Problems with Santander consumer finance

ludlum · 27 December 2009 at 3:01PM

Hi.

I have just entered into a DMP with the CCCS. Most of our creditors have accepted revised payments but Santander Consumer Finance are being a bit awkward.

I have a loan agreement with them for a Car which is named on the loan agreement and they have refused the revised payment. They are adding monthly late payment fees and saying that if less than full payment continues, it is their "business policy" to have the vehicle seized and the car sold to pay off some off the balance. Only then will they look at a revised payment plan for the remainder.

There is nothing specific in the agreement that says that they can seize the vehicle and the CCCS seem to think that they would be unable to actually do this.

Has anyone had any dealings with Santander and DMP arrangements?

What can they do and what cant they do. It would be grateful for any advice on what to epect and am hoping that my efforst so far with my DMP through the CCCS will not be in vain.

DarkConvict · 27 December 2009 at 7:38PM

Unless the loan is secured against the car (car finance) then they cannot seize it.
Have you double read the terms and conditions of the loan, have you asked them to point out to you where in your agreement it allows them to seize the car in part payment?

In order to seize the car if it is not unsecured against it they would need take you to court and get a CCJ (which you pay only what you can afford) and then you would need to fail to pay these payments (breaking the CCJ) for a bailiff to visit and seize assets one which could be the car. But that is all along way down the line and i cant see you heading any further than a CCJ so long as you make the payments set by a court.

cookie220985 · 28 December 2009 at 3:05PM

out of my 4 debts, 3 are on my DMP being welcome, barclays and santander, but santander are still be negotiated with, theyve refused 3 offers so far on my dmp, so yeah, they are stupidly awkward, my next dmp offers going to be lower so they have to accept my last offer.lol they can only keep it up so long, i started my plan in august.

soof02 · 15 January 2010 at 1:25PM

Hi - I am having exactly the same problem with Santander and CCCS - My first payment to the DMP is due this month and i have just recevied another letter from Santander saying they want loan paid off before the 28 Jan or further action will be taken - I am worried sick as this car is my husbands taxi - We owe £6000 - Car only worth £2000 if that!! If they take car off us we will have no income!! Help

Julesiep · 15 January 2010 at 5:29PM

What does it say on the loan agreement from Santander. Mine said "Fixed-Sum Loan". Santander TOLD me to surrender my car for auction but as it is not secured against the loan I refused. I have had no end of problems with Santander and their DCAs! Two years on I have a CCJ but still have the car.

soof02 · 16 January 2010 at 8:07PM

Thanks Jules - its nice to know i am not the only one out there!! Yes it is definately a motor loan and not HP so sounds the same as yours - What happened with your CCJ? Do you actually have to go to court or is all done by paper work? Cheers - Sue

Julesiep · 18 January 2010 at 10:45AM

The CCCS worked out my surplus and made offers to all my creditors. Santander was the only one that refused the offer. My debt went to Credit Style Limited (an inhouse DCA) and they sent me letters telling me to surrender the car and also phoned me loads and the woman was very rude, abrupt and threatening. I continued to refuse to surrender the car as I need it for work, living 30 miles from my job. They sent a DCA to my door once but I did not answer it and he put a card through my door. A few months later I got a form from the County Courts. I contacted the CCCS who helped me fill it in and I made the same offer as the CCCS had worked out. This was agreed by the County Courts via letter and I made payments direct to Santander. About 6 months later I got another letter from the County Court with a date to attend as Santander were objecting to with the payment offer. I had always been receiving letters from Santander's solicitor saying I had not been keeping up with the payments. I had and I had bank statements and a yearly statement from Santander that said otherwise. I had to see the Magistrate in a small room and a Solicitor representing Santander also attended (although clearly a local free lance solicitor employed just for this case as he had no clue about the claims that I had not been making the repayments). I took the CCCS paperwork and proof I had been keeping up with repayments with me. I had just received a small pay rise and my CCCS payments had been increased so was able to offer a bit more. Santander tried to get a charging order on my house. This was refused by the County Court and my increased payment was accepted. The Court did say that Santander can bring me back to the County Court in the future but I am not worried anymore.

soof02 · 19 January 2010 at 10:28PM

Thanks Jules - Will let you know how i get on x
Sue

chinawhite_2 · 19 January 2010 at 10:37PM

Hi

I enquired about this with CCCS a while ago on behalf of my ex as he has a car loan with santander but his car is essential to his work and he was worried about reducing payments to them for this loan. I was told that as the car was essential to work it would be put down as a priority debt, I assumed that this meant it would go in the same pile as a mortgage and fuel bills etc and still be paid in full (if within his budget), Have I got that wrong ??

Thanks

Julesiep · 21 January 2010 at 4:06PM

It depends on how the car is financed. If it is Hire Purchase then the car can be taken away if repayments are not maintained. With my car although the car was named on my finance agreement it is called a fix-sum loan and no different to an unsecure bank loan. There is nothing in the t&c that say the car can be repossessed. The CCCS are not allowed to favour some debts over others. Therefore all debts that are not secured against anything, including my car loan, have to be included in the DMP. So either your ex's car is secured against his loan or the CCCS thought it was.

pixie-pie · 29 October 2010 at 1:44PM

I am having the same problems with Santander. I had paid two years of the finance off and then the recession hit so I was unemployed for over a year. I kept in regular contact with them, explaining my circumstances and they refused to help. They wanted all of the outstanding debt and that is it. After numerous debt collectors, their financial assessor and solicitor, their solicitor has now issued a county court claim form asking me to admit to the debt and offer a payment. I have offerred a payment prior to this which was ignored and also sent them a financial statement. Never been in this situation before so I am quite worried. Santander are the worst company I have ever dealt with.:mad:

Problems with Santander consumer finance

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