Santander Consumer Finance (formerly GE Money)

richestorags_2

Hello,

Having searched the boards but without definitive answers, I was hoping someone could help.

I had a car finance agreement with the above, which finished around May 2009. During the course of the term, and due to the odd late payment and direct debit failure, I would have been slapped with some penalties around £30 ish a time.

What are the chances of contesting these, and more importantly, will I get them back? I have had success with credit card charges but unfortunately no success with bank charges. Can these HP charges be reclaimed or will I be fighting a losing battle?

Any help would be much appreciated,

richestorags_2

Can someone throw some light please? Grateful for any replies.

richestorags_2

Hi everyone,

I don't know if I have worded this question incorrectly due to the lack of responses, but I really would appreciate an experts viewpoint.

I just want to know if car finance charges are sibject to the same rules as credit card charges (i.e. good chance of getting a refund), or if they are subject to bank charges rules (i.e. have to go hardship route and still may not be successful)?

I am just trying to work out if it is worth my while in trying, or not. Please help!

standupguy

The first thing to do is obtain a statement showing all charges added including dates and reason for each charge.

Next, get a copy of your agreement and review the clauses relating to charges.

Compare the two to see if the same amounts have been applied as per the terms of the agreement as any discrepencies could be challenged.

Ensure if you have been charged for a notice of default that no further charges were added for the following two weeks in each case.

Next, take a view on the amount of charge and how this relates to the reason for the charge. If it is just a penalty it may be challenged.

If it is an amount which covers costs or administration then take a view on the amount - eg £10 for a phone call may just about be reasonable but say £25 is not.

Once you have completed this then write to the company detailing your findings and stating that you consider any charges or fees that you have highlighted to be unreasonable and unfair and you request an immediate refund. Inform them that you are "making a formal complaint which you are prepared to take to the Financial Ombudsman service if your complaint is not resolved within the timeframes allowed by the FSA for treating customers fairly"

richestorags_2

Thank you so much for your reply.

I do have a copy of the original agreement that says Late payment charge - £30, and also Returned direct debit - £15. Without writing to them I wouldn't know how many times these events happended, but as you can see, if I paid late via a returned direct debit, it would cost me a total of £45.00.

I don't wish to make excuses for late payment as this is obviously my fault, but based on that level of charges, do you think I have a case of getting a refund/partial refund?

standupguy

richestorags wrote: »

Thank you so much for your reply.

I do have a copy of the original agreement that says Late payment charge - £30, and also Returned direct debit - £15. Without writing to them I wouldn't know how many times these events happended, but as you can see, if I paid late via a returned direct debit, it would cost me a total of £45.00.

I don't wish to make excuses for late payment as this is obviously my fault, but based on that level of charges, do you think I have a case of getting a refund/partial refund?

You need to phone them and ask them to send a full statement of account detailing all fees and charges.
Once you have this complete the exercise of comparison with the clauses on your agreement

It sounds like a £30 charge is a penalty charge and whether or not this is something stated in the terms of the agreement may be ruled unfair by the Ombudsman as it is penalty rather than a cost to the company.

Remember you have nothing to lose other than your time - a complaint to the Ombudsman is free.

richestorags_2

Thank you once again.

I will do exactly as you say and see how it goes. If successful, you're first in line for a pint :-)

kev.s

i too am in the same position with santander, i have contested the charges with them, wrote to them after contacting OFT, consumer protect and the omdudsmen, advice i was given was to write to them and contest directly, you need to give them 8 weeks to respond which i did, again i have wrote to them asking for the charges which were not my fault to be refunded, again give them time to reply, upon their next reply, i'll elevate the complaint to ombudsman... probly be waste of time as ombudsman normally are, the banks etc just don't seem to care, honestly i'd say you will have little chance of getting them refunded, bit like my chances, but the longer it takes them to reply the longer they will wait for their money and then i'll wait the full 6 months (minus a few days)before i respond by going to ombudsman

lsmith85

Any update here? I'd be interested to know what's happened...