@santanderbankgb Santander Consumer Finance Issued Termination After Defective Default Notice - car finance

[BelstarBomb]

Thanks Andy.

 

I'll let them continue adding interest to the unfair interest that they have already added on the unfair fees then shall I ;o)

 

Have a great weekend!

 

Bel

[AndyOrch]

Thanks Andy.

 

I'll let them continue adding interest to the unfair interest that they have already added on the unfair fees then shall I ;o)

 

Have a great weekend!

 

Bel

 

You also Belstar

[BelstarBomb]

Got another letter from FOS saying that they are still waiting for paperwork from Santander so I believe that's about 4 or 5 weeks over the 12 that they had originally stated.

 

Is that the norm?

 

Bel

[citizenB]

If this is now with the FOS, it can take a lot longer !..

[BelstarBomb]

Hi CB,

 

I kind of got the impression that they were waiting on Santander.

 

Do they not give them a time limit with which to respond in?

 

Bel

[BelstarBomb]

Hi,

 

Have finally heard back from the FOS who say that they cannot recommend our complaint against SCF be upheld.

 

What he does say however is that the points that we had raised were legal points and that the FOS does not have the remit to judge on this, they can only assess and consider if SCF have acted fairly and reasonably.

 

He also stated that the legal points that we raised may well stand up in a court of law.

 

What are you thoughts?

 

Bel

[BelstarBomb]

Interestingly, please see sections taken from the letter

 

Incorrect Default Notice

 

'..I acknowledge that amounts stated in some of the default notices issued by SCF may not have provided you with fully accurate figures for arrears owed (given the duplicate charging mistakes made). The material fact remains however, that arrears were still owed. As the terms of your finance had been breached by contractual payments not being met on occasions where default notices had been issues, it follows that SCF was therefore still justified in is having issues these notices. In other words, I do not believe that the incorrect figure stated on default notices issued to you would have had any material bearing on SCF's legitimate entitlement to issue these in the first instance'

 

Reinstatement Of Terminated Agreement

 

'...given that the courts represent a higher authority than this service, I am unable to specifically comment upon the factors that a court might consider. I would instead recommend that you may wish to seek independent legal advice in this regards or consult your nearest CAB. On the issue raised about your being reinstated onto your finance agreement following a termination notice being issued, I believe that SCF is entitled to reinstate the agreement should it reasonably choose to do so. I consider that this service would view such an action as even being positive and sympathetic to your circumstances, as doing so would allow you to both retain possession of the supplied vehicle and continue with the agreement as had originally agreed. Ultimately, given that the finance contracts had been breached due to non-payments, I believe that whether or not SCF chooses to reinstate your agreement is a commercial decision that it is entitled to make.'

 

Bel

[citizenB]

It is quite interesting that they say this because they are often attempting to get round judgments that have been made.. however, they are correct. They do not have the remit to adjudicate on either of these points.

 

The first - you might obtain a decision if you were to complain to the Information Commissioner if your Credit file was affected by an incorrect default.

 

I am not quite sure about the 2nd issue. If they terminated the agreement - they cannot unilaterally reinstate it without your permission! I will have to read back over your thread to see exactly what this bit is about.

[citizenB]

I think that Santander have managed to really muddle up what was a straight forward complaint.

 

They issued an incorrect default notice then terminated. They have refused to acknowledge or respond satisfactorily to Complaints and the Financial Ombudsman hasnt helped much either.

 

You can if you wish ask for this decision to be reviewed by the Ombudsman.. it will take a bit longer though.

 

Wait while andyorch has a review of the situation and see how this can be presented.

 

I think the FOS has totally ignored the fact that you have been treated unfairly by Santander.

[BelstarBomb]

Thanks CB

 

I'll wait to hear from you or AndyOrch

 

Bel

[dx100uk]

did you even do that spreadsheet?

 

for EVERY PENALTY FEE

 

then just take off what they refunded from the total?

 

it would be interersting to recontruct the account too

 

and see how it compares to their statements.

 

looking even more like time for court to me.

 

dx

[BelstarBomb]

I suppose I should also wait to see what SCF have to say but would be good to let the FOS know of my displeasure!

[AndyOrch]

I will take a look at this tomorrow now Belstar......too many defences to draft tonight.

 

Regards

 

Andy

[BelstarBomb]

Thanks Andy,

 

No peace for the wicked eh??

[AndyOrch]

Hi BSB

 

Responding to your PM,s

 

Ok what exactly is the status with this debt at the moment.? Are you making payments have they or you threatened litigation?

 

Regards

 

Andy

[BelstarBomb]

Thank you Andy,

 

SCF had threatened legal action prior to our complaint to the FOS but we had not received any official court papers.

 

The FOS responded by saying that they cannot uphold our complaint as they believe that SCF had acted fairly and also becasue the arguaments that we had used were outside their legal remit.

 

Those arguements were as follwos:

 

1. That the default notices were defective as they included incorrect amounts and unfair interest
   
2. That they did not get get our written consent or agreement to reinstate the agreement after it was terminated
   

 

The FOS has agreed in writing that the amount son the default notices weren't accurate but that SCF still had the right to serve them.

 

The FOS stated that SCF had the right to reinstate the agreement if it suited them commercially.

 

The FOS also stated that my legal arguments may well stand up in a court of law, but these were outside their remit.

 

They have stated that we are within our rights to disagree with their findings giving our reasons why and that we have until today to do that.

 

I am confused because on the one hand they have turned down the arguments that we have based our complaint on, but on the other hand, they agree that they may well stand up in court.

 

We just want to make sure that whatever we come back to the FOS with, it cannot be used against us by SCF should this go to court.

 

We also wanted to see if there were examples of previous complaints to the FOS that were similar to mine but were upheld.

 

We haven't made any further payments as we had paid up-to-date and only had the balloon payment to make. The balloon payment fell due after they had terminated on the two defective DN notices.

 

Hope this helps?

 

Bel

[citizenB]

You dont have to accept the FOS deadline. Send an email to them with all the FOS references saying that you do disagree with their decision - however you need more time to respond to their letter.

 

Give yourself another 4 weeks by which you can respond. Ask for their acknowledgment.

[BelstarBomb]

OK CB, thanks for that - I'll send that now.

 

Bel

[AndyOrch]

I personally wouldn't worry about it until (If ) they try to collect/enforce.How much is outstanding and much do you dispute?

[BelstarBomb]

Hi Andy,

 

There's approximately £4000. We are disputing the lot due to the reasons mentioned above. All arrears have been paid.

[AndyOrch]

So £4000 of penalties/Interest ?

[BelstarBomb]

No I wish, £4000 is the balloon payment that was due at the end of the contract. However that amount does include interest on fees that were duplicated

[AndyOrch]

Ok of the 4K what is interest and how much do you still have outstanding to pay?

[BelstarBomb]

Andy, I haven't a clue.

 

We got a statement of account but that was almost 8 or 9 months ago when we were in arrears and the duplicate fees and thus interest was showing.

 

Is it worth asking for a breakdown of what exactly the balloon payment includes?

 

Bel

[AndyOrch]

You should do a DSAR this will show the fixed monthly payments.(X)..total of loan (X) Interest (X) Fees (Late payment/DN etc) (X)

 

Work out your balance to the last penny you can then work out your future payment plan.I assume you wish to continue to pay monthly?

 

You should be receiving a monthly statement also.