Urgent Help Court papers served to old address and thats not all....

[Amethyst]

Re: Urgent Help Court papers served to old address and thats not all....

Okay, forgetting Close Finance for now - what do you want the outcome to be ?

You paid approx 22 months of installments plus the deposit (about £10k on para 9 of POC) - that sound about right?

[fallenangel]

Re: Urgent Help Court papers served to old address and thats not all....

Okay, forgetting Close Finance for now - what do you want the outcome to be ?

You paid approx 22 months of installments plus the deposit (about £10k on para 9 of POC) - that sound about right?

Yes sounds about right. Dont want to lose the car to be honest.
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they are exactly £1.00 out !

LOL with the amount of money I have paid. Not much help really.

[Amethyst]

Re: Urgent Help Court papers served to old address and thats not all....

Okay, in that case it's try and do offer to pay - getting an affordable repayment offer in place. The difficulties you have had and the Close finance stuff should help you get that quite easily. You have tried to pay Santander but they wouldnt accept it - though funnily enough they can find the account now they want to sue. We can include all of that and the DN discrepancies and possibly get them to withdraw/indefinately stay the claim with a consent order allowing you to keep the car based on reasonable payments being maintained. Just do it layman style without too much legal jargon and full on I know my rights stuff.

What do you think ?

Firstly tho if possibly can you scan in the default and termination notices. Also as well as the termination was there any other preaction letters from santander or just hassle from Close ? Then others can look at these and see if there is any manoevurability on getting the case struck on those points.


(for ref you have to acknowledge the claim by the 8th Sept and enter full defence /offer by 22nd Sept)

[middenmess]

Re: Urgent Help Court papers served to old address and thats not all....

Perhaps I've missed it but how did you pay the OC/Mr.bank when the account had been terminated?

Mr Bank send me termination notice.

I still pay Mr bank

[Curlyben]

Re: Urgent Help Court papers served to old address and thats not all....

As this is an HP agreement the game changes somewhat.
Santandar don't, IMHO, have any cause of action here, and certainly not for a simple money claim.

Other HP agreements I have seen allow for the goods (car) to be returned/payed off at certain points in the agreement.

This is cover in CCA under s99-s104, but, if my understanding is correct, assuming you have paid AT LEAST and/or UP TO half of the agreement you can rescind the agreement, return the car and walk away.

As for Close Brothers I wouldn't be surprised if this was part of a CDO deal they had with Santandar as their securities division makes up 50% of their business.
Why Santandar are now filing is unclear, but you have enough information to show their cause of action doesn't exist and that this is vexatious and possibly unlawful to boot.

[fallenangel]

Re: Urgent Help Court papers served to old address and thats not all....

As this is an HP agreement the game changes somewhat.
Santandar don't, IMHO, have any cause of action here, and certainly not for a simple money claim.

Other HP agreements I have seen allow for the goods (car) to be returned/payed off at certain points in the agreement.

This is cover in CCA under s99-s104, but, if my understanding is correct, assuming you have paid AT LEAST and/or UP TO half of the agreement you can rescind the agreement, return the car and walk away.

As for Close Brothers I wouldn't be surprised if this was part of a CDO deal they had with Santandar as their securities division makes up 50% of their business.
Why Santandar are now filing is unclear, but you have enough information to show their cause of action doesn't exist and that this is vexatious and possibly unlawful to boot.

Hi Curly Ben, Amethyst and others

I am a nurse so forgive me if it appeared I had disappeared last night, but I worked night shift and a bit tired to say least.

Amethyst - thanks and I will post links to default notice and termination notice


Curly Ben - forgive me but I am knackered and am hoping you can clarify what you wrote for me.

I am on my 3rd cup of coffee trying to get my head round wht i should do next, worrying alot.
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Here is the termination notice and default notice

http://i948.photobucket.com/albums/a...aultnotice.jpg[/IMG]

http://i948.photobucket.com/albums/a...oticep2jpg.jpg[/IMG]

http://i948.photobucket.com/albums/a...tionNotice.jpg[/IMG]

Hopefully I removed all my details -
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Perhaps I've missed it but how did you pay the OC/Mr.bank when the account had been terminated?

I rec eived DN for 2 instalments. Rang up Christmas eve and paid one and made an arrangment to pay the other in New year.

Then in New Year (Jan) I received TN

But in Feb I rang up twice during month and paid 2 separate payments by card.

In March I went into the branch and tried to pay but they refused to take payment as account was not on their system.

In late April I received a letter from Santander informing me my account number had been changed

I went in again armed with letter and they still refused to take payment as my account was not in system.

During this time I was being chased by Red Collections and Close Brothers.

