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  1. Hi again. Have had report of hearing from the duty barrister with details of what was said and what we need to do ahead of the next hearing. Before we put in our fuller defence to Santander/the court, should we try to come to an agreement with them ahead of the hearing? With my husband’s pay rise and consultancy retainer we could pay the mortgage and arrears now if Santander extended our term. Given the circumstances that got us in this position, our daughter’s continued issues but the improvement in our finances, is this reasonable for us to ask for? Thanks again for all your advice thus far.
  2. 5 days before. It said on the accompanying letter to ensure it was in at least 2 days before the hearing (obvs weekend not included). Was absolutely gobsmacked that judge had assumed that no defence had been given! A&C work for Santander out of their Newcastle practice. I think they started out as estate agents, hence, I guess their rabid attempts at outright possession-no doubt they just want to get their hands on our house cheap to sell at a stonking profit for themselves. We’re down south where house prices have gone crazy.
  3. So we got the hearing adjourned. Despite handing in a VERY extensive defence pack last week with a load of attachments with our letters of proposal payments, evidence of the severity of our daughter’s illness, valuation of house, it hadn’t been passed on to the judge so he hadn’t looked at anything!! He had a flick through the copy we’d brought with us and said he couldn’t read through all of that with the time he had. Rottweiler solicitor from Aberdein Considine barefaced lied to the judge saying we’d made no contact with Santander before we’d got letters from them threatening legal action (I’ve got loads of correspondence and will ask for more phone transcripts if necessary) and that no payment proposals had been made before the date of the court claim (again a lie as I have correspondence). She said the Norgen case was no defence, that the valuation of our home/equity was meaningless and that basically we had no defence. Despite numerous assurances from Santander that they weren’t looking for repossession, solicitor asking for outright possession. Obviously the fact that would make our daughter ill again and we’d have no business is of no consequence to them. Duty barrister did a great job considering he had about 15 mins to look through our case. He passed your supplementary defence re: my husband’s pay rise and consultancy to the solicitor before the hearing but she just said they were going for outright possession. So we’ve got 28 days to prepare a full defence and will get legal representation for that. Duty barrister said to do that first and then discuss further proposals to put to Santander before the hearing. As well as a request to change the type of mortgage to interest only (7.1 of pre-action protocol?) we’ll also ask to capitalise the arrears and extend our mortgage by 5 years which would make the mortgage payments affordable. Duty solicitor did right to suggest he did all the talking as finding out that the judge hadn’t even read our defence when Santander’s solicitors seeking outright possession was such a shock and thankfully he worked that to our advantage, especially as the judge could see how copious our notes were. Otherwise it would probably have been over for us in 5 mins. My answer to no 27 on the defence form ran to 4 pages so I’m furious that it hasn’t even been looked at! So we’ve won the battle but not the war yet. The Rottweiler didn’t look at us once or try and engage in any way before or after and looked more like a bulldog sucking a wasp when our duty barrister handed her a copy of our defence pack and judge allowed an adjournment so I’m sure she’ll be out for blood now. Any further advice would be very gratefully received!
  4. Just looking up the Act. Should I include the amendment-Section 8 of the Administration of Justice Act? Would that help our case too??
  5. Thanks so much for taking the time to do this. I really appreciate it. I know I’ll probably have to bite my lip re: interrupting. I’m hoping I can keep calm and not be a sobbing mess-unless that’ll help our case My husband hasn’t had confirmation of the consultancy yet but the company seem keen to take him on so hopefully that’s imminent. Don’t think he’ll get it before the hearing though I’m hoping that as Santander’s solicitors have stated that we haven’t made any proposals of payment when we have and the fact that I have it recorded that “higher management” have refused to consider any proposals (other than full immediate payment of the arrears) the judge will instruct them to work with us to agree a payment arrangement especially given our daughter’s circumstances and the fact that taking our home from us would also end our business and I’d be unemployed
  6. That would be great-thanks so much for your help. Do you think the judge will look on our circumstances sympathetically and ask Santander to work with us to get through this? I cannot get my head around the possibility that we could be ordered out of our home considering what would happen. My husband has been talking of how we’d be better off without him. He’d been doing so much better with his mental health as things started to improve with our daughter and our finances but he’s in a really bad place atm and I need him to be strong for Monday
  7. If my husband gets the retainer we could do that but only not enough towards the arrears atm to clear it in 7 years as we just wouldn’t have enough to pay everything else until our business started paying more. Santander have told me they’re not repossessing atm (despite the possession claim) so when we tell the solicitors about my husband’s pay rise is there any possibility, given our family circumstances, that they may consider agreeing reduced payments for now or even changing our mortgage type to interest only? If they take the house, we’ll have no business either but more importantly, the ramifications with regards our daughter’s mental health are beyond serious.
