How is this Fair? Thanks Santander

alunonhisown

I ran into a lot of financial trouble about 4 years ago, I was running a tenanted pub.
I ended up going Bankrupt, July 2010, I owned my own house but as I paid £215k for it at the time of my Bankruptcy it was valued at £165k so a lot of Negative Equity.
Had my appointment with the OR and she decided that if Santander were prepared to allow us to keep paying the mortgage payments they would not take the house off us as we already has a suspended possession order from 12 months before my Bankruptcy.
The mortgage payments were £814.88 per month and as both me and my husband were lucky enough to have found work we managed to pay the Mortgage for the last 31/2 years without ever being late for a payment until January 1st this year, all because my husband got a speeding ticket and never received the Summons but was fined nearly £850 in his absence. We appealed and the Magistrates agreed to re-open the case and my hubby pleaded guilty and the fine was reduced to £155 including costs and 3 points.
Great News, but the fool forgot to pay the fine and a Bailiff called on 2nd January with a bill for £715.00. Had to pay them so we immediately called Santander and told them what happened and we would not be in a position to pay the Mortgage on 2nd but would pay it in full on the 9th, which we did.
We then had a phone call on 20th February from HL Solicitors (Acting for Santander) telling us they had applied for a Warrant to take possession of our house. On 25th a Bailiff called whilst we were in work and left a notice telling us the Warrant had been granted and the eviction would take on Tuesday 12 March.
Today, we had a letter fro OR telling us they no longer wished to have any interest in our property and they would be writing to Land Registry to this affect.
So, not a late payment in 42 months apart from one and we have 7 days left in our wonderful house.
My husband is heartbroken, and so are the kids and myself.
We have a court appointment tomorrow in front of a District Judge to see if we can get a further 28 days to vacate our house, but having spoken with Shelter last Friday they tell us there is no chance whatsoever.
So all we have struggled for and from March 12th we are practically
homeless.
Thanks Santander, we did try, honestly.
I say Santander acted rather harshly, but maybe I am wrong.
Sorry to rant but needed to share my story. :mad::mad::mad::mad::mad::mad:

wildingb

You missed one payment by 7 days and they are taking your house?

I assume you are still in negative equity, are Santander coming after you for the difference to cover the mortgage?

mjm3346

No advice I'm afraid, but 3.5 years of on time payments then 1 payment 7 days late--Shitander are !!!!ing idiots (suspect the swear filter will take that out)

alunonhisown

wildingb wrote: »

You missed one payment by 7 days and they are taking your house?

I assume you are still in negative equity, are Santander coming after you for the difference to cover the mortgage?

I did not MISS a payment I was 7 days late with a payment and I told them I would be late.
Yes, I have 7 days left in my beautiful house. How sad can that be?
We have found a house, rented, but only two bedrooms, and we currently have 4 and all en-suite.
I will never ever buy my own house again unless I win the lottery and pay cash for it.
So Sad:mad::mad::mad::mad::mad:

alunonhisown

wildingb wrote: »

You missed one payment by 7 days and they are taking your house?

I assume you are still in negative equity, are Santander coming after you for the difference to cover the mortgage?

Yes, still in negative equity.
I do not know if they will come after for the balance but how will they get it. If they do I will quit work and sign on because I intend to make it as difficult as possible for Santander.

alastairq

hi..since the mortgage on your house pre-dated your own BR, then any shortfall after re-possession& sale would fall into your BR.

However.................fly-in-the-ointment time!

If your OH did not petition BR..a different story, perhaps?.

Santander [never forgiven us for spanish armada debacle??]....will pursue, I suspect, you husband for the shortfall....?

alunonhisown

alastairq wrote: »

hi..since the mortgage on your house pre-dated your own BR, then any shortfall after re-possession& sale would fall into your BR.

However.................fly-in-the-ointment time!

If your OH did not petition BR..a different story, perhaps?.

Santander [never forgiven us for spanish armada debacle??]....will pursue, I suspect, you husband for the shortfall....?

If you are asking did my OH go through Bankruptcy yes he did, it was a joint bankruptcy.
So where we stand I have no idea.

alastairq

Hi..I presumed sort-of as you didn't mention it...

were they personal BR's, or associated with the business?

If the former, then Santander can 'do-one' for the shortfall....which becomes unsecured once the property is sold, and falls into both your BR's.


If, however, the BRs were linked directly with the pub business, then I'm on uncertain ground there

Tiddlywinks

But there was already a suspended order in place so there must have been previous substantial arrears... Santander will not want to take the risk that you are returning to old ways.

alunonhisown

Tiddlywinks wrote: »

But there was already a suspended order in place so there must have been previous substantial arrears... Santander will not want to take the risk that you are returning to old ways.

When the suspended possession order was made there were £11k arrears, last week there were £4.5k. So we have reduced it substantially in 42 months. I think so anyway, even if Santander don't.
Still Sick and Gutted

debt_doctor

Hang on a minute - why arnt you asking for another suspended possession order on terms?
Ive seen people get 3 or 4 suspended possession orders when they can afford the full contractual payment plus something off the arrears. Of course the courts lose patience in the end, but if you have been running successfully under a SPO for 3 .5 years, then I cant understand Shelters point of view.
I feel you should be applying to suspend the warrant on an N245 form on the basis of offering full contractual plus an amount off the arrears that will clear arrears over the remaining term of the mortgage as per Norgan V Cheltnam & Gloucester.

DD