Santander Consumer Finance Repossesion

[chrisd75]

HI,

 

First time poster so apologies if I'm not doing this correctly etc. I have read through a few similar posts regarding Santander Consumer Finance and was hoping I could get some advice on my situation.

 

HP Agreement commenced - Nov 2011

4 yr term

Located in Scotland

 

As above

 

my wife and I purchased a car using SCF in November 2011 paying by direct debit,

the original direct debit was set up against another account we hold

(long story but we though it was a good idea as thats is where my travel expenses from work go)

 

we had finaly closed this bank account to ensure we were only operating one account.

 

As part of this the DD to Santander was cancelled and we thought it would be simple to set-up a new one for our current account (incidentally with Santander)

 

when my wife phone after work in November their contact centre was closed and she was directed to an automated payment line

 

she made the payment that way with the intention to phone back within the next month to set-up the DD.

 

with Christmas and various other things going on, we forgot

we have not received any correspondence in the meantime.

 

Last week a Repossesion company turned up to say they had been instructed by Santander to collect the vehicle as it was two months in arrears,

I refused stating that I had not had any correspondence from Santander and would like to speak them first.

 

I didn't realise my rights but I asked them whether they could take the car as it was on our drive and our other car was in-front of it,

the gent conceeded that he could not but said he would wait until I had phoned Santander,

I said no he could go away and wait to here from Santander.

I must admit I was surprised that he accepted this and left.

 

I then phoned Santander and explained that it was our fault

but I could pay any arrears immediatley and reset the DD,

 

the lady was less than helpful and said the agreement had been terminated

and all she could accept was full payment,

 

I asked to speak to someone else and she said that I wouldn't get any different opinion

and beside no supervisor was available I ended the call asking for a call back from the supervisor, not happened!

 

In the meantime I lodged a complaint with the financial ombudsman,

I know Santander have eight weeks but I'm hoping a letter from them and I have a ref now might help.

 

That same day I sent two e-mails to their complaints department stating what I have done so far

and asking why they don't seem to want my money, no responce

 

I then spoke to my brother who works for HBOS and he advised that they will argue that although I do not have the letter

they have issued from their system.

 

He told me to pay them by any means as that makes their case difficult,

 

i sent a chaps payment (got their bank details from their website).

 

I have sent them 3 months so that it also includes this months

and then sent another e-mail to tell them this including the payment ref,

 

I have told them that I have only sent the monthly payments bringing the account fully up to date (in fact slightly ahead)

as I did not have any visibility of charges but was willing to pay their missed payment charges,

I cc'd the ombudsman in this with their ref as well.

 

Still no response and it has been three days, have I done the right thing and will they/can they continue their action?

 

My brother said they need a court order to obtain the vehicle and I will have made the awkward by forcing payment and bringing up to date, is that right?

 

Help!

[Let Them Knock]

Vehicle repossessions in Scotland need a court order, unless you are silly enough to hand the car over on 'request' in which case the finance company will argue it is a voluntary surrender. It is most unlikely that they will go to court with no arrears on the account as you have rectified the breach and they have accepted payments (even if they didn't know they had).

 

IF it did go to court, I cannot imagine a judge make a repossession order if there were no arrears on the account.

 

I think you have done the right thing. Just make sure you keep proof of the payments you made.

 

All in my opinion/experience, of course.

[chrisd75]

Thanks that gives me some comfort I have done the right thing. I will let you know what I get back from them, I'm still astounded that this is the way they conduct their business and handle complaints. I was lucky enough that I had the money to pay them but really feel for anyone else in this position if they cannot.

 

Their customer service leaves alot to be desired and are they not just costing themselves more money in the long run in they way they pursue these matters? Guess they don't care though.

[Let Them Knock]

You are quite right. Many people who slip-up was a couple of repayments are not in a position to rectify things quickly.

 

I know (from my time connected to this type of business) that staff are often targeted on specific current 'problems'. One month it may be consistently late payers, another month it may be early defaults, etc. It depends what area is potentially a problem, usually determined by overall accounts analysis. It makes for an inconsistent approach to dealing with problems.

 

The reason I say 'look after your payment receipts' is that these companies have millions of pounds of unallocated payments in 'suspense' accounts because they cannot tie them up with the right customers.

 

Keep an eye on them, stay polite and don't give them a reason (excuse) to get heavy. Let them move-on to an easier target.

 

Good luck

[chrisd75]

Thanks for the help, this forum is great and gives you somewhere to turn for advice etc when your loosing hope!

 

Not heard back from them today, suppose no news is good news! Quick question do you think I can use the car at the moment we have been to worried to do so in case it disappears?

[Let Them Knock]

Thanks for the help, this forum is great and gives you somewhere to turn for advice etc when your loosing hope!

 

Not heard back from them today, suppose no news is good news! Quick question do you think I can use the car at the moment we have been to worried to do so in case it disappears?

 

I am assuming the agreement is HP or Credit Sale.

 

In Scotland it can be argued that a creditor would need a court order at any time to repossess (taken from www.monetadvicescotland.co.uk)

 

Under Scottish common law, it could be argued that it is illegal to take your car from the road without a court order. (taken from National Debtline site).

I didn't work in Scotland so I am not a good source for you. I suggest you do a bit of Gooling to satisfy yourself on the above or perhaps someone more knowledgeable will reply to you.

 

Good luck

[chrisd75]

After numerous e-mail chasers and phone calls this week (6 in total) I finally got to speak to someone at SCF, they have confirmed receipt of payment but could not tell me what was happening as my case was being dealt with by consumer relations. Unfortunately I couldn't speak to them as they have all left early due to snow which is understandable. I left with a promise of a call back on Monday, I had barely put the phone down when the repossession firm phone saying that had received an e-mail from Santander telling them to proceed with repossession. Can they do this given there are no arrears on the account, they have a customer who wants to pay them each month?

I'm getting really worried on this one now as I'm getting no information from them and they seem hell bent on repossessing, my question is how long would it take them to get a court order to reposes and could they do so whilst showing zero arrears or do they back date to when it had two months arrears?

Any help/advice much appreciated.

Regards

[Let Them Knock]

They must apply to the court. The court will inform you and give you a chance to defend the action.

[zoltron]

I would at every chance try and block the vehicle in on your drive as you did previously, or park it at a friend or relatives house on their drive until this blows over.

 

Insist if they will not reinstate the agreement, ask them to provide you with a copy of a court order allowing repossession to take place, they obviously can't as no such action has taken place as you would have known.

 

I'm sure if this went to court a judge would be more than sympathetic to your dilemma, as in most cases that proceed to litigation there is an underlying issue with a history of missed payments and defaults. This is clearly not the case in this instance as your account is up to date, I would in the mean time continue to make the payments on time using the method you have previously used.

 

If anyone turns up to collect the car ask for a court order, if they can't supply it tell them to jog on. But most important keep the car out of their reach as once they have their grubby hands on it you will almost certainly never see it again.

[zoltron]

It would take weeks to get a court order, but an order will not be granted until at least a chance is given to defend it.

 

But I would to see what they are going to put in their particulars of claim, especially as your account is up to date. Muppets.

[Gaston Grimsdyke]

Once the agreement is terminated, it can't be brought "up to date". The arrears are the entire balance, which was accelerated when the agreement was terminated. So legally they are entitled to continue to seek recovery of the vehicle, and it is arguable whether they need a court order or not in Scotland, so don't be surprised if it disappears if you leave it somewhere it can be found.

 

Seems daft that they are not allowing you to pay the balance by instalments, but if they don't give up your best bet is to apply for a Time Order (there'll be threads on Time Orders somewhere here).