Santander car HP agreement

monkeysallsayboo

Hi everyone

I know without going into all the ins and outs you cant help exactly. But i have gone BR and have now heard from santander re my car. I wanted to keep it but they said no.

First i knew of this i got a call from the people acting on their behalf as they wanted to collect it. I had no letter or any communication with santander.

I then called santander and questioned them as they had sent no letter. they said they didnt have to, but when i told them that it said in my agreement that if they terminated the agreement because of bankruptcy they would have to write to me and give me notice (it doesnt say an amount of time though), they said they would send me a default notice, but that they wanted the car back immediately, or at least ASAP.

can they a) basically give me no notice and b) not actually terminate the agreement in writing?

Thanks if anyone can help and sorry if its a long post!!!

Claire

debtinfo

It really depends on what is stated in the agreement which are all a bit different

shazbo

monkeysallsayboo wrote: »

Hi everyone

I know without going into all the ins and outs you cant help exactly. But i have gone BR and have now heard from santander re my car. I wanted to keep it but they said no.

First i knew of this i got a call from the people acting on their behalf as they wanted to collect it. I had no letter or any communication with santander.

I then called santander and questioned them as they had sent no letter. they said they didnt have to, but when i told them that it said in my agreement that if they terminated the agreement because of bankruptcy they would have to write to me and give me notice (it doesnt say an amount of time though), they said they would send me a default notice, but that they wanted the car back immediately, or at least ASAP.

can they a) basically give me no notice and b) not actually terminate the agreement in writing?

Thanks if anyone can help and sorry if its a long post!!!

Claire

Hi, are you sure this is an HP agreement? stupid question i know, i only ask because our car finance was with them and we thought (or assumed) it was HP and then 6 months into BR we found out it was an ordinary loan. Have you spoken to your OR about them taking the car?

I know it might not help at all but maybe worth checking

Geoff_n_Nat

shazbo wrote: »

Hi, are you sure this is an HP agreement? stupid question i know, i only ask because our car finance was with them and we thought (or assumed) it was HP and then 6 months into BR we found out it was an ordinary loan. Have you spoken to your OR about them taking the car?

I know it might not help at all but maybe worth checking

SAME HERE!!!!!!!!! Get the paperwork checked !!

Geoff_n_Nat

Also my car flagged up on HPI even though it turned out to be a personal loan !!!!

monkeysallsayboo

can I just ask what is the different between a HP and loan in relation to the car and BR?

Brock_and_Roll

simple - under HP the car does not belong to you, it belongs to Santander. Not part of your assets re BR but your declaring BR will be a clear breach of your HP contract so they can and will repossess.

With a loan, you would have bought and owned the car itself, therefore Santander would have to join the list of creditors in your bankrupcy

monkeysallsayboo

ah i see! well it says HP agreement on it. I jsut checked!

shazbo

monkeysallsayboo wrote: »

ah i see! well it says HP agreement on it. I jsut checked!

Im pretty sure ours mentioned ''HP'' as well as ''cash loan'' too which is why it was such a surprise when it turned out not to be, check with your OR before you allow them to take it.

monkeysallsayboo

just doubled checked and it is definitely HP!

shazbo

Thats a shame, but as you expected there is nothing you can do about it now and as others have said they will take it asap:(, are you able to get to manage without it?