Satander car finance Ineffective default notice/termination CCA please help!!

[Katngaz]

Hi,

 

Trying not to go into too much detail (and apologies for multiple questions)

 

Santander Consumer Finance issued me with a default notice last July,

which I did not receive because I moved house.

 

They then sent a notice of termination once I told them I had moved.

 

I didn't want to get into semantics with them about whether the default notice was effective

because I received a copy afterwards and don't dispute that I was in default.

 

After they sent the termination notice however they continued to chase me for payment of what they were describing as arrears,

 

even after I made a formal written complaint asking for some clarity

- asking what the hell was going on

- had they terminated the agreement or not?

 

And if they had why were they telling me that I was missing payments every month

and sending me letters threatening to terminate the agreement when they had apparently already terminated it?

 

This went on for months and the only explanation came from their complaints department

that sometimes they will allow people to just pay off the arrears and reinstate the standing order

for the original payment amount "as a gesture of goodwill".

 

I made at least two offers to enter into a payment agreement with them and these were ignored.

 

The case is now with DWF solicitors who say they have issued the claim at court.

 

I really just want to know how to defend the case

- can the default notice and termination notice really have been valid/effective

if they continued to chase me for payment of arrears (which increased month on month)

and threatened to terminate a by then non-existent agreement.

 

I am a solicitor so have no problem representing myself

but we need the car and have paid more than half of the amount owed on the original agreement

and have made what I believe to be reasonable attempts to resolve this without involving the court.

 

Santander however seem hell bent on throwing money at this matter to get the car back,

despite the fact it is worth less than the outstanding balance.

 

I have made my dire financial state clear to them on innumerable occasions and have been ignored,

I've also asked for clarification in writing of why I was being harrassed for payment of arrears

when they said the agreement was terminated and that request has also been ignored.

 

This isn't really my area of expertise in law, although I do deal with county court procedure so know about the CPR etc,

 

I'm just curious to know whether I can argue that their actions have invalidated their termination notice.

 

I'm also wondering whether a without notice application for an order for an extension of time to pay the balance would be worthwhile.

 

I was thinking about stressing my financial hardship and my previous offers to pay as well as the complete waste of the court's time

and costs dealing with this matter when I have made offers to pay what I can afford.

 

Am I right in thinking the court won't make any orders that would increase my financial hardship?

 

Losing the car would mean my partner couldn't get to work,

which would mean losing the job he only started last week after 18 months of unemployment

(which caused the financial hardship that led to the default in paying the agreement in the first place!)

 

I'd like to think the court would take a sensible approach

and realise that the car is worth way more to us than it is to them

(we have a three year old and a four month old and really need a car),

 

but I know what judges can be like and want to make sure I'm doing everything possible to avoid losing the car.

 

Thanks for any advice you can offer.

Katie

[dx100uk]

they can still chase even if terminated.

 

dx

[dx100uk]

the judge will not make you pay anything more than your I&E sheet indicates

 

because you have repeatedly offered money

it will look very bad in court for them

 

are DWF representing their client satans bank or has it been sold?

 

they'll sell the debt on usually

[Katngaz]

It's not so much the chasing that concerned me, more the fact that they continued to send the same chaser letters

after the apparent termination that they were sending before the termination,

i.e. threatening to terminate the agreement when it was apparently already terminated.

It's been nothing but contradiction and confusion since the payments were missed over a year ago!

 

I was expecting them to sell the debt since it's only just over £6k and the car is worth less than that,

but for some reason they seem hell bent on getting the car off us.

 

I don't even think it's worth them issuing the claim and paying DWF considering what they'll get for the car

but they don't seem to be blessed with a great deal of sense or reason!

 

I have yet to see a copy of the Claim Form or Particulars so it may just be a bluff at this stage.

 

I've asked for the date of issue and claim number and for confirmation of the court where it was issued

and have repeated my offer to enter into a payment arrangement.

 

I've called their bluff a bit by giving them 48 hours to confirm whether theyre willing to enter into a payment arrangement

(which is the time limit they gave me in a letter sent by post on a Friday!)

 

I'm still hoping that they sell the debt but its looking unlikely now

[dx100uk]

it would be northants if they have issued a claim.

 

however, I think you are p'haps taking this too seriously

bearing in mind you sort of work in the same field

and know how to talk to them shall we say.

 

have you looked at your credit file?

that might throw some light on things.

 

have you continued your payments

 

dx