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Car finance with santander debt problem - need help please!


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Hi,

 

Well, i took my car finance out back in june 2008, ever since i had made regular payments and always on time until around june/july time this year.

 

I had a job back in april/may but then was put in a position to resign and had no other choice, i am currently in the process of taking my previous employer to an employment tribunal but have not yet got a date for court and await update still of this situation.

 

While all of this was going on i rang my finance company and explained the whole situation and told them i wont be able to make the whole payment each month but will try pay as much as possible, which in this case was only £10 a month.

 

While i had other creditors to pay for aswell i wrote out and income and expenditure list and sent a copy of it to all of my creditors including my car finance company.

 

As i was and still am only getting JSA - (job seekers Allowance) i had/have very limited money to sort all my debt out.

 

My finance company repeatedly rang me every week the first few months and i kept telling them and explaining them that i can only advise them and update them of the situation as much as i know.

It came to the point where i told them i was no longer wanting them to ring me as it was between 3-4 times a day if i didnt answer the phone, and wished to only communicate in writing as i was deeming their calls to be harrassment.

 

Each month i kept paying £10 apart from two months (as i had unforseen financial problem that came up) but since have been paying £1 a month.

 

The finance company has not accepted my offer of the £10 a month which is only until i get a job, i still have all the copies of the letters i have sent to the company but nevertheless the finance company has since passed my debt off to two different other credit companies, in the last 2 months or so ive had numerous of different letters of different companys about the debt, i have rang explained my whole situation to them, e.g. - tribunal and financial situation etc.. however i keep being told further action will be taken, however i am confused as ive been getting letters from a company called CodeRED, my finance company themselves and another company and now i have no idea who to communicate with.

 

I received a letter from CodeRED a few weeks ago they were going to pass the case back to the finance company, i was told they were going to come get the car if i didnt make immediate payment etc but i am aware they are not allowed to do this unless they had a court order.

 

Now, i am still awaiting to hear about the tribunal situation and it looks like i may have a job in the new year where once i get paid properly i will be paying the full amount of my finance that i am suppose to pay a month including whatever i can afford on top to pay off the arrears but i dont know which company to tell etc..

 

Also, i am having to move back to my dad's because of the financial situation i am in.

 

I would appreciate if someone could help me and give me advice in what to do next, it might also be helpful to know that my finance agreement is for 5 years, it started on the 17th of june 2008 and should end in june 2013.

 

I do not always have access to the internet everyday only every other day but i will check for replies whenever possible.

 

I'd be greatful if someone could help, if you have any questions in order to help me or give advice, i will try my best to answer them.

 

Thanks in advance :)

 

Becks

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I know that this isn't helpful at all, but seriously count yourself lucky that they havent just sent a collections agent straight away without warning which is exactly what they did to me last week and i'm not even in financial diffciulty! I have had to pay the entire finance off to get my vehicle back and I had no clue they would be repossessing as it was absolutely un-necessary.

 

Do you own more than a third of the car? If so they will have to get a court order before they can actually take the car, which with the christmas period approaching may be delayed somewhat.

 

You could also advise them that you will be employed in the new year and see if that helps, but they may well take on the heard it before approach.

 

In the mean time, I would make sure that you park your car off the road so it doesn't just disappear and if a collections agent turns up do not give them the keys because you won't see it again!!

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Hi Becks, I've gone through your post pointing out various thoughts in red. Will probably add a comment at the end as well.

 

Hi,

 

Well, i took my car finance out back in june 2008, ever since i had made regular payments and always on time until around june/july time this year. Good!

 

I had a job back in april/may but then was put in a position to resign and had no other choice, i am currently in the process of taking my previous employer to an employment tribunal but have not yet got a date for court and await update still of this situation.

 

While all of this was going on i rang my finance company and explained the whole situation and told them i wont be able to make the whole payment each month but will try pay as much as possible, which in this case was only £10 a month. Fine.

 

While i had other creditors to pay for aswell i wrote out and income and expenditure list and sent a copy of it to all of my creditors including my car finance company.

 

As i was and still am only getting JSA - (job seekers Allowance) i had/have very limited money to sort all my debt out. Are you paying all your priority debts? What other debts do you have and how much do they total?

 

My finance company repeatedly rang me every week the first few months and i kept telling them and explaining them that i can only advise them and update them of the situation as much as i know.

It came to the point where i told them i was no longer wanting them to ring me as it was between 3-4 times a day if i didnt answer the phone, and wished to only communicate in writing as i was deeming their calls to be harrassment. I agree.

 

Each month i kept paying £10 apart from two months (as i had unforseen financial problem that came up) but since have been paying £1 a month. How long have you been paying £1 per month?

 

The finance company has not accepted my offer of the £10 a month which is only until i get a job, i still have all the copies of the letters i have sent to the company (keep them safe!) but nevertheless the finance company has since passed my debt off to two different other credit companies, in the last 2 months or so ive had numerous of different letters of different companys about the debt, i have rang explained my whole situation to them,Mistake - NEVER talk to a DCa on the phone, always insist on everything to be done via letter. They may not like this, but it is your legal right. e.g. - tribunal and financial situation etc.. however i keep being told further action will be taken, however i am confused as ive been getting letters from a company called CodeRED, my finance company themselves and another company and now i have no idea who to communicate with. The only people who will kow this for sure are the original finance company. Have you had any assignment letters? -ie- letters telling you the account is being passed from x to y? You should have.

 

I received a letter from CodeRED a few weeks ago they were going to pass the case back to the finance company, i was told they were going to come get the car if i didnt make immediate payment etc but i am aware they are not allowed to do this unless they had a court order.

