SANTANDER car loan issues- being nasty - now sold to bluestone/close credit management?

[allison6564]

It is a fixed term laon agreement that I took out in June 2010 for the purchase of a car.

 

It was a fixed term loan for 15k with 5k charges added and was for 60 months at 350pm.

 

Paid every month up until Jan this year.

Sent them an I & E asking to write off ...said no.

 

I have had numerous letters off them adding charges at £25 a time

and I wrote to them again on on 5th MArch offering a reduced payment of £200pm.

No response so

wrote again on 3rd April enclosing copies of all previous letters.

 

Then had an income and exp form back with a rather sloppy written comp slip

once again sent the I & E I had sent before which is the national debtline one.

 

Has a letter back dated 11th Apr asking me to ring them.

 

Now I know you are all gonna say I should never ring but thought it would be easier ...what a mistake!

 

The guy on the phone said the following:-

I should sell my car and then keep say 2k of the money to buy another and pay the rest off the loan?

 

I replied not an option as one I need the car for work etc and also I would not get much for it

and would be like giving it away and then I'd still owe most of the loan anyway.

 

They could put a charge on my house.

I replied no equity.

 

He then threatened that they would take me to court and I pointed out that I felt an offer of £200 was a fair one in consideration

of my circumstances and that I'm sure a judge would too!

 

he asked for a landline and I replied I wanted all correspondance to be in writing

..he said they needed a number to get in touch and I said get in touch by post.

 

then went to say that I would be fined over £100 if they couldn't get in touch!

I replied that he should put a note on my account that all corresspondance will be answered promtly in WRITING!

 

I also asked about the charges being added and he replied that as

they are not willing to accept my offer charges will still be added!!!

 

Has anyone had any dealing with these ...

they are being really unfair in my opinion

..not sure whcih way to go with this please help x

[MagnaCarta]

No one can fine you without it going to court, only courts impose fines, not stinking low down Banksters. "Sun Tan-Derrrrr" are going bankrupt and are desperate, take the rudeness of their staff as just desperation. Stand firm, call the shots or tell them if you don't agree you get NOTHING - Nada - Ought!

 

Ask the young man if he wants to buy some Bit Coins or some Gold from a One Eyed Scottish person from some years ago. Or tell him to 'calm down dear' and Foxtrot Oscar

[Seminole]

Santander are clowns at the best of times and appalling to deal with if you have a problem.

 

As you are not disputing the debt, you could continue to pay them at the rate you can comfortably afford. You should also make a formal written complaint setting out the sequence of events.

 

Your worst case scenario is that they issue a default notice and then make a county court claim. You should be prepared for them to do this but it will probably take them a while.

[dx100uk]

silly beggars

 

your say there are PENALTY charges

 

and any PPI/GAP/ etc?

 

get reclaiming

 

dx

[allison6564]

Had another letter from them at the weekend just saying "unfortunately we are unable to accept your payment proposal".

Not sure where this leaves me ... should I set up a standing order for the £200 starting on 1st May anyway and then at least if it went to court then they would see that I have tried to pay the debt etc.

[MagnaCarta]

If you do that, I can't see many Judges not siding with you, I don't think Sun Tan Derrr would even try to take it to court if you we're paying that amount regular. They might whine and whinge but tough!

[dx100uk]

yes just do it

 

now

 

how about reclaiming!!

got all the statements?

 

dx

[allison6564]

I will set up the SO today and write to them yet again telling that I have done so....will also enclose a claim as there's only a few missed payment charges gone on for £25 each...three I think. On what grounds do I reclaim these? I also want to make sure they stop adding any more!

[dx100uk]

This second spreadsheet is a compound interest calculator and can be used both for PPI claims and Charges Reclaims on Revolving Credit Accounts such as credit cards. Compound interest is not an award that fos will give in respect of PPI claims but it can be used in PPI cases that are pursued through the courts. It is the standard sheet that is also used for charges reclaims both on credit cards and loan accounts where interest in restitution is claimed.

 

CISheet v101.xls

 

use their int rate in cell d15

 

they are a PENALTY and not a true reflection of their actual admin costs.

 

when I negotiate repayment level on debts I use this method:

 

TELL [dont ask] them they are only going to get £xxPCM for xx mts

as a goodwill gesture

and as a reciprocal GOGW they must freeze int & refrain from levying PENALTY charges.

if they wont

drop them to £1PCM for life.

.

as an example>

.

I am currently in financial difficulties and not able to meet my normal monthly repayments.

to show my goodwill, i am going to pay £5 for 6 mts.

 

i will update you in 6mts time or before, should my situation change.

.

could you please as a reciprocal goodwill guesture,

.

refrain from levying any penalty charges & freeze the interest on my account.?

.

Should you fail to assist me during a period of financial difficulty, contrary to all the guidelines and codes

issued by the relevent bodies and authorities that govern you and the way you conduct yourselves.

