?ccm? Close Managment - court paper received over car finance - help

[Mr Worried]

Hi ALL

 

I have recieved this letter from Santander,I will type it out as it is in letter as scanner is not working..

 

Dear xxxxxx

NOTIFICATION OF TERMINATION

 

Finance Bal.......

Outstanding Bal......

Date of termination........

 

Despite our previous letters, including a default notice, you have not paid the arrears. ( approx £500.00 ) so therefore we have today terminated your agreement, the unpaid balance above is now due.

 

The agreement provides that we may take back the goods, the subject matter of this agreement, from you after termination, However, as you have paid more than one third of the total monies payable, we are not entitled to take the goods back,without your consent, unless we first obtain a court order allowing us to do so.

 

We now require immediate return of the goods. To avoid legal action being taken to recover them, please contact us on the number for us to arrange collection of the goods.

 

IF THE GOODS ARE NOT RETURNED IMMEDIATELY, WE WILL TAKE LEGAL ACTIONTO RECOVER THEM. YOU MAY BE LIABLE FOR THE COSTS OF THIS LEGAL ACTION.

 

After the goods have been recovered and dispossed of them, we will also require payment of all remaining monies due pursuant to the terms of this agreement. You will be liable for costs etc.

 

P T O.

 

Please be aware that as a result of this termination, any credit protection insurance you have taken out will be terminated with immediate effect.

 

Yours Sincerely

 

Denise Armitage.

 

 

So then guy's what is my next step, oh I have never cca'd them, but I dont want to rock the boat anymore, if they are coming to remove the family car?

 

Mr W

[BRIGADIER2JCS]

Is this a car loan,or a loan made for specified purpose?

[BRIGADIER2JCS]

Sorry missed the car loan bit.

With arrears of£500 is the balance total still high?

[Mr Worried]

Hi Brig

 

Bal 2k arrears £480.

 

Cheers

Mr W

[BRIGADIER2JCS]

Little chance of negotiation at this stage, I have heard of case where the creditor has allowed the debtor to sell the car

on their behalf as a private sale brings in more.

Unfortunately though at this stage of the proceedings it's hard to see a way out.

 

 

Perhaps one of the experts on the site team can advise you.

[Bazooka Boo]

How much have you paid toward this car?

[Mr Worried]

Hi Brig

 

Ouch that hurt, but thanks for your input, I shall await an ' expert ' comment.

 

Thanks

 

Mr W

[Mr Worried]

Hi Boo

 

I will have to look that up or maybe even call them to confirm, I know that we have paid 3 quaters of the balance.

 

Will they come to clamp the car? at this stage, my OH know nothing of this at the mo.as I look after all our affairs

 

Mr W

Edited October 8, 2010 by Mr Worried
Cap locked

[Bazooka Boo]

IMO if you have paid more than 3/4 of the balance then they cannot claim the car.

Although you will need to read the small print on the agreement in relation to that to be certain. Have you a garage where you could park it?

 

Actually scratch that, it states they cannot reclaim the car without a court order so no need to worry on that front.

[BRIGADIER2JCS]

Have you tried to negotiate away out of loosing the car?

Or have any chance of paying the £480?

[Mr Worried]

Hi Brig n Boo

 

Thanks for your input, so they cant take the car without taking me to court! should I write them a letter looking to negotiate or to see if they can help, even if they never helped before.

 

Mr W

[Bazooka Boo]

Have you got a copy of the agreement? If so have a read of the small print and it will state in there how much you will have had to pay for them NOT to be able to reclaim the car, if you have paid 3/4 of the HP then they can't.

 

One other thing, is this a LOAN or HP, has it always been with santander or was this originally with GE who were bought out by Santander?

[Mr Worried]

Hi Boo

 

I am sure the original was with GE, then Santander purchased?

 

I have to nip out for a few hrs so I will catch up later.

 

Thanks so much

 

Mr W

[Bazooka Boo]

No worries I'll have a mooch around and see what I can find...

[Mr Worried]

Hi All

 

I recieve a letter from CODE RED Collection Services, re Santander acct,

 

48HR NOTICE...Please contact our offices etc. to resolve this matter will result in court proceedings... they have put £165.00 charges on top of the arrears ( £ 450.00 approx )

 

What should my response be?

 

Mr W

[BRIGADIER2JCS]

Have you had any notification that this has been passed to Code Red, if not send them the bemused letter and do not have any debt owing to Code Red,you could try a CCA request to them £1.00 PO don't sign and send RD. The have 12+2 working days to reply.

[Mr Worried]

Hi I recieved no notification by Santander that they were going to pass on, My OH wants to pay them £120. tommorow, so that puts the spanner in the works?

 

Should I cca, Santander or Code Red? or try to negotiate to pay of arrears along with the normal monthly payment.

 

Mr W

[Bazooka Boo]

Have a look at the bottom of the paper, you will see that 'RED' is a trading style of Santander, the charges can ONLY be added to your account IF it is what was initially agreed on the signed agreement, any random spurious charges they add for 'passing it onto an external debt collection agency' (although we know they haven't) will be unenforceable.

 

By all means pay them the £120, but be warned, they won't stop there, and if you pay by card they will use those details to take as much money as they can, ie you give them your card details telling them to take £120, they agree, when really they enter payment of £450 or more.

 

Take the fight to them, send them a CCA request.

[Mr Worried]

Hi

 

Thanks for that, okay cca tommorow, should I send a letter re recent Red code letter and their charges?

 

Mr W

[Bazooka Boo]

No ignore them for the minute, there the same company anyhow. just get that CCA off in the post, recorded delivery, and enclose a £1 postal order, they have 12 'working' days from when they receive it to furnish you with the agreement, or their excuses.

[Mr Worried]

Hi BB

 

Okay, so lets just say that they dont supply an enforceable cca,I understand the scenario 12 days etc and dispute letter? but then what about the 2k thats left to pay? can they take the vehicle?

 

Mr W

[BRIGADIER2JCS]

If your agreement has a listing of actions they take is as is usual the can't take the care if you have paid 75% without a court order.

Bazooka may have more on this.

[Bazooka Boo]

Okay, so lets just say that they dont supply an enforceable cca,I understand the scenario 12 days etc and dispute letter? but then what about the 2k thats left to pay? can they take the vehicle?

 

OK Can't find where I damn well read it BUT, santander who took over from GE state that they CANNOT take a vehicle unless they have courts permission, and as you have paid more than 3/4 of the total balance, this would be ridiculous.

However you MUST check you original GE agreement for the loan on this as it may state something different, what Santander CANNOT do is to automatically apply their T&C's to your 'original' agreement with GE.

[Mr Worried]

Hi BB

 

I shall check agreement today.

 

Mr W

[Mr Worried]

Hi All

 

Blumen Heck, just got another letter today from them,

 

EXTERNAL COLLECTION ACTION NOTICE

 

Pay arrears and charge of £165.00 within 5 days or we will instruct external collections.

 

WTF

 

Mr W