 

Now, i am still awaiting to hear about the tribunal situation and it looks like i may have a job in the new year where once i get paid properly i will be paying the full amount of my finance that i am suppose to pay a month including whatever i can afford on top to pay off the arrears but i dont know which company to tell etc..

 

Also, i am having to move back to my dad's because of the financial situation i am in.

 

I would appreciate if someone could help me and give me advice in what to do next, it might also be helpful to know that my finance agreement is for 5 years, it started on the 17th of june 2008 and should end in june 2013.

 

I do not always have access to the internet everyday only every other day but i will check for replies whenever possible.

 

 

 

I'd be greatful if someone could help, if you have any questions in order to help me or give advice, i will try my best to answer them.

 

Thanks in advance :)

 

Becks

 

 

 

What a horrible time for you! I hope the red scribble was some help. You need to find out who actually is collecting the debt now. I would ask the finance company - you may need to do an SAR to get this information.

 

However, if you have a definite job offer for January, it may well be worth writing to the finance company and telling them this and ask them if you continue token payments until that time whether they would come to an agreement for the rest of the debt to start when you get your first pay. This may be extending the agreement and effectively re-financing with them, or it may be increasing payments (don't agree anything you cannot afford and sustain) over the remaining threeish years.

 

Hope this helps,

 

Tingy

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MichelleColl -

Hi,

To be honest i have no idea whether i own more than a third of the car, i have paid 18 payments on time and in full, the normal monthly amount is £201.04 so im assuming its round about just over £3.500 or something i have paid im not sure. i havent paid in full or on time the last 6 months and i have yet got another 2 1/2 years to go! I know i could do a VT however with the new job im hopefully starting in the new year i need the car as part of my job.

I will have a look tonight at the paperwork at home how much finance exactly ive took out etc.

I am aware i did take out PPI, which i used to pay for but was cancelled at the end of last month due not making full payments, i did ring them back in may/ beginning of june and explained the situation regards the resignation of my previous job however they said its not covered as i wasnt in work 6 months continously and because i resigned (even though i had no choice, hence why im taking them to employment tribunal) its seen as me voluntarily leaving the job etc, so they couldnt help!

Well unfortunately my car is parked right outside my house on the road, so i'm assuming even if someone did came to just take it they could, however i wouldnt open the door on them nor hand anything over!

To be honest i have no idea what i would do in that situation.

 

 

Tingy -

 

Hi,

Yes i do have other debts and i do pay my priority debts first, my friends mother helped me do an income and expenditure form as she had been in the same position a few years ago and she has been helping me with this as much as she can but she is now just as stuck as i am.

As i live by myself and only get about £205 a JSA its very hard trying to manage the debt i have and its not that i dont wanna pay its just that im unable to pay more than what i want / i can afford.

In regards to the paying £1 a month, i believe its only been the last 2 months and i will be paying another £1 either today or tomorrow depending on when i can get to post office to send them a letter with a £1 postal stamp or whatever it's called.

I have all the letters i have sent to the companys saved online as i sent myself a copy of each letter i have sent, i now am aware that it is a MISTAKE to speak to the people over the phone but i panicked and didnt have a clue etc.

I did sent CodeRED a letter requesting a CCA but they never got back to me and in the meantime it was passed onto Credit Style Limited who is now apparently dealing with it according to letters i have received yesterday and the day before.

The letter Yesterday stated the following

" The above account has been passed to us to ascertain the whereabouts of the above vehicle which is registered at this address.

This vehicle is the property of Santander Consumer Finance UK and may currently be being driven fraudulently.

If you have information regarding the above i would be grateful if you contact me on the telephone number below. immediately."

Now there is no way i am ringing them, i have wrote a letter to them requesting the CCA and again will also put a postal stamp in it for payment.

I am not quite sure if the finance company did sent me a letter in regards to whether they have passed on my account to a different company, however i will check this ASAP when i get home later on and i will try get on this website via my mobile as i do not have internet access at home.

 

FightToTheEnd -

 

It's a Hire Purchase Agreement, i have checked this ages ago but completely forgot to include it in this post. My Apologies :-)

 

 

 

Thanks to everyone trying to help me so far, i really appreciate it!

 

Becks

Edited by Becka2010
Didnt include all replies.
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It's hard to believe this is the same company that dealt with Michelle - she went to hell and back last week!

 

Given that their conduct with you has been reasonable, and given the fact you want to keep the car, it may well be worth getting in touch with the OC via letter explaining your situation, stating it was never your intention to renege on the agreement and that you would like the opportunity to renegotiate payments from January as your circumstances have now improved again.

 

The worst that can happen is they say no in which case we need to look at other routes.

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It's hard to believe this is the same company that dealt with Michelle - she went to hell and back last week!

 

Given that their conduct with you has been reasonable, and given the fact you want to keep the car, it may well be worth getting in touch with the OC via letter explaining your situation, stating it was never your intention to renege on the agreement and that you would like the opportunity to renegotiate payments from January as your circumstances have now improved again.

 

The worst that can happen is they say no in which case we need to look at other routes.

 

This might be me being stupid but what do you mean by OC?!

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  • 4 weeks later...

I have been in the same situation with Santander. I offered a monthly amount which got declined, my wife and I are both on JSA after being made redundant. For some unknown reason Santander have now sold on my HP agreement to Close Credit Management. I have paid over a third so they do need a court order, but can anyone tell me why Santander have basically sold a debt (which is secured on the vehicle) rather than taking me to court? Was Santander worried I might win in court?

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