.

i shall have no alternative but to reduce my offer to £1PCM for the rest of the life of the account,

.

.

as your actions would do nothing to help me.

.

i thank you for your time.

..

.

dx

.

then pay by your internet banking site

.

and get reclaiming

.

TAKE CONTROL

.

or

if you have sent the above and they refuse

then write back........

.

.

i'm sorry, but you have failed to assist me during a period of financial difficulty, against all the guidelines and codes

issued by the relevent bodies and authorities that govern you and the way you conduct yourselves.

i repeat again, the contents of my letter dated dd/mm/yyyy, for want of clarification:

to show my goodwill, i am going to pay £XX for XX mts

could you please as a reciprocal goodwill guesture, refraining from levying any penalty charges & freeze the interest on my account.

i will update you in 6mts time or before, should my situation chance.

should you fail to help by refraining from levying unlawful PENALTY charges & freeze my interest,

i shall have no alternative but to reduce my offer to £1PCM for the rest of the life of the account,

as your actions are doing nothing to help me.

This is contrary to the rules you should operate under.

disgruntled account holder

 

 

now

 

have you the agreement?

 

as its a car loan

 

not been charged all manner of supposed 'compulsory' insurances have you

like GAP/PPI etc etc have you?

 

dx

[allison6564]

Great letters, yes have the agreement and no GAP etc as it was given as a fixed sum personal loan although I did use it to buy my car. The only charges I need to claim are the £25 ones and will send off your second letter today with a bit of tweaking.

Thx a million dx

Now your mentioning that GAP insurance it has brought back that I did yake that on another car a biught a few years back now...I would of been at the council working and so covered with full sick pay etc...mmmm might have to dig out the paperwork!!!!!

[dx100uk]

GAP has nothing sadly to do with the fact of your works sick pay etc...

 

sometimes gap is missold, esp if the car is not listed on the agreement

i'e its a personal loan not HP.

 

typically GAP cannot be levied on pers loans if it is not secured on the car.

 

however a sep issue for a sep thread

 

dx

[allison6564]

Well sent letter yesterday but have just got another nasty one from them saying that dispute their prev letters I have failed to pay the arrears and so they have terminated the agreement and in bold caps they say if this is not paid immediately we will take legal proceedings against you.

I set up the so for £200 pm and put this in the letter not sure what happens now.

[allison6564]

Right this one has me really worried as they just don't seem to be listening to me and I think they may have defaulted it. This is a list of correspondance since Jan:-

Loan taken out Jun 2010 fixed sum total payable £21072 (346 x 60)

Paid like clockwork until Jan this year balance then is £10,339

14 Feb sent letter with I & E explaining situation and asking them to write off (well was worth a shot!)

 

20 Feb Letter rec with DD instruction stating that DD had been cancelled

 

25 Feb Letter from them thnaking me for I & E but they are not able to accept my payment proposal

 

27 Feb Notice of Default sum received from them as DD didn't go through and £25 charge applied

 

5 Mar wrote to them again asking them to write it off

 

9 Mar Notice of overdue amount received

 

19 Mar Notice of sums in arrears Received

 

23 Mar Notice of default sum received and £25 charge applied

 

3 Apr I wrote to them signed for stating that I hadn't received a response in connection with my financial situation. Offering them £200 per month reduced payment

Dated 26 Mar but recieved 8th Apr a Default Notice saying unless I paid the arrears by 14th Apr further action will be taken

 

8th April Receieved a compliment slip asking to complete the attached Santander Income form

 

9th Apr Wrote to them saying that I ocne again attach an I & E form as sent previously and offering £200 pm

 

11th Apr letter from them saying can't accept my reduced payment

 

15th Apr this is when I rung them and they said that I should sell my car, they would put charge on house, they need landline or I would be fined £100 if they couldn't get in touch etc etc. Please see post above.

 

16 Apri wrote to them complaining about the bullying tactics of the staff, that I feel my offer is fair and that I felt a judge would also think this.

 

17 Apr another letter sayig same that they ca't accept my reduced payment

 

22 Apr I wrote again saying I had set up a SP from 10th May 2013 as I felt I need to make some payements

Now yesterday got a letter dated 17 Apr saying that they had terminated my agreement and the bal was payable in full. ie

"Despite our previous letters, including a Default Notice, you have failed to pay the arrears due under the agreement. Therefore we have today terminated your agreement and the unpaid balance, as shown above is now due.

IF THIS IS NOT PAID IMMEDIATLEY WE WILL TAKE LEGAL PROCEEDINGS AGAINST YOU. YOU MAY HAVE TO PAY THE COSTS.

and then goes on to say how I can pay etc.

 

Now I just don't know what to do next....the SO is in place and so first payment will go to them on 10th May but my hubby said if they have terminated the agreement how do we know where the money will go etc.

