got defaulted/claim back fees + Car Repo Too - GE money - now got claim form - HELP

[naomi25]

have today received a letter from Santander saying that s78 of the Consumer Credit Act 1974 does not apply to my agreement and have also enclosed the £1 postal order i had sent them.

 

not sure what to do next, can someone please advise

 

thanks

[Always Struggling]

Yep, should have been a section 77 request lol

I would simply re-send the exact same request as a sect 77. Just say thankyou for being so observant and say the single digit has now been altered to a 7 to be fully applicable to your agreement.

 

AS

[IainHL]

Actually if it is a car hire purchase agreement wouldn't it be a section 79 request?

[Always Struggling]

Section 79.... we have a winner! lol

 

Thanks Iain for pointing it out, got hooked up on thinking simple loan.

 

AS

[naomi25]

have received some letters from Santander. I will scan them up for you all to see.

 

The first one which was dated 23/08/12 (but received a week later) is that they are investigating my complaint

 

Yesterday i then received the CCA request but also received a letter which is notice of impending action (again received a week after the date on the letters)

 

Once i have scanned these up can someone please advise me on what to do next thanks

[naomi25]

Sorry for the delay am having problems uploading so have asked AS to do this for me

[naomi25]

I sent Santander a letter of complaint and received a response by letter on the 6th September saying they were investigating my complaint.

 

However today I have received a letter from their solicitors saying that they have been instructed to go ahead and issue county court proceedings. (Will post the letter up for you to see).

 

Shall I contact their solicitor by letter explaining that the offer of £100 per month is still available to them and to say that it was actually their client that stopped the payments as I was paying £100 per month then they decided to terminate the agreement.

[Always Struggling]

This is the copy of the credit agreement in response to the CCA request. There is another page of additional terms but this one includes the 'default' charges section on the right hand side.

[ATTACH]38382[/ATTACH]

 

This is the letter acknowledging a complaint sent to them. The only complaint made was in reference to the charges which was made to them on 11th July, this letter is dated 23rd August but was received over a week after that date

[ATTACH]38383[/ATTACH]

 

Following this cam a letter of impending action:

[ATTACH]38386[/ATTACH]

 

Then the demand for returning the goods:

[ATTACH]38387[/ATTACH]

 

AS

[Always Struggling]

I would write to Santander pointing out that you had been paying £100 per month up until they decided to cease accepting payment without notice. The £100 per month is still available for payment and ask them to confirm if £100 pm is acceptable as this would be all you can afford. (Send an I&E also)

 

If accepted then I would make payments up to the balance outstanding but minus the late fee charges. Then at that point I would cease paying and let them chase you for the late fees amount.

 

If they were to pursue you to court now after an offer of £100 pm (if that's all you can afford) I don't think any court would look favourably on them at all.

 

Wait to see what others think

 

AS

[dadofholly]

That agreement should be 6 pages long - it states at the bottom of each page 1 of 6 - page 2 of 6 - have they sent all 6 pages?

 

Did they also send you a statement with agreement?

 

Have you offered £100 per month as mentioned by AS above?

Can you afford this?

if so what was their response?

[Always Struggling]

That agreement should be 6 pages long - it states at the bottom of each page 1 of 6 - page 2 of 6 - have they sent all 6 pages?

 

naomi25 did mention other pages of additional terms but didn't email them to me, should I get them so I can post them up as well?

 

 

I don't think naomi25 has sent the letter offering £100 yet as she wasn't sure what to do. Will get her to get it done as soon as possible.

 

Will get naomi25 to respond to the rest.

 

She has also emailed the latest letter from santanders solicitors 'chafes' stating they will be taking it to court for repossession.

Letter from Chafes Solicitors: [ATTACH]38422[/ATTACH]

 

Comments appreciated

 

AS

[naomi25]

yes they sent the full 6 pages wasnt sure if u wanted to see them other t&c and they also sent a statement of all payments and charges.

 

havent offered them the £100 per month as yet as not sure whether to send the letter

[BRIGADIER2JCS]

Send it to Santander head office and a copy to Chayers.

[Always Struggling]

Been on the phone to naomi25 after the post above. Her PC is on life support lol.

She has a virus which is preventing her doing anything on it now. It will be getting sorted asap.

 

I was just going over the situation with her and she is worried about losing the car. So I wondered if anyone knew the likelihood of them being able to get a court order to repossess the car?

 

Bullet points so far:

 

• Car loan for approx £10k. to pay £164 and pence per month (approx £1600 outstanding - inc late fees/charges).
  
• A few payments late or missed last year causing charges to be applied.
  
