I've just had notification of a second repo order on my house, after a many year fight. I won the last round with a walking possession order over me but still owned a house at the end of it. I did a 550 mile round trip in a day for that too. Phew.
Here is the background:
I moved someone in whilst I'm working away to afford the mortgage payments whilst I deal with the arrears repayments. They get paid on 10th of the month, leaving me around 10 days behind every month. I asked Hamilns Solicitors (Santander litigation dept) whether this was a problem as I could make it up in the interim somehow. They said it wasn't a problem at all as long as it comes around the 10th, agreement sorted.
Cut to last month. I phone up to see how I'm doing, apparently it has been returned to Santander as the arrears level has dropped low enough to be returned. Awesome! Only they did not mention the 10th of the month agreement to Santander. Instantly the 31st July came, computer says no, warrant kicks straight in, now I have a repossession order for 19th August!! Bunch of...
All this time I have complied, giving them my correspondence address and email, which they have had on file for 2 years plus. They sent the notification to my property up north, not to my correspondence address. They have done everything by email thus far, where I reply instantly…except this REALLY IMPORTANT bit. They didn't tell me any of this by email, nor pass any of this detail back to Santander. No phone call, nothing. I just got a random phone call from my very worried tenant.
Should I just tell the court all this and fight it, or am I likely to lose? can't find £1800 in 11 days - it's not possible unless you're a big bank like Santander. I've fought hammer and tooth for this for 5 years and am just getting somewhere with my debt clearance. Things are on the up apart from this. All my council tax arrears are gone after this month, leaving me better off still.
Any advice? Do I send out an N244 quick smart with all this on? Do you think a judge would give me the benefit of the doubt, seeing as its my second visit? I can't even afford to go up there and take time out from work - it might have to be a telephone hearing.