 

Also they terminated it and the rebate fee of £1022.26 was not deducted but I assume this is correct?

 

Please cna someone help as I really don't want to ring them again and not sure what to put ina letter etc. x

Edited April 24, 2013 by citizenB
formatting

[Seminole]

Yes, it sounds as if they will have defaulted you and this will be shown on your credit file for the next six years. A reasonable organisation would have entered into a negotiation with you about your repayment proposals but Santander are aholes. If it's any comfort they're aholes with just about everyone.

 

Unfortunately, there's not much you can do at the moment because, at the end of the day, you took out a loan and you can't meet the repayment terms. They're within their rights to default you and could now take the matter to court or farm it out/ sell it to a debt collection agency.

 

You have a number of options:

1) Raise the cash/ sell the car to pay off the debt. I appreciate that you may not be able or want to do this but, if you don't, Santander or their agents will continue to hassle you.

2) Make a formal complaint about the way in which they have dealt with you. I think this is worth doing anyway because if your I&E shows that £200 is the most that you can afford, they are being unreasonable. I'm not sure that you have a basis for a complaint to the Ombudsman at some point (others may be able to advise) but it's worth getting a written response to a complaint in case this matter goes to court.

3) Do nothing. I don't know how Santander generally deal with these sorts of debts. They could take the matter to court themselves or farm it out to a debt collector. The latter would be likely to delay any court action for a while but will result in a great deal of hassle if the dca is able to get hold of your telephone number.

 

If the matter does go to courtk, it could go a couple of ways. Santander could get a forthwith judgement which means that you would have to raise the cash somehow (i.e. sell the car). You would have a reasonable defence against this if you could demonstrate that you need a car of this quality for work or other reasons. A judgement to pay by instalments would be the best outcome and the court would only order you to pay what you could reasonably afford. If your I&E is reasonable then that would probably be £200 per month.

[allison6564]

Yes I kow they have most probably defaulted me and to be honest thats not my main worry as the way I feel at the moment I don;t want credit ever again!

 

How can they make me sell the car as it is not a HP agreement ....should I transfer it over to my husbands name. I just know that I would get next to othing for it as it has a few dents etc made by me since I got it and even though the engine is good as I have maintained it it is high milage as it was when I got it so it really would be throwing money I haven't got down the drain to sell it and I could not manage at all without a car.

 

Do you think I should leave the standing order in place ready for the 10th May?

[citizenB]

Did they send you a Default notice ?

 

If this was a personal loan then they MUST follow procedure and cant simply terminate without issuing a compliant default notice first.

[citizenB]

Get reclaiming the charges they have applied to the account and has it been established that the insurance was incorrectly sold ? If so, then you should make a reclaim for that as well. That should help reduce the outstanding balance somewhat.

[allison6564]

yes they have issued a default notice on 26 March and I can't see any insurance on the agreement just the credit charges added at the begining. What I can't get my head round is how they think they can make me sell my car? I have offered what I feel is a fair offer as there's no money for any other creditors but they just refuse my offer. Should I transfer the car into my husbands name do you think?

[Seminole]

Sorry, just to be clear, they can't make you sell the car and neither could the court. However, a judgement requiring full payment of an outstanding loan balance could put someone in a position where they could only do this by selling assets which might include a car.

 

As dx has said, get reclaiming and I think you should be making a formal complaint that they have been unreasonable.

 

My view is that you should make the £200 payments as it shows that you are serious about the offer. Your husband has a point about how the funds will be treated and given how chaotic Santander can be, you may well have problems with getting them to allocate the payment to the loan. However, you shouldn't have any difficulty in proving that you have made the payments if the matter goes to court.

[dx100uk]

no cancel it

 

they CANNOT force the sale or take the car - end of

 

can you scan up the agreement please?

 

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try www.pdfescape.com TO BLANK STUFF,

*************************************************************

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

[allison6564]

Here are the three pages of the agreement

Thx DX

[dx100uk]

good not secure on the car they cant touch it

 

dx

[allison6564]

what should I do about the payment dx do you think I should leave them run...at least if they take me to court then which I have a feeling they will I can show that I am paying them.

[dx100uk]

if the account is closed it might not get through.

 

why not give them a quick ring

and see if you can pay by phone

or ask if they will accept payment still.

say by YOUR internet banking transfer

record it if you can

 

dx

[allison6564]

Just rung them and the lady was much nicer !!!

 

She said yes payments would go to the account but they will still continue further action etc.

I said well theres no more I can do I ahve written loads of times etc etc.

 

She said again that as I have the car they would expect me to sell it and then come to an arrangement re the balance.

 

I said this would not be cost effectve as I wouldn't get much for it and need it for work.

 

She also said that they may sell it on I said well there,s nothing more I can do etc.

 

Will just have to see what happens.