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  1. It sounds like appalling behaviour by the lender. The good news is though that it is very unlikely that your parents will lose their home. The arrears of £3500 are not huge, your parents do have a regular income and it seems they have gone to real effort to deal with them and are continuing to do so. The lender should not be refusing to enter into any kind of discussion on an arrangement. They are supposed to consider any reasonable proposal, not demand big lump sum payments at levels that suit them. what your parents should do if they haven't already is fill in and income and expenditure form to work out what they can realistically afford to pay on top of their contracted monthly payment each month and submit that as a proposal to the lender. The lender HAS to at least consider it and if they turn it down they need to say why. The very minimum is for arrears to be paid back over the remaining length of the mortgage, but should ideally be less than that if it is affordable, and if the income and expenditure form backs up the proposal then even if the lender rejects it, the chances are that a judge will not. In terms of the fees and charges, it is an idea to work out what the actual level of arrears are (as in the actual missed payments). The lender will be reluctant to give this information because they know that they are on dodgy ground, but ask them anyway and you might also be able to work these out for yourselves by looking at bank statements etc. fees and charges should be added to the mortgage balance and not the arrears balance. There are letter templates and income and expenditure forms on this forum so it's worth having a look through the threads.
  2. If you apply to the court with the proposal to offer £300 a month (which I assume is the monthly payment plus approximately £35 against the arrears) then the court would be likely to suspend possession, as this will clear the arrears within two years (I assume there is at least this long left on the mortgage?). That is IF you can demonstrate affordability, both in terms of your income going forward and that you can't afford more. In terms of the charges, the courts sadly have no say on this I don't think. You would probably need to try to reclaim them separately.
  3. The lender can say what they like at this stage, but it's not what they say that matters, it's down to the courts. They probably want to put you off going to court at all by saying it would be pointless, and either panic you into somehow getting a lump sum together or go ahead and evict without any opposition.
  4. I am not aware of any rule saying arrears have to be above £2000 for repossession. It seems very unlikely though. In any case, from what you were saying the Possession Order was granted two years ago and is suspended, so my guess is that those kind of arguments would have been more relevant at that time. Your realistic options at this stage are to decide what you are asking the court to do, and then get the N244 form in and ask for it. You can either put forward a proposal to pay off the arrears based on your Income and Expenditure, Or you need to ask the court for time to sell the house yourselves.
  5. Hi rocketsgal. Not sure if you are still following this thread? Am so sorry to hear of your situation. As has been said, you aren't paying the arrears off or the contractual monthly payment right now. The usual first option would be to offer the monthly payment plus something towards the arrears. Was this something that was agreed in the original suspended order in 2013? If you can manage this (by going through your income and expenditure and making a realistic offer) then you may be okay. If you really cannot pay even the monthly payment then your best option is probably to submit the N244 form and ask for time to sell the house yourself. Another thing that might be an option, depending on your circumstances, is the government Support for Mortgage Interest scheme, whereby the government will pay your mortgage interest if you are in receipt of certain benefits. I don't know the details of the scheme, or your details, so have no idea if you are eligible, but it's just another potential option.
  6. If the figure on the paperwork is £3746.26 the chances are that includes fees and charges. Lenders and solicitors don't tend to make the distinction until pressed into doing so. One thing you might wish to consider would be to ask for a breakdown of the arrears balance to see what the missed payments are and what the fees and charges are. Admittedly I say this as someone who never had a positive response whenever I have needed to request this information, so I simply worked it out for myself by going through bank statements etc.
  7. Hi. Personally I would advise trying to deal with the lender first. In my experience (admittedly not with Santander) I have always tried to do this. The lender may well just send you back to the lawyers but at least you tried, and that can never look bad. As has been said, sounds like you are in a relatively good position here. One thing I would say is that, although honesty is always the best policy, just saying that you are awful at keeping on top of your finances may not be wise. It might come to a stage when you need to show that you WON'T be awful at keeping on top of your finances in the future, and that you would stick to any repayment arrangement. As has been suggested though, if you clear the arrears then there is no longer a case and you can apply to have the order set aside. In which case I would suspect that the reason would be that the arrears have been cleared.
  8. But that is very true that the arrears are at a very low level for a repossession. If the appeal was made before the eviction it sounds like it would have had a good chance of success.
  9. In fairness though that is a lot of post to go missing, from the lender, solicitors and a hand delivered notice from the court. Not saying that it isn't worth trying, or that it can be proved at all that it was received, but it would be questioned.
  10. I am sure they do have to let you back in to collect belongings as it would be unreasonable not to do so, but I don't think there would be a requirement as to how many they allow in. Strictly speaking it is their property so I guess it is up to them. You could try taking another person and seeing what happens. As already suggested, nothing stopping people waiting outside. One thing I guess they are wary of is letting a big group of people in who then refuse to leave or cause some kind of trouble.
  11. My understanding is that the second lender does not have to get permission from the main mortgage lender to repossess and the process is pretty much exactly the same. However, I THINK that any money from a sale goes to the main mortgage provider first before the second lender gets anything.
  12. Wherever you got the money from is not really their concern, as long as the money is a gift, it doesn't give the person who gave it to you an interest in the property and you do not have to pay it back, which could obviously in theory affect your ability to keep up payments to the lender. You say they were awkward about your mum's money, but ultimately they took it. They can't refuse to take a payment.
  13. Yes. Will be interesting to hear their answer. They don't like handing over details of arrears and charges and tend to try to charge you for this information (by cheque, in advance!). They prefer to just take the full amount including the charges, divide it by the monthly payment amount and then claim that you are x number of months in arrears (a much higher number than the actual number of payments you have missed). Sounds worse that way. Basically the point is that you have already made a significant payment to them. That money should have paid off actual arrears, not just charges, so it could be that they are now threatening to repossess based largely on just their own charges. Don't get me wrong, I am not saying that the charges can just be ignored (although some can be challenged) but if you do have to take this to court it could be useful information to have
  14. They shouldn't take action while they are considering your proposal. I don't think they have to involve the solicitors until they get to the stage of asking for a warrant, but it is the solicitor who does that. You said in your first post that they have not been keen to accept your payment. Have they actually taken it though, and if so what arrears figure have they given to you? Given who the lender is and that it is a second mortgage, I would be very surprised if the arrears balance does not include quite a lot of charges. Do you have a breakdown of what are arrears and what are charges?
  15. One thing I would just add to this though is that, if you have not already done so, you might want to consider speaking with the lender directly rather than the solicitors. Not saying that they will definitely be any easier, but they often are, given that they can use more judgement on situations than the solicitors can
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