebtfreesoon]

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

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!

 

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

 

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!

[wannabedebtfreesoon]

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.

Looks like our posts crossed!

 

There's nothing to worry about now, they've no right to your car because you're not in arrears.

 

When it comes to the third you also need to check that there aren't any insurances on the agreement because that will effect the amount you have paid but this will only be relevant if you fall into arrears again in the future.

[wannabedebtfreesoon]

Wannabe, you have been an absolute angel - thank you SO much for all your advice it has been absolutely invaluable - if it wasnt for you and this forum, I would have handed over my car *not* knowing any better... I have you to thank for now still being in possession of my car!

 

So I dont have to wait for something in writing before I drive the car? I have definitely now paid ALL arrears and default charges, as well as this months installment ( I was told on the phone as well that I was completey up to date with payments) - OH I am so excited to be able to go and pick up my 'boy' again! I have missed him so much...!!

 

Do I need to inform Crystal Collections, the repossession agents, or just leave them be? I would assume Santander will contact them...?

You are very welcome, always happy to help where I can and it's so nice to have a happy ending. I have a very close relationship with my old car too so I totally get you!!

 

My opinion is that you've done your bit, you've made the effort and you've sorted out the payments, the rest of it is not your problem. If they don't inform crystal and something happens to your car it will be them that will face the music not crystal so it's in their best interests to get it all cleared up. If you want to contact crystal and check that everything's ok for your own piece of mind it's entirely up to you.

 

I suppose all that's left for me to say is happy motoring to you and your boy!

 

x x x

[wannabedebtfreesoon]

How fabulous!! I'm so pleased for you