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Santander order for possession & eviction order - help


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Hoping for a bit of advice for a relative of mine. Sorry it's a bit of a long and frankly messy story

 

He is a joint owner of a property he used to share with his then partner.

It has a joint mortgage secured on it.

The couple split acrimoniously about 3 or 4 years ago and initially his partner lived in the house and agreed to pay the mortgage.

 

She changed her mind and decided to move away and so left the house.

My relative moved back in and took over responsibility for paying the mortgage.

 

The lender then dropped a bombshell that his ex-partner had not been paying the mortgage and there were arrears.

 

He agreed to pay them and a new DD was made about 2 years ago to cover the payment plus arrears.

 

In April last year my relative had a letter from the solicitors acting for Santander to say they were closing their file and returning administration of the account to the lender so it was thought at that stage that all was well.

He has not been able to have his ex-partners name removed from the house or mortgage as she would not agree.

 

There have been a couple of occasions over the past couple of years when the ex-partner of my relative has tried to cause other problems for him, making false statements to third parties etc, so it has continued to be quite difficult.

 

Last week my relative came home from work to find a letter pushed through his door (it was not posted) addressed to the tenant or occupier saying that the lender had obtained an Order for Possession.

 

There was also a Notice of Eviction apparently issued by the court a few day earlier with a date for eviction 3 weeks hence.

 

My relative had no warning of any court action or the issue of the Order by the Court.

He was not therefore able to defend the action.

There was not even anything sent to the address on a 'to whom it may concern' basis prior to the alleged hearing.

 

He contacted the solicitors and Santander who told him that the extra payments had stopped but neither could explain why.

 

They implied that the arrangement was only temporary for 6 or 12 months (different people have stated different time scales which raises some doubt about the statements)

and that it was his responsibility to contact them to re-institute the arrangements yet this was never made clear to him or included in any letter from either Santander or the solicitor at the time.

 

Santander also said that the warning letters etc were sent to the old address he was living at before he returned to the mortgaged property.

 

When he asked why these had been sent to an address that he had notified them was no longer his they were very cagey and made vague comments about a phone call in July saying he was no longer living at the property and that he had moved back to the previous address.

 

My relative did not make that call and he never moved out, the previous address was just a place he rented at the time he moved out of the shared home when the relationship finally broke down.

 

His view is that his ex-partner probably seized an opportunity perhaps when Santander contacted her as she is still named on the mortgage.

 

I think Santander just messed it up but either way he is now in a difficult situation that needs sorting out.

 

He spoke with the solicitors again today and offered to increase the monthly payments and they are going back to Santander to see if they will accept the offer.

 

My relative has spoken to CAB who suggested he try Shelter and/or a firm of solicitors.

The latter told him he did not qualify for legal aid so he did not take that any further.

Shelter said they would arrange a telephone call for 5th September but that sounds a long wait.

 

I believe he needs to take control of this situation and not wait for the solicitors and Santander to give him their decision.

 

I think he can apply to the Court for the Order to be withdrawn or removed but I am not sure the best way to do this.

 

I can see there is a form (N244 or something like that) but I am not sure where to start with wording the defence.

 

I have had a look at the forum but can't see where to get started.

I appreciate I may be missing the obvious so can someone give us a hand in setting the ball rolling.

 

I also think he needs to get a DPA request out to find out what exactly happened

. He can then think about a complaint or referral to the Ombudsman if the evidence suggests poor work or wrongdoing by Santander.

 

Can anyone help please?

 

Thanks

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I have had a look at the N244 and see that the fee is a whopping £255. My relative can't afford that and it looks like he is not eligible to fee remission as he earns more than £1085pm (is that net?)

Can anyone tell me that if he enters into an agreed arrangement and the date of eviction passes then the order lapses or does he need to get a commitment from the bank to not use the order. Are there any other options we should be considering

Interestingly I called at the old address and the current occupiers told me they had returned the letters as not known at the address so the bank and solicitors would have known about this before the hearing

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More research done and I have looked at MCOB, mainly 12 and 13. DPA request to get documents and then this angle can be considered

What really bothers me is that if the correspondence and court papers were returned as 'not at this address' why and how did the court issue the order? Is it invalid if the notice of court action was not served. Is the only way to get this looked at using the very costly N244

Hope someone out there can spare a little time to point me in the right direction

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