How is this Fair? Thanks Santander

alunonhisown

debt_doctor wrote: »

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

I am in Court tomorrow on a form N244. Not wanting to waste more money on Solicitors we assumed as we already have a SPO we had no choice but to leave.

debt_doctor

alunonhisown wrote: »

I am in Court tomorrow on a form N244. Not wanting to waste more money on Solicitors we assumed as we already have a SPO we had no choice but to leave.

Sorry, mine was a typo, you have the correct form.
I have represented in court a few times to obtain a second, and once a 3rd SPO.
I would urge you to ask the court to consider a further suspension, putting forward your previous good payment history, and your fear of the bailiffs that caused the issue. (bit late now, but you should of told the bailiffs to get lost and paid the mortgage, but I understand the pressure they put on people). Also a financial statement showing the payments are affordable.
Are there not any free advice services in your area - although it is very late in the day?
DD

Mouse1812

Please stay tuned, DD is on the right path and I can add more to help - but domestic violence (kid’s bedtimes) ensues - will be back later (could be much later but I will be back), don’t go away this is important and we can help.

alunonhisown

Mouse1812 wrote: »

Please stay tuned, DD is on the right path and I can add more to help - but domestic violence (kid’s bedtimes) ensues - will be back later (could be much later but I will be back), don’t go away this is important and we can help.

I look forward to it, but as DD says a little late in the day. :mad:

Mouse1812

I am grateful to DD for naming Norgan V Cheltnam & Gloucester - I knew there was a case, he has saved me the trouble of Googling for it.

It’s not too late - you just need to understand the case and how it relates to your position. You need to argue that you have already demonstrated ability to repay the arrears well within the mortgage term in accordance with the Administration of Justice Act 1973.

alunonhisown

I will let you know how I got on in court when I return tomorrow.
I am seriously thinking about applying for a further SPO as suggested but may just go for a Stay of Execution on the Eviction Date.
I could really sort my life out if I was granted a further 28 days but Shelter tell me there is no way that will happen.

Mouse1812

Be positive and ignore the doom merchants.

Tell it as it is

“We got behind a few years ago since when we have been clawing our way back

One payment late by just a few days after 3.5 years

Surely it offends the administration of justice to allow repossession”

and do quote the case of Norgan V Cheltnam & Gloucester

alunonhisown

I am all of a tither now.
3 hours away from court and still have no idea what to say or even if I am allowed to speak, will I have right of audience?
Butterflies now.....

dancingfairy

Good Luck
df

Mouse1812

You will be allowed to speak - in the interest of justice you must be allowed to speak. I suspect the judge will invite you to do so, he/she will ask you questions and should be kindly towards you. Try not to worry.

Tell the judge what you want - you want to keep your home and say why (it is your family home, you have children ... the effect on you all of loosing it etc)

Tell the judge what you can do - continue paying the mortgage and arrears as you have been doing so

Refer to the Norgan principle read this, perhaps print out and take a copy of it with you

Do not worry if you don’t fully understand it all, just draw the judge's attention to it, he will understand the law.

It is worth adding that it would be in the interests of Santander to allow you to do so. Repossession would leave a shortfall which would be included in your prior bankruptcies. They would be better off if you continued to pay the mortgage.

Be clear ask that he uses his power to adjourn, stay, suspend, or postpone the date for possession - ask him to give you a chance

Good luck, will be thinking of you