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Termination of Agreement: Santander Direct Debit Nightmare

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Hi there, I am new here and I'm wondering if anyone can give me advice on my best course of action.


I have or had a HP agreement with Santander. I paid monthly by direct debit, however, in August I received a letter stating my payment was in arrears. I phoned them to querie this. They told me that the direct debit was cancelled. As I had not cancelled it, I contacted my bank, to find that they had not cancelled it either. It was also showing as active on my online account. I called Santander back to inform them of this and asked them to continue to debit my account.

When I looked at my account the last payment to be debited by them was in May 2010.

Stupidly, I rarely looked at my full bank statements as I receive them online and had a tendency to only pay attention to the available balance section.

I have since then received a Default Notice in late August. I called them again as they had still not debited my account. I gave them a payment (not a full payment) and again instructed them to debit my account as the account was still active and that I would have to catch up with the backdated payments. I then received a Termination of Agreement Notice in September. I called them again and they told me I could no longer make any payments as the account was passed over to debt collections. They gave me another number to call. When I phoned the number it was a Car Repossession Company who would only accept full payment or my car.

I went to my bank and a member of staff phoned Santander and argued with them for about 20 minutes that the account had not been cancelled and that they had failed to debit my account. She also told them that if they had debited my account when they were supposed to that they would have received the payments. They just ended the conversation by giving her the telephone number for debt collections (the Car Repossession Company) and told her I should phone them to sort it out.

I should add that I would prefer to keep my car. I need it for my work.

I know this is rather long winded but any help would be really, truly appreciated.

(I have not paid a third of the finance yet and I have moved the car off the public road.)

Thanks. Maria

Edited by Maria_R
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Hello and welcome to cag :madgrin: This is entirely their error and they have no right to do what they have done, you are well within your rights to claim compensation for damage to your credit file! The most important thing to do immediately is, no matter what happens, DO NOT UNDER ANY CIRCUMSTANCES GIVE THEM THE KEYS TO THE CAR OR GIVE THEM YOUR PERMISSION TO REMOVE IT!!!


I would say that we need to know the nitty gritty of the situation before making any decisions on your next step.

Is it a regulated agreement??

How much have you paid?

Have you received anything in writing to say they are coming for the car?

Have you made any payments since the default was issued??

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Hi there, thanks for your reply.


I presume from my paper work that it must be a regulated agreement as it states 'Conditional Sale Agreement Regulated By The Consumer Credit Act 1974'.

The original amount of credit was £6674 and total payable was £8958. I have paid 15 months of payments totalling £2190.15 along with 2 late payment charges of £60.

I paid an additional £50 after I had received the Default Notice. I had also explained when I made the payment that I would have to catch up on the payments they had not collected from my bank account and that they should continue to debit my account for the monthly payments.

On the Termination of Agreement letter it states

'We are now entitled to take back the goods you hold under this agreement and therefore we now demand the return of the goods. Please contact us immediately to arrange for our collection of the goods.


I have not received anything further to this letter.

I hope this info helps but if you need to know anything else, please just ask.

Again many thanks.

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  • 3 weeks later...

I have the same problem... with Post Office Home Phone Payments...


apparently the move to Santander required that the sort code be changed.

Post Office's systems will not allow changes to be made to existing direct debits. AND now that there is an outstanding balance the system will not let them set up a new DD until the balance is cleared. AND they will not allow payment by bank transfer.



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Another question and update. Santander have now accepted a cheque with 3 months payments. Thought I would send in a cheque to see if they would accept payments from me and they have. Does this mean I still have an agreement with Santander or not?:???:

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