I sent a CCA to Close Brothers and wrote to Red asking them not to contact me as it was extreme. I asked Red to write and heard nothing more from them.

Still nothing received from Close except the letter of assignment thing.

So haven't paid anyone since.


If you look at the DN I did receive it was for 2 payments on 21st Nov. I paid one on 23rd Dec by card (sorry not Xmas eve just checked bank statement). Made arrangements for the other payment to be made in New year.

BUT if you refer to the solicitors account/POC they state, a DN was served by first class post on 15th Dec for 3 instalments.

I have not received this one.

But even so, are they allowed to serve 2 in such a short time span? And if they are how come I was not allowed the full amount of time to pay off and how come the solicitors don't say in their POC that I had already paid 1 instalment (1/3rd) ??? They say by my lack of action they took the account as termination, but why when I did act and they took my money???????????????

[Amethyst]

Re: Urgent Help Court papers served to old address and thats not all....

Bascially we really need to see the termination notice

The agreement allows you to return the car at certain points through the contract, can you read what the figures are on those (cause they just look like blurs to me on this screen). I'm guessing the lowest one is over the £10k you have paid. But of course that results in you losing the car.

CDO = collatarellised debt obligation ?? Collateralized Debt Obligation Explained | eHow.co.uk (completely over my head btw )

[Amethyst]

Re: Urgent Help Court papers served to old address and thats not all....

Here is the termination notice and default notice

http://i948.photobucket.com/albums/a...aultnotice.jpg[/IMG]

http://i948.photobucket.com/albums/a...oticep2jpg.jpg[/IMG]

http://i948.photobucket.com/albums/a...tionNotice.jpg[/IMG]

Hopefully I removed all my details -
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I rec eived DN for 2 instalments. Rang up Christmas eve and paid one and made an arrangment to pay the other in New year.

Then in New Year (Jan) I received TN

But in Feb I rang up twice during month and paid 2 separate payments by card.

In March I went into the branch and tried to pay but they refused to take payment as account was not on their system.

In late April I received a letter from Santander informing me my account number had been changed

I went in again armed with letter and they still refused to take payment as my account was not in system.

During this time I was being chased by Red Collections and Close Brothers.

I sent a CCA to Close Brothers and wrote to Red asking them not to contact me as it was extreme. I asked Red to write and heard nothing more from them.

Still nothing received from Close except the letter of assignment thing.

So haven't paid anyone since.

Thanks for that info, will have a look at the docs.

Very useful that you have made payments since the DN. Do the statements of the account show these payments on it ?

Did Red collections write to you ? Did they claim assignment too ?

[Amethyst]

Re: Urgent Help Court papers served to old address and thats not all....

Okay the default notice gave you till 11th December, which you missed the deadline on, but you made (and they accepted) a payment of one installment on 24th December, did you make the other one before 6th January (when the account was terminated).

Alongside paying those arrears did you continue the normal payments (ie. Decembers standard installment as well as the additional arrears - or just the arrears ?)

[Amethyst]

Re: Urgent Help Court papers served to old address and thats not all....

Also - do you have the money available to you to pay off the arrears (all installments normally due to date) ?

[fallenangel]

Re: Urgent Help Court papers served to old address and thats not all....

Bascially we really need to see the termination notice

The agreement allows you to return the car at certain points through the contract, can you read what the figures are on those (cause they just look like blurs to me on this screen). I'm guessing the lowest one is over the £10k you have paid. But of course that results in you losing the car.

CDO = collatarellised debt obligation ?? Collateralized Debt Obligation Explained | eHow.co.uk (completely over my head btw )

YES OVER MY HEAD TOO !

no cant read the figures clearly its hard to tell - I am sorry I really cant read it.

I have already posted the link to the termination notice ??? I thought so but maybe not

No Red did not claim assignment. Only that letter from Close saying they had purchased it.

No not been paying since as they wont accept since March now.

[fallenangel]

Re: Urgent Help Court papers served to old address and thats not all....

ok I got to go and get some sleep bear with me

[Amethyst]

Re: Urgent Help Court papers served to old address and thats not all....

you need to ! talk later on think we have most of the info needed on here now to form a plan/defence its just pulling together the arguments and we have 3 weeks Try not to worry on this too much xx

[fallenangel]

Re: Urgent Help Court papers served to old address and thats not all....

you need to ! talk later on think we have most of the info needed on here now to form a plan/defence its just pulling together the arguments and we have 3 weeks Try not to worry on this too much xx

Thanks really appreciate it!

[fallenangel]

Re: Urgent Help Court papers served to old address and thats not all....

Just got in from another night shift. Thought I would check in .

BUt there is one thing that is baffling me, been reading through different threads etc but what is the seagull thing and why do they rule and why are they sometmes orange??