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  • FIRST POST
    • Janejh
    • By Janejh 17th Jun 17, 2:03 PM
    • 20Posts
    • 24Thanks
    Janejh
    Santander Repossession and Eviction fees
    • #1
    • 17th Jun 17, 2:03 PM
    Santander Repossession and Eviction fees 17th Jun 17 at 2:03 PM
    Santander got a Repossession order in February 2017. In April 2017 I got home from work to find I'd been evicted and locks had been changed.
    The circumstances that led to that point are lengthy but genuine (posted elsewhere under "Santander Repossession".
    I put in application to have Repossession set aside and I won so eviction order was overturned too. The judge based his decision on that if I had attended court in February I would have been successful in winning Santanders application for possession.
    As at the date of the hearing the total amount of arrears was in the region of £2,100 however well over 50% of this is made up of eviction charges and fees.
    My question is Am I pushing my luck now trying to reclaim these charges in particular the ones from Feb 2017 when Santander first applied for passion?
Page 1
    • Moneyineptitude
    • By Moneyineptitude 17th Jun 17, 2:09 PM
    • 18,906 Posts
    • 10,122 Thanks
    Moneyineptitude
    • #2
    • 17th Jun 17, 2:09 PM
    • #2
    • 17th Jun 17, 2:09 PM
    My question is Am I pushing my luck now trying to reclaim these charges in particular the ones from Feb 2017 when Santander first applied for passion?
    Originally posted by Janejh
    You can try "pushing your luck" for "passion" ( ), but whether you'll be successful is an entirely different question.

    On what basis do you propose to demand a refund of these charges, given you continue in arrears despite not being repossessed ?
    • Geoff1963
    • By Geoff1963 17th Jun 17, 7:16 PM
    • 1,056 Posts
    • 679 Thanks
    Geoff1963
    • #3
    • 17th Jun 17, 7:16 PM
    • #3
    • 17th Jun 17, 7:16 PM
    I put in application to have Repossession set aside and I won so eviction order was overturned too. The judge based his decision on that if I had attended court in February I would have been successful in winning Santanders application for possession.
    What were the grounds for repossession, and did the ( 2nd ) judge explain how you being there would have helped ?

    The Minister of State for Justice, Sir Oliver Heald QC, told me that :
    "Interpretation of the Civil Procedure Rules (CPR), is entirely a matter for the judges. The position is that all judges must follow the law (the procedural rules) which Parliament has approved. However, the rules do not provide an absolutely rigid procedure to be followed in every case and there are elements within the procedural rules that allow judges to exercise some discretion. This is necessary because no two cases will ever be the same and trying to apply a completely rigid regime despite these differences would inevitably lead to unfairness. Judges are case managers under the CPR and their case management powers are governed mainly by rules under Part 3 of the CPR and also by the overriding objective of all rules set out in Part 1.”

    This suggests that any decision by a judge could be regarded as correct.
    Can you share your Application and the Judgment ? Might be helpful for others.

    Thanks
    • Janejh
    • By Janejh 17th Jun 17, 11:43 PM
    • 20 Posts
    • 24 Thanks
    Janejh
    • #4
    • 17th Jun 17, 11:43 PM
    • #4
    • 17th Jun 17, 11:43 PM
    Happy to share my application and judgement (when it arrives).
    I was represented at the last minute by a Shelter advisor - who was brilliant. She told me initially that I only had a very slim chance of getting anywhere because eviction had already taken place so my circumstances were exceptionally unusual. She said after I'd won that my case could set a precedent.

    Grounds for Repossession were arrears.
    2nd Judge said that it would've helped being at the first hearing because 1. The arrears were low and I could pay them in full. 2. Good equity in the property 3. Exceptional circumstances in which I got into arrears. If the first judge had know this he/she would have denied Santander their application and ruled in my favour and therefore the eviction wouldn't have taken place.

    I will post more details soon. I'm using my phone to post at the moment and it's not easy typing a lot on a mini keyboard. When I get judgement in black and white in the post I will post.
    Last edited by Janejh; 17-06-2017 at 11:45 PM. Reason: missed words
    • Janejh
    • By Janejh 22nd Jun 17, 6:59 AM
    • 20 Posts
    • 24 Thanks
    Janejh
    • #5
    • 22nd Jun 17, 6:59 AM
    • #5
    • 22nd Jun 17, 6:59 AM
    Geoff1963.

    Application was to set aside the possession order dated 21 Feb 2017 which if successful would cancel the eviction.

    I applied to have the repossession set aside and my hearing was 13th June 2017.

    The Order Reads:

    IT IS ORDERED THAT

    1. The possession order dated 21st February 2017 is set aside.
    2. The Claimant (Santander) has permission to appeal on the issue of whether an application to
    set aside made after the execution of a warrant can properly be considered to have been
    made promptly.
    3. The Claimant's (Santander) claim for possession is adjourned generally with liberty to restore.

    The permission to appeal was discussed between Santander's agent and the judge at my hearing and the judge felt that if they did appeal I was still likely to be successful.

    Initially the agent for Santander said he had been instructed to appeal if the court hearing didn't go in favour of Santander. The judge had a reasonably lengthy discussion about this with Agent and each time the agent raised a new reason for appeal the Judge gave a reason for them not being successful. The agent left the hearing a little long faced!!!

