repossession puzzle

deadinthewater

hi everyone
have a weird one
was taken to court just after going BR in feb this year for mortgage arrears (stopped paying to get BR fees)
to cut long story very short made an offer to clear arrears which mortgage company refused but judge said it was more than adequate
any how have been making the payments every week without fail have all counter reciepts dated and signed and all monthly statements from santander.
received letter today from Hamlin solicitors and i quote
"We act for santander UK plc. mortgage payments have not been maintained and the case has been referred to us to request that the court bailiff issues a warrant to repossess the mortgaged property"
I dont understand as like i say i have made the payments without fail and never missed one this is making me ill with worry i have even payed slightly more than agreed every month.
Does this constitute harrassment and [FONT=&quot]unnecessary stress and suffering
sorry if this is wrong place to post but am really worried now due to time of year etc
any helpor advice greatly received
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Ineedaname

I don't know the answer but didn't want to read and run because you sound (understandably) very distressed by this.

All I can suggest is you could try contacting the Court to see if this new action breaches the agreement you have made...

Hopefully someone else with knowledge or experience in this area will be along soon to advise fully.

silvercar

When the repayment schedule was agreed in court, usually a suspended repossession order is granted. This means that the repo order is suspended subject to you making the agreed repayments and sticking to the plan. The downside is that, should you fail to make the agreed repayments, the lender (or their solicitors) can go straight to repossession without another court case to grant the repo.

You need to speak to the solicitors urgently and follow up in writing.

NeverAgain_2

It is likely there is a suspended repo order.

I wonder if the solicitors are unaware of it?

They've just seen the account is in arrears and churned out a standard letter.

Alternatively, I imagine there's nothing to stop the lender applying to have the order enforced, even if the agreed payments are being met.

CapJ

NeverAgain wrote: »

Alternatively, I imagine there's nothing to stop the lender applying to have the order enforced, even if the agreed payments are being met.

No. If it is a suspended order then it the order is conditional on OP not following agreed plan - i.e. if he follows it then they cannot enforce the order. Please don't give advice based on your imagination.

OP the best thing to do at this point is to write to both Santander and the solicitor, enclosing a copy of the letter, the order and copies of counter slips for the payments. State you have complied with the order. Ask for them to clarify on what basis they have started this action. Also make sure that they have not charged your for their mistake.

There is no need to write to the court yet - and it could confuse things (Hamlin's may not yet have started the process at the court). Try to fix with Santander first. If that doesn't work then consider contacting the court.

It does not constitute harassment - in all likelihood it constitutes a mistake. We all make them, as presumably you know from having gone bankrupt.

All of this assumes you have, as you have stated, been keeping to the plan which would have been to pay the instalment and the agreed portion of the arrears every month.

NeverAgain_2

...No. If it is a suspended order then it the order is conditional on OP not following agreed plan - i.e. if he follows it then they cannot enforce the order...

I said there's nothing to stop the lender applying to have the order enforced.

That application may or may not be granted.

Any loan can be called in by the lender at any time.

I don't see why a mortgage is any different.

Just because something rarely happens, it doesn't mean it cannot happen.

Lenders often make decisions which look barmy to anyone other than themselves.

CapJ

NeverAgain wrote: »

...No. If it is a suspended order then it the order is conditional on OP not following agreed plan - i.e. if he follows it then they cannot enforce the order...

I said there's nothing to stop the lender applying to have the order enforced.

That application may or may not be granted.

Any loan can be called in by the lender at any time.

I don't see why a mortgage is any different.

Just because something rarely happens, it doesn't mean it cannot happen.

Lenders often make decisions which look barmy to anyone other than themselves.

Please stop making unhelpful comments. The call in rights on mortgages have been superseded by later regulation governing the performance of lenders when managing arrears on a mortgage. They can no longer just call in loans. And there is plenty stopping them from doing so MCOB to start with.

silvercar

NeverAgain wrote: »

...No. If it is a suspended order then it the order is conditional on OP not following agreed plan - i.e. if he follows it then they cannot enforce the order...

I said there's nothing to stop the lender applying to have the order enforced.Not true, the judge has said the order can't be inforced if the OP keeps to the repayment plan.

That application may or may not be granted.It won't be.

Any loan can be called in by the lender at any time.NO, the terms and conditions of the mortgage would have to have been broken and the lender obtain a court order.

I don't see why a mortgage is any different.

Just because something rarely happens, it doesn't mean it cannot happen.

Lenders often make decisions which look barmy to anyone other than themselves.

If you don't know but are guessing it is helpful to indicate in your posts ie start your posts with "I think" or "I imagine" or "With no legal experience", then people at least know you are not basing your posts on facts.

NeverAgain_2

...I said there's nothing to stop the lender applying to have the order enforced - not true.

According to the OP, the lender has instructed solicitors to enforce the order.

...that application may or may not be granted - it won't be.

That is probably true, but accurately predicting the outcome of a court hearing is impossible.

debt_doctor

If they apply for a warrant to evict you, you will be able to apply to suspend that warrant. There will be a hearing and you would get your opportunity to show the District Judge that you did not breach the terms of the suspended possession order.

In the meantime, you should talk to the lenders solicitors.

DD

deadinthewater

hi all thanks for input quick update
spoke to solicitors today they were very abrupt and tried to make me feel small until i insisted they checked my account immediatley while i waited after about 5mins on hold a very sheepish and appologetic person came back on and agreed that ALL MY PAYMENTS WERE MADE ON TIME AND AT NO TIME WAS MY ACCOUNT IN ARREARS AND IN FACT I HAD PAID MORE THAN AGREED and couldnt understand why that letter was sent out to which i replied "but you signed it so surley you checked my account first?" no reply just kept appologising and told me to disregard the letter so i told them to do thier job properly before sending out such intimidating letters as a more fragile person could go over the edge and slamed phone down on them
sorry to rant but i hate bullies especially when their in the wrong