• Payments made earlier this year were being made at £165 per month (late fees taken from payment before payment applied to account) e.g. £165 paid - £50 late fees/charges £115 towards account.
  
• Santander agreed to £25 per week in early April (paid every Friday) This continued until they terminated on 29th May.
  
• Last payment of £25 and was accepted by Santander on June 6th (Statements confirm this)
  

 

• Then the letter saying they will be applying to court to repossess.
  

She is obviously worried as relies on the car for work/children etc.

 

Will be making sure that the letter is sent asap to head office and chayer as suggested BRIG.

 

Thanks

 

AS

[Always Struggling]

Here is a suggested letter to send Santander HO, and as BRIG says, send a copy to chayer with a covering letter.

 

I have left it reasonably informal, imo the main thing is for them to explain why payments are no longer any good.

 

Others might suggest adding or taking something out. So tweak all you want anyone

 

Dear Sir/Madam,

As you are aware I have been in financial difficulty and as a result you agreed to me paying £25 per week beginning in April 2012. Since this time I had been making these payments regularly only to find that you had been taking charges off (late payments etc) before crediting my account the difference.

 

My last payment to you being made on xx/06/12 then at the same time I received a notice of termination from yourselves dated xx/05/12. I still went to make my usual payment the following week only to be refused which I found confusing and frustrating as you had taken payment on xx/06/12 which was after the termination date anyway.

 

I have now received a letter from xxxxxx stating you will be seeking a court order for repossession of the vehicle.

 

As the loan for the car is approx xx% paid off I would hope you are open to helping me in these difficult financial times and are able to continue taking payment at £25 p.w.

 

I cannot offer the car back as without it now would cause further hardship for our family as it is relied upon for work and therefore to make payments to you, without it would cause unemployment. Which is why I find it rather confusing when I have been making the agreed weekly payments you should decide to terminate and take this course of action.

 

If you cannot agree with my payments of £25 per week please inform me of your reasons so I am able to understand why £25p.w. was acceptable and why it has now changed.

 

Yours ......

[naomi25]

sotry for the late reply, computer got a virus. I sent the letter offering £25 pw and they sent a reply that they are willing to accept this and the first payment has been paid

[Always Struggling]

I would have the view of paying the amount owed less the penalty charges.

 

Who is it you agreed this with?

 

I would write to them disputing the charges applied still. Send them a letter saying you expect the amount applied in charges to be deducted from the balance.

 

Include the list of charges and dates they applied them to your account.

 

Others on here will hopefully confirm this as a good way to go.

 

AS

[naomi25]

its been agreed with chafes solicitors.

 

ok will do thanks

[naomi25]

URGENT NEEDS ATTENTION

 

i have today received a letter stating Santander are taking me to court and a date has been sent.

 

I received a letter from their solicitors saying that they noted i wished to make a payment of £25 per week in order to clear the outstanding debt and asked when i could start making paymentd.

 

The first payment of £25 was made friday 12th October 2012.

 

However today the letter i have received states that they are making a claim for the delivery of the vehicle (bearing in mind i use the vehicle for work and without this would make me jobless) and damages persuant to the termination of a regulated sale agreement.

 

I have not received a defence for court which is what ipresumed happened before a court date got set. is it different this time because a they are wanting the vehicle back.

 

They have also sent a particulars of claim.

 

unfortunatley i can not scan up as my computer is not working.

 

can someone please help me on this as i am worried they take the car and leave me out of a job

 

thanks

[Always Struggling]

Type out the full POC if you can't scan atm.

 

If they have agreed to £25pw and have taken payment of £25pw then personally I don't think they should be allowed to pursue to court.

 

Santander was taking payment then ceased to accept followed by terminating, now chafes have agreed to £25pw and take payment then issue court proceedings?

 

Personally I don't think they should be able to go to court if they have again agreed to £25pw and taken your first payment. Others will be better to comment on this though.

 

Maybe this should be moved to the legal thread now?

[AndyOrch]

Hi AS Responding to your PM.

 

I see the thread has been moved by ST.

 

Regards

 

Andy

[Always Struggling]

Ty.

 

Don't know if you've read through the latest part of the thread Andy but am curious to know if they should even be going to court when they have agreed and begun accepting a payment.

 

They seem determined to just get to court regardless of payments agreed and made which I would think is not following guidelines set out to try and prevent this action occurring when people are in financial difficulty.

 

Any comments would be welcome for naomi25

 

Thx

 

AS

[AndyOrch]

Give me time and Ill have a whizz through the thread AS and post my thought later this evening.

 

Regards

 

Andy

[AndyOrch]

Duplicate

[Always Struggling]

Much appreciated Andy ty

 

AS