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  • FIRST POST
    • Janejh
    • By Janejh 1st May 17, 9:40 PM
    • 20Posts
    • 24Thanks
    Janejh
    Santander Repossession
    • #1
    • 1st May 17, 9:40 PM
    Santander Repossession 1st May 17 at 9:40 PM
    I have had a mortgage with Santander on the same property since 2006. In 2015 I got into arrears by about £1,000. Santander got a repossession order in approximately June 2015. This was suspended because I repaid my arrears in full. Over the last 18 months or so I have accrued arrears again due to several personal issues - breakdown of my long term relationship, health issues leading to surgery and the subject of harassment and intimidation by a member of staff within the DWP. Due to all this I became very low and unable to cope with spiralling finance issues. The main being mortgage arrears and not looking at all my post. Santander applied to the court and obtain a repossession order. I came home last Wednesday to find my locks change and unable to get any personal items. I hadn't received a notice of eviction. Fortunately my mum lives nearby so I had somewhere for the night. I managed to gain access to my house the next day to get some clothes and a few other possessions. Whilst at my house I thought to check a mail box I have attached to the exterior wall of my house. I looked in it and found a hand delivered letter from the court which turned out to be the notice of eviction.
    I thought this notice had to be handed to me personally or at the very least put through the letterbox in the door. FYI the letterbox in the door is fully functional.
    The agents want everything moved out the house by Friday this week.
    I want to keep my house and I am able to pay the arrears of £1.800 in full and prove my ability to sustain mortgage payments of £75 per month in the future.
    Basically have I any chance of turning this around at all and how do I go about this. Do I need to go straight to the court first or Santander? If it's the court how do word the form N244 to achieve a favourable outcome?
    Life had just started to become manageable and move forward positively and this happens. I would be very grateful for any advice.
Page 1
    • Thrugelmir
    • By Thrugelmir 1st May 17, 9:54 PM
    • 55,853 Posts
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    Thrugelmir
    • #2
    • 1st May 17, 9:54 PM
    • #2
    • 1st May 17, 9:54 PM
    Try and get an appointment with the Citizens Advice Bureau.
    "Wide diversification is only required when investors do not understand what they are doing." - Warren Buffett
    • Janejh
    • By Janejh 1st May 17, 11:00 PM
    • 20 Posts
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    Janejh
    • #3
    • 1st May 17, 11:00 PM
    • #3
    • 1st May 17, 11:00 PM
    I've already rung them. I live in a small village and the local CAB is stretched to its limits. I'm on a waiting list for a call back never mind an actual face to face. But thanks for the idea.
    • silvercar
    • By silvercar 2nd May 17, 8:07 AM
    • 36,042 Posts
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    silvercar
    • #4
    • 2nd May 17, 8:07 AM
    • #4
    • 2nd May 17, 8:07 AM
    You need to act quickly as the repossession has already occurred.

    I suggest going to the court and contacting Santander.

    Forget the details of which letter box was used, the fact is that they delivered to a letter box on the property that is there to receive mail.

    Concentrate on demonstrating that you can clear the arrears and can pay the monthly repayments going forward.

    If the monthly repayments are only £75, then £1800 of arrears is 2 years of non-payment. How did this happen and how can you ensure it won't repeat? To be in with a chance of getting it overturned, you really need to show that you won't get into arrears again.

    The court officials should help you complete the forms.
    • TrickyDicky101
    • By TrickyDicky101 2nd May 17, 8:55 AM
    • 2,792 Posts
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    TrickyDicky101
    • #5
    • 2nd May 17, 8:55 AM
    • #5
    • 2nd May 17, 8:55 AM
    What's the total mortgage outstanding?

    Do you have the £1800 immediately available to clear the arrears or do you mean you want to be on a payment plan to clear them at £75 per month (over whatever is your mortgage payment)?

    What charges/fees have been applied as a result of your arrears? It is possible this could substantially increase your outstanding mortgage debt beyond what you consider you owe (so please do check what Santander are saying you owe in total).
    • Janejh
    • By Janejh 2nd May 17, 11:41 AM
    • 20 Posts
    • 24 Thanks
    Janejh
    • #6
    • 2nd May 17, 11:41 AM
    • #6
    • 2nd May 17, 11:41 AM
    Thank you silvercar and Trickydicky101

    Silvercar - Monthly payments are £75 per month. The arrears are £1800 the majority of which are fees/charges. Although this is equivalent to 2 years payments the last payment was in fact less than a year ago.
    Arrears occurred due to myself and partner unemployed and made redundant. I was unemployed due to ill health and major surgery. Then my long term relationship ended and my partner moved out. I was signed off by my doctors as unfit for work. I applied for benefits and had about 3 months of payments made by benefits. I then became the victim of harassment and intimidation by a member of the DWP staff. This person was a woman who had a very brief (matter of weeks) liaison with my ex partner. It got to the point that I made a complaint about her. My partner and I then had to seek the help of the local police and had her served with a police Notice for harassment. Her behaviour within her job at the DWP left me in fear on renewing my benefits claim as she divulged my personal and health information to a third party. All this just snowballed and left me unable to cope and deal with financial matters.
    My partner and I attempted several reconciliations but in the end gave up because the continual contact and harassment became too much for both of us to cope with.
    I have the money to pay the £1,800 arrears plus 6 months mortgage up front. My partner and I are back together now and we are both working. He has a salary plus a small naval pension and I also have a job now too. Our combine income based on basic hours is £25,500 but my partner has regular overtime equating to another £3,500 per year giving us a total income of approximately £29,000. I know that jobs are not 100% guaranteed but we both work for stable well known companies with good prospects of being secure.