  8. Hi there, husband has had pay increase confirmed which would enable us to pay arrears plus interest on mortgage balance at this point. He’s also waiting confirmation of a consultancy retainer which he may get today/tomorrow which would be another £1250 a month but obvs that’s not a certainty yet. Given that our income has now effectively doubled and will increase as we build our business back up, what do you think the chances are if judge letting us make these reduced payments while we continue to improve things when he’ll be able to see things are moving positively? If we were able to change to an interest only mortgage with sale of property as repayment vehicle as is offered to other customers, we could easily afford it going forward plus pay extra on top even if we were relying solely on his employed job. The “only” sticking point is the arrears but if they were capitalised we’d be fine. We have more than enough equity to pay it all off and buy another property (we’re in a 5 bed atm so would be looking to downsize). Santander refusing to consider this or any other proposal other than full immediate repayment of arrears and possession even though they’ve not given us a written reply to our proposals of payment and change of terms (paras 5.5 and 5.6 of pre-action protocol). Their solicitors have also said that we haven’t made any proposals and that therefore they haven’t rejected any but a member of staff at Santander told me over the phone our proposal of interest only wouldn’t be accepted having in the same conversation told me that potentially an arrangement could be agreed. Funnily enough, having asked for a copy of phone calls made (after solicitors claimed they hadn’t been able to contact us), the recording of the day I discussed a potential temporary arrangement with regards interest only-part interest/part capital that could potentially halt legal proceedings was missing from the disc and “hadn’t been able to be traced” for some reason.
  9. We’re not in the position to be able to pay the mortgage plus the arrears at the moment. Even with the pay rise my husband is hopefully going to agree, we’d only be able to do full arrears (spread over the remaining term) plus interest on the remaining mortgage or the mortgage payment plus the interest on the arrears. Once the business is back up and running and the consultancy starts to pay commissions though, we’d be able to start paying lump sums or change to paying both the full repayments and arrears. Given the amount of equity in our home though, do you think the judge might agree to our proposal of either capitalising the arrears and changing the mortgage to interest only (more than affordable and with the ability to pay extra on top) or the part repayment/part interest only option? House valued at £650-675k+, mortgage £125, arrears £100k.
  10. Bless you-that would be so helpful! Re: case precedents-no. I did look to see if there was anything but didn’t want to quote anything I wasn’t sure was relevant or correct. How would the A of J Act or Norgan case law help us?
  11. We have got copies along with other notes to refer to. We’ve also submitted a budget sheet and proposal. At present proposal is to pay the interest on the capital and arrears plus a bit over but if my husband gets his pay rise agreed tomorrow we’ll be able to offer to pay either the arrears plus interest on the mortgage balance (which I assume would be preferable as it would clear the arrears over the term) or the other way around-the monthly mortgage payment plus the interest on the arrears. Both options with the aim to pay lump sums when possible or pay the monthly mortgage payments plus arrears (capital and interest). As Santander do offer interest only/part and part we’re asking for either of these options as paying the outstanding mortgage at the end of the term would still leave us with plenty to buy another property (although, as I said, our aim would be to pay it off by then). Santander have told us they don’t offer interest only with sale of property as repayment vehicle but they absolutely do-with the proviso that there is at least £150k equity. We currently have £425-475k equity according to valuation last week. Given all of that, do you think the judge is likely to look favourably on us? We’ve been through so much as a family but to have our home taken from us now that things are finally starting to improve would absolutely destroy us
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