How is this Fair? Thanks Santander

alunonhisown

Mouse1812 wrote: »

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


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

I have done a quick calculation...
We had £11k arrears 42 months ago, we now have less than £5k, we were ordered to pay the arrears at £100 per month on top of current payments. 42 x £100 = £4,200, we have paid almost £6k back, so we are in front are we not?
Advice.

Mouse1812

Maths looks good to me, at least £1,800 ahead - more points like that the better

sort_me_own_yard_out

I have no advice to offer you what so ever but just wish you and your family all the very best xx

hallowitch

good luck

I wish i had seen this earlier i would have sent you to

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?197-Home-Repossessions

their is a poster called ellen on this site and Ive lost count of the amount of homes she has saved from repossession

i would be finding out why you bailiff fees were £560

bailiffs fees for a magistrate court fine are £85 letter fee and £215 visit fee total£300

alunonhisown

hallowitch wrote: »

good luck

I wish i had seen this earlier i would have sent you to



their is a poster called ellen on this site and Ive lost count of the amount of homes she has saved from repossession

i would be finding out why you bailiff fees were £560

bailiffs fees for a magistrate court fine are £85 letter fee and £215 visit fee total£300

I a leaving for court in a few minutes, can I get back to you later?

hallowitch

yes of course you can

if you have 5 min before you go join site i gave a link to and post their you might get some help before you go into court

debt_doctor

A technical fault with my log in has prevented me from posting since 7 30pm last night - very frustrating, there was so much more I wanted to say.
All I can say now is good luck, I view your house as very saveable.

DD

alunonhisown

Just back from court.
I decided to apply for a new SPO, and after their solicitor said his piece I spoke up and put mine across, arguing that having paid for 42 months on the agreed dates and substantially reducing the arrears I think Santander are being seriously unfair.
She (The Judge) took some time to read a few papers and asked for the payment history off Santander solicitor and he could not give her one, she says' Pathetic' is there something you do not want me to see? Matter None,she says, as I can see from the arrears that this Mortgage has been paid and not only paid but substantially reducing the arrears.
This application she continues is ABHORRENT and a wilful waste of the Courts time and places undue duress on the Mortgagee. I have looked at the figures and you are currently paying £100 per month off the arrears well as and from April 1st I am reducing that to £70 a month, and Santander cannot ask for more, and that stands until either the arrears are clear or the Mortgage terminates.
Mrs J......... you have the courts permission to stay where you are and I am awarding you costs of £40 for the application as well.
So, I am here to stay, YIPPEE. A big thanks to all who offered me advice, especially whoever it was that mentioned Norgan v C&G as I mentioned that and the judge said she was impressed and could see that I had done my research.
A MASSIVE THANKS TO ALL WHO HAVE HELPED ME. THANK YOU FROM THE BOTTOM OF MY HEART.:T:T:T:T:T:rotfl::rotfl::rotfl::rotfl::j:j:j:j:j:j:j:j:j:j

lee111s

Wow what a result. You've got to be over the moon!

Keep up the payments and stick it to them . Even better that the court found in your favour and reduced the monthly payments amount to them!

lilybankrupt

Brilliant news! I can't believe they went for repo for the sake of one week late, and it seems the judge agreed! In fact they have lost out by taking you to court!