    Trickydicky101 - Mortgage outstanding is £92,000 and the house is valued in the region of £145,000.
    The £92,000 includes the arrears and charges to date.

    I have the £1,800 available immediately plus 6 months mortgage to pay upfront plus a guarantor if required.

    I have been in contact with a company online that deal with nothing but repossession cases who I am calling back later. Do you think I should engage there help is it something I could do myself? They are advising so far that it might not be worth taking the court Form N244 route but to try and negotiate with Santander first.
    My instinct is telling me to just get the N244 into court to get an emergency hearing straight away.
    • Alarae
    • By Alarae 2nd May 17, 12:07 PM
    • 280 Posts
    • 269 Thanks
    Alarae
    • #7
    • 2nd May 17, 12:07 PM
    • #7
    • 2nd May 17, 12:07 PM
    Contact Santander immediately and state you can pay off the arrears in full and your plan going doing forward.

    In a prior job, I worked in marketing repossessions (not as an Estate Agent more the person telling the EAs and solicitors what to do) and Santander was one of my clients.

    When a borrower demonstrated to a client they could clear the arrears and afford the payments going forward, then they would normally consider handing the house back because it is easier than going through with a sale. Plus it means they are treating the customer fairly by not accruing extra charges they will foot when they could instead just continue with the mortgage as before.

    Please, call them now. The quicker it is done the less work will have put into marketing it and the higher chance you have getting it back (if you can satisfy Santander re payments going forward).

    Good luck OP. From my experience the Santander team were quite rational about things given a reasonable explanation.
    • TrickyDicky101
    • By TrickyDicky101 2nd May 17, 12:46 PM
    • 2,792 Posts
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    TrickyDicky101
    • #8
    • 2nd May 17, 12:46 PM
    • #8
    • 2nd May 17, 12:46 PM
    I think talking to Santander is a good idea - you won't lose anything by doing so.

    How much longer is left on your mortgage? I presume you are paying interest-only rather than a repayment mortgage. Do you have a repayment vehicle in place to pay off the mortgage at end of term?

    Sandtander may well have concerns about how you mean to repay the mortgage debt once the mortgage reaches maturity.

    I have a deal of sympathy for you - what you have gone through really sounds unpleasant.
    • agurung
    • By agurung 2nd May 17, 5:27 PM
    • 110 Posts
    • 28 Thanks
    agurung
    • #9
    • 2nd May 17, 5:27 PM
    • #9
    • 2nd May 17, 5:27 PM
    Thank you silvercar and Trickydicky101

    Silvercar - Monthly payments are £75 per month. The arrears are £1800 the majority of which are fees/charges. Although this is equivalent to 2 years payments the last payment was in fact less than a year ago.

    Trickydicky101 - Mortgage outstanding is £92,000 and the house is valued in the region of £145,000.
    The £92,000 includes the arrears and charges to date.
    Originally posted by Janejh

    Hold on a sec...monthly mortgage payment of £75 and the outstanding balance on the mortgage is £92,000? How does that work? or have I missed something?
    • Janejh
    • By Janejh 3rd May 17, 11:04 AM
    • 20 Posts
    • 24 Thanks
    Janejh
    Santander Repossession
    Thank you Alarae.
    Your post and info really helped and me some confidence to contact Santander again.
    When I spoke to them the day after eviction they extremely unhelpful and standoffish.
    Anyway I rang again straight after I'd read your post.
    They were a lot more approachable this time.
    I explained my history and why arrears has accrued in the first place. I told them I could pay arrears immediately so didn't need a repayment plan. Also told them I could pay 6 months mortgage up front to use as a safety net but start a direct debit immediately for ongoing payments. Also gave them info on how I could sustain future payments because myself and my partner were now back in permanent employment.
    She asked me to email her details of every I'd just said setting out reasons for arrears. Once she received this she said she would talk to their solicitors this morning and then come back to me.
    i know I could still get a no but at least they are reviewing it.
    Thank you once again for your post.
    • Janejh
    • By Janejh 4th May 17, 12:04 PM
    • 20 Posts
    • 24 Thanks
    Janejh
    Santander Repossession
    Update. Santander have refused my offer. They say only options are to redeem mortgage in full or go back to court. I'm assuming court option is Form N244 to request an emergency hearing.
    I'm reasonably happy about completing the form but do indeed legal representation for the court hearing iris fairly straightforward?
    Any advice very much appreciated.
    • silvercar
    • By silvercar 4th May 17, 12:07 PM
    • 36,042 Posts
    • 152,232 Thanks
    silvercar
    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.
    • Janejh
    • By Janejh 9th May 17, 8:49 PM
    • 20 Posts
    • 24 Thanks
    Janejh
    N244 Application
    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
    • By silvercar 9th May 17, 9:50 PM
    • 36,042 Posts
    • 152,232 Thanks
    silvercar
    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.
    • gycraig
    • By gycraig 9th May 17, 10:48 PM
    • 403 Posts
    • 288 Thanks
    gycraig
    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
    • By Janejh 23rd May 17, 12:00 PM
    • 20 Posts
    • 24 Thanks
    Janejh
    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
    • By Janejh 13th Jun 17, 11:42 PM
    • 20 Posts
    • 24 Thanks
    Janejh
    I Won!!!!!
    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
    • By glosoli 13th Jun 17, 11:57 PM
    • 673 Posts
    • 387 Thanks
    glosoli
    Congratulations!
    • minimike2
    • By minimike2 14th Jun 17, 12:08 AM
    • 1,911 Posts
    • 1,409 Thanks
    minimike2
    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.
    I am a mortgage industry professional. You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice
    • silvercar
    • By silvercar 14th Jun 17, 8:24 AM
    • 36,042 Posts
    • 152,232 Thanks
    silvercar
    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?
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