Help! Car repossessed, only 1 month behind, not received Termination letter..

[GSMGuy]

Oh, just waiting to see if they actually try and claim some money under the ddm on monday,as their letter of 31st Jan ....

 

Mike

[GSMGuy]

Ok,

 

Am about to put together my letter of complaint, so it can go recorded first thing in the morning - I also intend to fax it to their collections dept.

 

I think I should be doing the following:

 

 

1. Request that no sale of the the vehixcle takes place until this complaint has been dealt with in full.
   
2. Point out that no DN was ever received.
   
3. Point out that they collected a payment on 14th Jan, therefore account was not in 2 months arrears on the date they said they sent out the DN (07th Jan) And that surely the taking of such payment would have indeed rectified said unreceived DN?
   
4. Point out that we received 2 letters dated 31st Jan, confirming that ALL outstanding monies would be collected on 14th Feb via the (live) DDMandate.
   
5. Point out that no Termination notice has been received.
   
6. Point out that repo agent coerced me into handing over the keys, after threatening to get a truck and have the vehicle opened and towed in front of my neighbours, incurring a further £400 charge.
   
7. Point out that their removal of my vehicle from my PRIVATE driveway without a Court Order is, in fact an illegal act.
   
8. Point out that I was not given the chance to remove over £1400 worth of accessories that I have fitted to the car since purchase, and that these remain my property, nor do they have my permission to interfere with, remove or dispose of these items.
   
9. Demand immediate return of my vehicle and it's fitted accessories OR repayment of all sums paid to date since May 2010 (circa £4800) failing which I will issue proceedings in the County Court without further notice, for the above sum, plus costs and compensation.
   

How does that sound?

 

Mike

[Surfer01]

Sounds good to me but wait until you have some other opinions.

[GSMGuy]

Cheers. I think I'll also send a fax to the recovery company demanding access to remove my property..

 

Mike

[GSMGuy]

Ok, just drafted this to fax over to the collection agents:

 

 

Further to my two telephone calls to you on Fri 11th, during which I was passed through to Brian Rxxxxxx, I am still awaiting contact to arrange for me to attend and remove the following items of my personal property from the above vehicle:

 

 

1. Sunell MDR-4104 multi channel video recording system and associated mounts.

2. Three internal CCTV cameras and associated mounts.

3. 4.3” widescreen TFT monitor and associated cables.

4. Snooper Laser Star twin head system and associated mounts and cables.

5. Prescription driving glasses.

6. Blue “disabled” badge in name of Mr GSMGuy snr and time card.

7. Mini compressor.

8. Taxi radio wiring harness.

 

Please note that you do not have my permission to tamper with, remove or otherwise dispose of my property, and that said property does not form part of the standard specification of the vehicle, having been supplied and fitted by myself.

 

I await your call to arrange a convenient time for myself or my agent to attend. I may be contacted directly on 0xxxxxxx

 

Lets see if I get a call back..

 

Now to draft the letter to Santander..

 

Mike

[Surfer01]

Perhaps you should have added that all equipment will be tested first prior to removal to ensure that it is still in good working condition and if anything is found to be faulty, they wil be held responsible. Prior to getting into the vehicle to remove anything, have a good walk around ansd take photos if necessary. the same applie son entering vehicle, check back and the front and take photos of equipement if necesary. The onus will be on them to prove equipment was not faujlty prior to removal of vehicle. Hopefully in the meantime you are registered for JSA and benefits as you have been deprived of your livelihood through no fault of your own.

[GSMGuy]

Will check operation - When I eventually get a call back, just been onto Santander, their collections dept are refusing to speak to me now, saying the recovery agent are handling the account - Theu could not comprehend that, as the agreement is with them, then that is who I wish to speak to...

 

Got a fax No for them though, and the postal address - Just about to draft up letter - Can anyone tell me the exact reference/section of the CCA that I need to quote re the illegal posession, and the fact that we did not receive a DN or terminsation notice AND that they took a payment AFTER the date they say they sent out a DN...

 

Not going to claim jobseekers, have rented a car @ £170 per week, BUT it means that we cannot go anywhere as a family, as we need a seven seater, which ours was...

Mike

[Surfer01]

As you are disputing the claim, the DCA` or recovery people should be handing it back to Santander as per OFT guidelines. Perhaps a quick call to TS will verify if thsi is what should be happening.

[GSMGuy]

Will ring TS now - Just as an aside, been checking the payment dates etc, they are as follows:

 

 

• 01/11/10 Normal payment £368.33 made by DD - Account fully up to date, no previous payments late or missed.
  
• 01/12/10 1st payment missed.
  
• 17/12/10 Letter received, dated 14/12/10 advising of missed payment and late payment charge totalling £393.33 (not a DN).
  
• 24/12/10 Letter received, dated 21/12/10 reminding of overdue payment of £393.33 (not a DN) enclosing a new DDM, although still live on account.
  
