Santander Repossession

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  • silvercar
    silvercar Posts: 46,955 Ambassador
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    Speak to the court officials. They can help you with the forms.

    Emphasise to the judge the details of the offer you made to Santander. They may be more willing to accept it, if the judge rubber stamps it.
    I'm a Forum Ambassador on The Coronavirus Boards as well as the housing, mortgages and student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • Janejh
    Janejh Posts: 34 Forumite
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    Santander turned down my proposal of clearing arrears in full, 6 months mortgage up front and proof of ability to sustain future payments. I have now filed a Form N244 to request that the possession and eviction be set aside. With the application I have sent a lengthy statement setting out all the events and circumstances which contributed to the arrears. I have sent a copy of my email that I sent to Santander with my offer plus proof of income and ability to sustain future payments.
    The eviction took place without my knowledge on 26th April. I have 2 days, today and tomorrow, to empty the house. The company dealing with the access days told me they would charge me £240 because they have to have a house sitter in attendance while I remove my things. Unneeded 2 days because packing up was started from scratch so that's now £480. I'm then told that because there will be more than three people doing the removal (me, my partner and 2 removal guys) that there will need to be 2 sitters so we are now up to £960 for two days!!!!!
    At the property this morning was the lock smith - now acting as a house sitter. He informs me that he is the only one in attendance. After unlocking the house he took his van to the end of the road and sat there for the duration of my time at the property. Will they seriously charge me £960 for one guy sitting in his van?
    Do you think I have any chance at all of a judge accepting my offer and getting me back into my home?
  • silvercar
    silvercar Posts: 46,955 Ambassador
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    Good luck!

    As to whether you have a chance, I don't know. In your favour is that you can clear the arrears in full and show that you can pay going forward. Going against you is that you have been in this situation before.

    I would concentrate the court's attention that you have the ability to pay rather than get bogged down in detail over house sitters.
    I'm a Forum Ambassador on The Coronavirus Boards as well as the housing, mortgages and student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • gycraig_2
    gycraig_2 Posts: 533 Forumite
    Go through court and cross your fingers is only option.
    Is it a 75 pound a month mortgage ?? Dunno if the fees are reasonable for the minders etc but they will argue you have had weeks to move your stuff out
  • Janejh
    Janejh Posts: 34 Forumite
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    Put my N244 application into the court.
    Just had a letter back saying even though possession/eviction has taken place my
    "application was Referred to a judge who has directed that my application be listed for hearing".
    I'm encouraged by the wording of the letters but not holding my breath yet.
    What I'm concerned about is that Santander have put my house up for sale already. Surely this should be put on hold while things are in dispute.
    Any advice/experience greatly received.
  • Janejh
    Janejh Posts: 34 Forumite
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    Had my day in court and ............ OMG I won!!!!!

    My N244 application had been put before Judge who directed that I be granted a hearing. I was given a date and allocated 20 minutes. I was given a glimmer of hope that a judge decided I could be heard. I arrived 30 mins early, checked in with court usher reception. Usher offered free time with a Shelter advisor which I accepted and turned out to be amazing. Explained circumstances and that eviction had already taken place. Showed her my file of papers. She said my case was exceptionally unusual and that I had a slim chance of wining. Her initial thought was to try and show that eviction order had not been served properly. She said she would go into hearing and speak on my behalf but didn't think she could say much to help. I chose to have her come in with me.
    Because I was getting advice my hearing was put back until I was ready which then meant my case was transferred to a different judge. This was a little worrying as the allocated judge had had time to read my papers. The new judge had 20 mins.
    Called at 10:50am (original time was 10am) and ended up with a very thorough 30 min hearing.
    I didn't dare hope but the judge appeared sympathetic to my case an dare I hope looking for reasons to rule in my favour. The lady from Shelter after some thought decided to go for setting aside the Repossession order instead of eviction.
    She went down the route of - if I'd attended the original Repossession hearing it would have been set aside at that time and the judge agreed. He decided he needed to adjourn and take some time to consider his decision - more waiting - but not for long - 15 mins later I was called back in and he set aside the Repossession which cancelled the eviction. He cut short Santanders pleas for an appeal and basically shut them down. I get my keys back tomorrow. I was evicted on 26th April and exactly 7 weeks later I got my home back.
    I'm still in shock but I beat Santander renowned for being ruthless.
    The lady from Shelter had a smile as big as mine and said I'd set a precedent.
    Please never be afraid to fight these big companies they thrive on the assumption that you won't fight back.
    I can't recommend Shelter highly enough. I thought they only dealt with rent arrears but that's not the case. Get as much help as possible and beat these ruthless companies. I fought and won.
    You can too.
    Thank you to everyone on here for your support, help and encouragement.
  • glosoli
    glosoli Posts: 739 Forumite
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    Congratulations!
  • minimike2
    minimike2 Posts: 2,210 Forumite
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    This is great news.

    Make sure you keep on top of things and ask for help at the first sign of trouble if anything goes wrong again in the future, even if it is just coming on here if you find it difficult to speak to anyone face to face.

    Not many reposession stories get my sympathy. This was one of the few that does. Very difficult circumstances and I think the right outcome was achieved.
  • silvercar
    silvercar Posts: 46,955 Ambassador
    Academoney Grad Name Dropper Photogenic First Anniversary
    Good news!

    I'm wondering if you can claim all the costs you have incurred back from Santandar? Given that the court have set the repossession aside, have Santandar acted unlawfully?
    I'm a Forum Ambassador on The Coronavirus Boards as well as the housing, mortgages and student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • Janejh
    Janejh Posts: 34 Forumite
    First Post First Anniversary
    Thank you all for your congratulations I couldn't have done it without help from all of you.
    Minimike2 - believe me I have learnt my lesson and I will keep s tight reign in my finances.
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