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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 4641
Experience:  Solicitor
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Regarding consumer law. I bought a car via santander

Resolved Question:

Regarding consumer law. I bought a car via santander consumer finance April 2015. I repaid successfully until temporary job loss April 2017. It's a conditional sale and I have paid 2 thirds back. I contacted Santander regarding loss of income and have written 7 letters most via recorded delivery stating my complete cooperation to sort the matter out ,they have basically ignored all communication by letter which I stated in my first letter to them was my preferred method of communication.I used National debt line for all my 10 other creditors and have an accepted repayment budget plan with all but Santander. They refused point blank so I asked if I could start repaying the original repayments plus an agreed additional payment to repay the arrears over the remaining term of the loan as about 12 months as Im working again now. They have replied with a termination notice and want the car returning forthwith. They state that due to my repayments they will have to seek a court order to repossess the car. Is this automatic or will I have my day in court as any sensible person will be horrified at my treatment after temporally falling on hard times. Thank you for any input you may have here. ***** *****
Submitted: 1 month ago.
Category: Law
Expert:  Jamie-Law replied 1 month ago.

Hello my name is ***** ***** I will help you.

Do you want them to take the car back?

Customer: replied 1 month ago.
No . Paid more than 2 thirds .temporary change of circumstances were i hoped they would help.now able to reastablish payments and pay arrears. I explained 7 recorded delivery letters sent to them to try and help each other to no affect. Other than termination and threat of extra expense and return of goods via court.can i explain at court or are they going to lift car with automatic court hearing that i have no say in.
Expert:  Jamie-Law replied 30 days ago.

They MUST get a Court order. So you can explain the situation at Court.

It would seem to make sense that you take over the agreement. But here it seems to be that they just want to take the car and add legal fees.

As such I would get this matter to Court and you can argue the case before a Judge

But they must get a Court order to take the vehicle

Can I clarify anything for you about this today please?

Customer: replied 30 days ago.
Thank you very much Jamie .just to clarify if they won't take my offer to start paying the original monthly payment from now and come to an arrangement to repay the arreas over a acceptable time ,they will have to apply to mag court for a warrant or such thing to take possession ov the car. at that time it is there and/or the courts responsibility to inform me of time and date of such proceedings so I can represent myself with the entire explanation which I have continually communicated to Santander over the last three months.
Expert:  Jamie-Law replied 30 days ago.

Indeed you can. You will be notified of Court proceedings and a hearing in due course.
Does that clarify?

Jamie-Law and other Law Specialists are ready to help you
Customer: replied 30 days ago.
Thank you again Jamie, first time I have used this service and it does seem very good certainly with your input.have a good week.��