• 03/01/11 Letter received, dated 31st Dec advising of late fee, and saying "Any amount that remains outstanding on or after 14th Jan will be collected via DD" - So we made sure there would be 2 payments plus fees available, as we knew thats what we owed.
  
• 10/01/11 Letter received, dated 07/01/11 saying they had not collected Jan 1st payment, making total £786.66 (2 x payments + 2 x late charges of £25) and enclosing yet another DDM, filled in and returned (2 DDM's now live on account).
  
• 11/01/11 Single monthly payment of £368.33 taken via one of the DD mandates funds were funds available for 2 payments plus the fees, so don't understand why they only took £368.33, when their letter dated 31st Jan said they would collect full amount.
  
• 18/01/11 Letter received dated 15th Jan advising arrears were £443.33, ie one payment plus 2 x £25 late fees.
  
• 24/01/11 Letter received, dated 21st Jan, exactly same as letter received 18th Jan, BUT now advising arrears of only £368.33 ie one month only also included, was yet another DDM saying please enclose a cheque for the o/s payment of £368.33 when you send back the DDM - Checked with bank, and they had TWO live DDM's for Santander, one of which had been used for the payment taken on 11/01/11! Did not send back the third DDM.
  
• 03/02/11 Letter received, dated 31st Jan again advising of late fees and again stating "Any amount that remains outstanding on or after 14th feb will be collected via DD" So once again, we made sure there were sufficient funds available.
  
• 10/02/11 Repo man turned up and took car from driveway.
  

That's the story to date, with all the letters etc thrown in, just so that someone can clarify, if possible that they are definately in the wrong?

 

Mike

[Surfer01]

It reads as if you are totally in the right. Perhaps your letter to Santander should be a "Letter before Action" listing the above and also claiming back the illegal £25 charges in addition to the claim for compensation, however if you go down thsi route be prepared to follow it through to the small claims court. You will need to demonstrate proof of all of th above and also the losses and inconvenienc that was casued to you by Santander.

[GSMGuy]

Cheers Surfer01 - Just waiting on a call back from TS - Have spoken to "Which Legal Services" and they advise writing to them, saying they have breached the contract due to their maladministration and trespass, and as such demand the car back within 7 days, after which I will issue in the small claims court, BUT what am I issueing for?? total amount paid to date under agreement is £4854.98, so am I after that much plus compensation, or suing for the return of the car?

 

Mike

[Surfer01]

You should be issuing for return of car etc, as soon as possible, however on return of car you should still be suing for out fo pocket expenses and also compensation. I am surprised that this was not mentioned to you by Which legal line.

[GSMGuy]

So,

 

Letter before action, demanding return of car within seven days, or I will commence proceedings in the county court for return of vehicle, plus costs and compensation? Should I mention my equipment & belongings still being with the car, and their value, and also that I hold them liable for the safekeeping of those items?

 

Mike

[GSMGuy]

Ok,

 

Drafted this so far - As the agreement is actually in my Wife's name, I have included an "authority to act" paragraph..

 

 

Santander Consumer South

3 Princess Way

Redhill

SURREY

RH1 1SR

By Recorded Delivery & Fax to 0871 5225958

Letter before Action - Re: Agreement No: 100-1001-xxxxx-xx

 

This letter before action is being issued because:

 

• You have breached the above agreement due to your maladministration.
  
• You have illegally repossessed the goods from private property, with neither a Court Order, nor my informed consent.
  
• You have failed to comply with the terms and conditions of the agreement, specifically those relating to missed payments, default notices and the actions you will take.
  

·

As such, I demand the return of the goods to myself within SEVEN days of the date of this letter. Failure to return the goods will result in me commencing legal proceedings without further notice. Such proceedings will include, but not be limited to;

 

• Requesting an order to return the goods forthwith.
  
• Repayment of all monies paid by myself under the agreement.
  
• Reimbursement for personal possessions and equipment still with the vehicle, and therefore taken illegally which constitutes theft, and has been recorded under Crime Reference No: xxxxxxxxxxx with Merseyside Police, list of items enclosed.
  
• Costs of hiring alternative transport.
  
• Compensation for inconvenience and other costs incurred.
  

As the agreement is now in dispute, then in accordance with OFT guidelines, you should instruct the recovery agent not to dispose of the vehicle, pending possible Court Proceedings.

 

I hereby authorise you to deal with my partner, Mr GSMGuy, in relation to this matter, and furthermore, you may disclose to him, any personal information relating to this account, or myself without further authority from me. Mr GSMGuy also has my full authority to act on my behalf in this matter.

I trust that Court Action will not be necessary, and look forward to the prompt return of both the goods, and my personal possessions and belongings.

Comments?

 

 

Mike

 

PS - Just had a call back from the recovery agent - Apparently the car has now been deposited at the Auction, COMPLETE with all of my equpment and posessions!!!!!