    I don't know if they will be appealing but if they do I will be ready for them. I will certainly be back in touch with the lady from Shelter who was absolutely brilliant. So if anyone out ther is being threatened by repossession please, please don't do what I did and ignore it. Get in touch with your local Shelter office and ask for help - its free too.
    Last edited by Janejh; 22-06-2017 at 7:00 AM. Reason: missing words
    • Matador777
    • By Matador777 27th Aug 17, 11:23 PM
    • 24 Posts
    • 0 Thanks
    Matador777
    • #6
    • 27th Aug 17, 11:23 PM
    • #6
    • 27th Aug 17, 11:23 PM
    Scamtander they don't lend money they advance credit, the bank doesn't own the mortgages. The mortgages are sold to private investors. Once sold the bill is paid. The borrower doesn't owe a penny.
    The bank is just a collector
    They have committed fraud. I know this sounds silly.
    You can claim back every penny you've paid to date. Solicitors barristers don't know this.
    Contact me I will show you all the proof.


    I'm the Matador777, fighting the Spanish Bull! The bull has sold his horns and on his last legs.
    Last edited by Matador777; 27-08-2017 at 11:26 PM.
    • molerat
    • By molerat 27th Aug 17, 11:29 PM
    • 17,484 Posts
    • 11,720 Thanks
    molerat
    • #7
    • 27th Aug 17, 11:29 PM
    • #7
    • 27th Aug 17, 11:29 PM
    I know this sounds silly.
    Originally posted by Matador777
    You got one bit right
    www.helpforheroes.org.uk/donations.html
    • Thrugelmir
    • By Thrugelmir 28th Aug 17, 10:39 AM
    • 56,257 Posts
    • 49,626 Thanks
    Thrugelmir
    • #8
    • 28th Aug 17, 10:39 AM
    • #8
    • 28th Aug 17, 10:39 AM
    Contact me I will show you all the proof.
    Originally posted by Matador777
    Why not show us all?
    “Opportunities come infrequently. When it rains gold, put out the bucket, not the thimble”
    ― Warren Buffett
    • BorisThomson
    • By BorisThomson 28th Aug 17, 10:59 AM
    • 542 Posts
    • 890 Thanks
    BorisThomson
    • #9
    • 28th Aug 17, 10:59 AM
    • #9
    • 28th Aug 17, 10:59 AM

    I'm the Matador777, fighting the Spanish Bull! The bull has sold his horns and on his last legs.
    Originally posted by Matador777
    The only word that matters in Matador's post!
    • Matador777
    • By Matador777 9th Sep 17, 1:51 PM
    • 24 Posts
    • 0 Thanks
    Matador777
    Skeptical individuals
    It wont let me post links or ppt screenshot. Dont make comments before seeing the evidence!
    • silvercar
    • By silvercar 9th Sep 17, 3:34 PM
    • 36,211 Posts
    • 153,074 Thanks
    silvercar
    It wont let me post links or ppt screenshot. Dont make comments before seeing the evidence!
    Originally posted by Matador777
    You can't post links directly as a new user. You can post the links with extra spaces and people will be able to work out your link.
    • Moneyineptitude
    • By Moneyineptitude 9th Sep 17, 8:59 PM
    • 18,906 Posts
    • 10,122 Thanks
    Moneyineptitude
    Dont make comments before seeing the evidence!
    Originally posted by Matador777
    Just annotate the "evidence" and post it here. No one will be clicking any links..
    • Matador777
    • By Matador777 9th Sep 17, 11:03 PM
    • 24 Posts
    • 0 Thanks
    Matador777
    Google Santander securitisation.
    Santander repossession overturned NI .
    Read the evidence then make your comments!
    • Matador777
    • By Matador777 9th Sep 17, 11:09 PM
    • 24 Posts
    • 0 Thanks
    Matador777
    When you see the evidence and are completely shocked! You'll see who's talking bull!
    What you don't know is more important than what you do know! And you know NOWT. But Im happy to help you for free!
    • Matador777
    • By Matador777 9th Sep 17, 11:17 PM
    • 24 Posts
    • 0 Thanks
    Matador777
    check out
    youtube.com/watch?v=JR_HXnAQr5Q[/url]
    • Matador777
    • By Matador777 9th Sep 17, 11:19 PM
    • 24 Posts
    • 0 Thanks
    Matador777
    youtube.com/watch?v=zlxp7CLN_sk ( hidden camera)
    FORWARD TO 14MINS 40 SECS
    • Matador777
    • By Matador777 9th Sep 17, 11:25 PM
    • 24 Posts
    • 0 Thanks
    Matador777
    Just annotate the "evidence" and post it here. No one will be clicking any links..
    Originally posted by Moneyineptitude
    Evidence Banks don't lend money they advance credit 2 different things theres no loss to the bank!
    I have a mortgage sale agreement showing mortgages sale.
    Santander listed as seller
    Transaction evidence £2.5BN Chaps transfer.
    sort codes IBAN numbers
    Evidence showing Santander is a servicer to service loans. 3rd party is mortgage trustee.
    Mortgage certificate showing 3rd party name and dates
    If you think I'm talking rubbish, ring up Santander 1st thing Monday morning and ask them to send you a copy of the original deeds, They will make excuses its been destroyed or its non retrievable.
    The originals have been sent to the 3rd party I have evidence.
    Just google RBS who were fined £4BN for MBS (mortgage backed securities) this is worse than PPI. It will hit the UK in the next few months.
    • Matador777
    • By Matador777 9th Sep 17, 11:27 PM
    • 24 Posts
    • 0 Thanks
    Matador777
    The only word that matters in Matador's post!
    Originally posted by BorisThomson
    You really have NO idea!
    • Moneyineptitude
    • By Moneyineptitude 9th Sep 17, 11:44 PM
    • 18,906 Posts
    • 10,122 Thanks
    Moneyineptitude
    I remain unconvinced
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