URGENT!! Car Repossesion?! Paid 50% and court case in a week.

leon91

We bought a car on credit through Santander in March 2007

the credit agreement was basically:

£8,228.50
APR 15.5% OVER 60 MONTHS
REPAYABLE: £11,594.20
P/M: £188.57

this payment was kept up untill
November 2009
when we moved banks and transferred all direct debits and repayments over with us.

around the same time the car owner broke a bone and spent a few months hospital/house bound and the bank hadnt transfered the direct debit over and so it was defaulted, we did not realise this
untill May 2010 when we recieved a letter from the creditor advising of previous correspondence- of which we never had, due to them sending documents to previous address despite knowing of our current address, obvious as they sent this letter here, in May.

upon reciving the letter, we took it to C.A.B for help & advice
and they said they will write to santander and try to negotiate a repayment of the defaulted amount of: £1131.42
which we would have been happy to cover.

since then neither CAB or ourselves have heard from Santander
untill we recieve a court notification on 15th July 2010
which CAB responded to, to acknowledge reciept of court notification.

Santander now request:

The car
Cost of Court fees
remaining credit of £5787.10
or once car is auctioned, the remaining thereafter.
plus damages/repairs

we always had every intention of paying the car, had we known as soon as we defaulted we would have sorted it there and then, but we did not know untill too late, due to them sending documents to wrong address.
we would negotiate as much as possible to keep the car
we could:
pay a lump sum - although £2000-5000 is just out of our means and then continue at the current monthly rate
or
pay a higher monthly rate to cover the defaulted amount.

is there any way of us keeping this car?
we simply cant afford a solicitor so i am going to court along side my grandmother as a mckenzie friend.
I am 18 so this shouldnt be a problem.

i can copy up any documents should anybody require or provide more details.
but its a matter of urgency and just need some advice.

by the way we have paid off so far:
£5807.10

thank you in advance.

Leon

PNPSUKNET

Firstly how did you update the address? Secondly the money that was not paid on the payments, what happend to it? With it been that you have only paid 50% which would also of included a setup charge they have a high chance of repo, unless you can prove you updated them. Could you scan the letters up here..

The_Helper_2

Have you tried speaking to Santander yourself to negotiate the arrears? That would be my first step. If you offer to make payment they shouldn't refuse. Before any legal action is taken they have to serve you with a notice of default and this needs to expire. If it expires they can take legal action but if it hasn't you can satisfy this default notice by making payments.

Give Santander a bell. Depending on how far on this is they won't be able to touch you (or the car) if you go back to maintaining the normal instalment.

Tubbss

Hi, just a few notes!

If you are 18 how did you buy a car on finance in 2007?

A default notice and termination is still valid if sent to the last known address.

were any insurances taken out on the agreement - if so, the insurance part of the monthly payment will not be taken into accout on total amount payable.

As far as I am aware you need to have paid over a third for the goods to be protected and over half to hand the vehicle back.

The_Helper_2

Tubbss wrote: »

Hi, just a few notes!

If you are 18 how did you buy a car on finance in 2007?

A default notice and termination is still valid if sent to the last known address.

were any insurances taken out on the agreement - if so, the insurance part of the monthly payment will not be taken into accout on total amount payable.

As far as I am aware you need to have paid over a third for the goods to be protected and over half to hand the vehicle back.

Paying over a third means you are protected from repossession. However, all the finance company need to do is get a court order. This Wont be difficult if the account hasn't had a payment on it in so long. Intent to pay will go along way if it is over a third and paying the normal instalment may even satisfy the default notice and prevent legal action.

leon91

The_Helper wrote: »

Have you tried speaking to Santander yourself to negotiate the arrears? That would be my first step. If you offer to make payment they shouldn't refuse. Before any legal action is taken they have to serve you with a notice of default and this needs to expire. If it expires they can take legal action but if it hasn't you can satisfy this default notice by making payments.

Give Santander a bell. Depending on how far on this is they won't be able to touch you (or the car) if you go back to maintaining the normal instalment.

no i havent yet, although that was my original plan!
as i said, we always have and do have every intention of paying the car. we live in a remote area on private land and so a car is essential.

we can pay 3 months ( a little under £600 ) right now today.
and then continue making payments of up to £800 a month to clear it. no problem.

at that rate the default would be cleared within 4 weeks!
....................................................................................

Hi, just a few notes!

If you are 18 how did you buy a car on finance in 2007?

A default notice and termination is still valid if sent to the last known address.

were any insurances taken out on the agreement - if so, the insurance part of the monthly payment will not be taken into accout on total amount payable.

As far as I am aware you need to have paid over a third for the goods to be protected and over half to hand the vehicle back.
..................
Im 18, but i am not the owner it is my grandmother who owns the car.

no there is no insurance on the agreement
we have paid over 1/2 of the total loan and more than 75% of cars original worth and over 100% of the cars current value.
...................................................................................
Paying over a third means you are protected from repossession. However, all the finance company need to do is get a court order. This Wont be difficult if the account hasn't had a payment on it in so long. Intent to pay will go along way if it is over a third and paying the normal instalment may even satisfy the default notice and prevent legal action.
.................................................
we have paid over 1/2
the court is in a week but we will pay whatever we can to keep the car.
.............................................


Firstly how did you update the address? Secondly the money that was not paid on the payments, what happend to it? With it been that you have only paid 50% which would also of included a setup charge they have a high chance of repo, unless you can prove you updated them. Could you scan the letters up here..
...........................................................................
We updated by letter, we sent letters to all compaines we had buisness with before we moved.
although this is going back to August 2008. so finding a copy/proff is probably impossible.
the money not paid - well it must have been spent, the thing is, we didnt realise, so we were to know no different. had we known we wouldnt have touched it and paid it straight away!
its unreal that condidering for 3 full years not one single payment was missed - not even a day late!
and had they changed banks - the bank said THEY would take care of this, and every other DD did, so we didnt even think to look.
the payments would have carried on being paid on time!

we have every intetion of clearing the debt, given time and help we could do it within 3 months..
we could pay the £200 a month and plus say an extra 100 a month or a lump sum.. whatever it takes.
but we really need the car.

PS, WILL SCAN ALL DOCUMENTS WITHIN THE NEXT FEW HOURS!

ab48uk

Forgive me for stating the obvious - please be very careful if you are going to put copies of documents on here.

When scanning, cover up all personal information, especially account numbers.

Good luck.

leon91

quick update:
we have paid just under 7000... not 5000 just looked at docs

standupguy

Telephone Santander and offer the arrangement you state above with the first payment of £600 payable on confirmation that they will withdraw the court proceedings pending you keeping to the arrangement

If they refuse and proceed to court then inform the judge that this sensible offer was made but refused - it is likely he will suspend the repossession order on you paying the arrangement

Another possible option is to vt the car if you have paid over half the hp price and your liability would then be to the arrears which is £1132 subject to the car being returned in a reasonable condition - the only issue may be that if they have now terminated your agreement you may be unable to do this.

shortchanged_2

leon91 wrote: »

Im 18, but i am not the owner it is my grandmother who owns the car.

Are you the main driver, and if you are are you insuring the vehicle under your name?

leon91

ab48uk wrote: »

Forgive me for stating the obvious - please be very careful if you are going to put copies of documents on here.

When scanning, cover up all personal information, especially account numbers.

Good luck.

oh of coure. i shall.
all address/names/accounts/ etc will be all be blacked out

leaving just the text and amounts.. and dates.