Edited February 14, 2011 by GSMGuy

[Surfer01]

Include that no default notice was issued in accordance with regualtions. Consider wording "as such, I demand the return of the goods (plus suitable compensation yet to be determined) to myself within SEVEN days of the date of this letter." This will then still allow you to pursue for damages and compensation. Obviously amend the above as you wish as I am no expert legal jungle etc. Don't let them give back your vehciel adn walk away. Nail the b.......ds for the inconvenience as the law is on your side.

Most other caggers will come Online tonight and will be able to advise better and be able to quote regulations as I am struggling at bit at the moment and can only offer general advice except send everything by recorded mail for a signature so that it can be tracked. Even better if you can addressed it to someone personally rather than a department.

[GSMGuy]

Just about to fax and post letter - BUT as car is now at auction - With my possessions... I wonder what will happen when they get the fax/letter.

 

I am tempted to put into the letter that the recovery agent told me that it was at auction, and suggesting that they do something about it - NOW!

 

Mike

[GSMGuy]

Ok, just spoken to "ebt Recovery Dept" she was very dismissive at first, until I pointed out, that after they "supposedly" sent out a DN (never received) on 07/01/11 - They went on to collect money via DD, AND write to us informing us of future payments and collection dates... She then said "This doesn't make sense to me, will pass you to Mgr" Mgr came on phone and said he would speak to collection agent re car - Came back and told me that they would "see if there is anyone capable of removing the equipment at the auction house" To which I replied - No chance, I want to remove it myself, I fitted it!

 

I then informed Mgr to expect faxed and recorded delivery LBA, and he agreed to notate the account - Fax just gone, so off to the post office....

 

Mike

[GSMGuy]

Cheeky b@r steward of a repo man has just been back to house whilst I am at work, to return my sunglasses from the car. Mrs Gsm refused to sign his receipt... That was the first time he had ever seen her, as she was out when they took the car. So I can't wait until they try and say they had her permission to take it, as the agreement is in her sole name..

 

Mike

Edited February 14, 2011 by GSMGuy

[GSMGuy]

Mrs gsm has just had a missed call on her mobile, saying "please call santander on 0844 xxxxxx to arrange collection of your property and belongings from the vehicle before 5 pm today..."

 

Firstly, how are we supposed to get to manchester with 5 children, as they are on half term holidays, to do so, and surely less than 2 hours notice is totally unacceptable, as I am out at work at the moment..

 

I am minded to fax or write, accepting their offer, and asking them to contact me me arrange a time for them to bring our car back here, so that I can remove the equipment in the same way I fitted it, ie my private garage..

 

I am unwilling and unable to travel to retrieve my property, and anyway, why should I, when they have taken it illegally?

 

Also, plod have just been on, they reckon that it's not theft as "the original appropriation was not illegal ( my @rse!) And therefore santander believe they have a right to the property to offset against the debt" I explained that they had taken it from private property without a court order, which IS illegal, their response was.. Civil matter... Bloody waste of space..

Edited February 16, 2011 by GSMGuy

[GSMGuy]

Well, well, well...

 

Two letters from Santander received today;

 

 

• Letter dated 16th Feb, acknowledging our complaint and enclosing complaints procedure etc, inside a franked envelope with Santander logo on it - I have no idea HOW they have managed to mis-spell our surname, it must be on every screen of their system in relation to the agreement..
  
• Another letter dated 2nd Feb - Which in fact IS a termination notice - Again posted in a Santander envelope WITHOUT any postage! It HAS been through the postal system though, as it bears the barcode imprint that the rest of todays mail has.. I suspect Santander are trying to cover their backs by issuing a Termination Notice AFTER they have reposessed the car.
  

 

Does this sound strange to anyone else? I am going to get a Solicitors' advice - Friend of family, and gets a lot of work from me so will be FOC - Hopefully..

 

Mike

Edited February 17, 2011 by GSMGuy

[GSMGuy]

Ok,

Solicitor instructed, he's doing it foc, which is a relief. He had read through the agreement, and also all the correspondence received to date. He feels they have definitely breached the agreement, and as such is writing to them tonight.. Will post contents of letter once I get my faxed copy..

 

Mike

[sequenci]

Best of luck

[GSMGuy]

Ok, just spoken to Solicitor, letters have gone out to both Santander and the repo agent yesterday, along with copies to me..

 

However, received today from DVLA, is a letter telling me they have had an application from a new keeper... I have phoned them and told them the car was taken without permission, and also given them the crime reference number. So it looks like Santander have gone ahead and sold our car along with our posessions and belongings too!

 

Mike

[mattyprice4004]

Watching with interest, please keep us all updated.

 

This is absolutely criminal!

[GSMGuy]

Ok, Sol wrote to both of them (Santander and recovery Co) First thing they wanted, was a signed authority to act - Which was already included.. Now they say they need to speak with Mrs GSM on the phone - I have told her to refer them to the Solicitors, if it's anything other than a call to arrange rerurn of the car and contents. We are now £510 out of pocket with vehicle rental alone, and this will increase by £170 come Friday...

 

Mike