HL interactive/Santander

[scorpio stu]

Hi there, you should definitely attend the hearing otherwise you won't know what's being said. As for them being unable to stop it -that's rubbish - they can withdraw any time they like before the hearing date. They're making sure they get a suspended order which means that if you default on the payment arrangement they can issue a warrant for eviction without a court hearing. You should take a statement to court a week before the hearing stating that an arrangement has been agreed and therefore the hearing is not necessary - I can help you with the wording for that.

 

Sorry for sounding thick but are you saying that the suspended order will be a suspended repossesion order..If that's the case why don't they just say that ??

Okay so it will be a suspended repossesion order and as long as we make payments on time they can't reposses ?

If it didn't go to court ie Santander said they would cancel the court could they still call it a suspended reposession order if not maybe thats why it is still going to court ?

I'm getting myself confused with this now ####

Ellen, should the forms still be completed, I think they are called the N1 ?

What sort of statement and if you wouldn't mind could you possibly help with it.

Thanks again

Stuart

[Ell-enn]

Hi there, you are correct - if Santander cancelled the court hearing there would be no suspended possession order. Lenders like to get suspended orders as it gives them the right to issue an eviction warrant without going back to court.

 

I will certainly help you with the statement to go with Question 23 of the N11M defence form that you should have received with the notice of the court hearing. Have you had their acceptance of your proposal in writing? do you also have a copy of your proposal and budget sheet that was sent to them?

[scorpio stu]

Thanks,yes I have the acceptance letter and yes I have the proposal and budget sheet.

[Ell-enn]

Hi there, OK - it's not necessary for you to fill in all the N11M defence form - you can just hand a statement into court next week when they open and the judge will see it before the hearing. The court will also send a copy to the lender and you might find that after reading it they will withdraw (hopefully).

 

I will start to draft a statement for you to take to the court - I just need a little more info:

 

Is the mortgage in joint names:

Do you have any children:

Do you have a statement of the account showing arrears charges ?

[scorpio stu]

Hi again,the mortgage is in joint names,we have 3 children 8-13-17 , yes I have the statement

[Ell-enn]

Excellent - take a photocopy of the statement and circle each charge - add them up and write Total charges £XXXX at the bottom. We'll use that as part of your statement. Also take photocopies of your letter and budget sheet and also their letter of acceptance of your proposal. I'll get back to you either tonight or tomorrow with a draft statement for you to take to the court.

[scorpio stu]

We have a range of fee's as below:

 

2 x £32 = £64 unpaid direct debit fee's

4 x £40 = £160 mortgage arrears fee's

5 x £40 = £200 miscellaneous fee's

17 x £various = £699.91 just states interest and amounts from £9.45 at the start which was July 2009 up to £79.02 for November 2010

 

Very confusing

[Ell-enn]

Hi there, I have affixed your statement to take to the court. You need to fill in the info at the top where there are XXX's (remove the xx's) the info will be on the court papers. Also put your name where there are xxx's in the body of the statement. When you print it out make sure your printer is set for A4 paper (not Letter size) so it all stays on one page.

 

On the letter and budget sheet you sent - write the Claim Number on the top left hand corner and Appendix 1 on the top right hand corner. Do the same on their letter of acceptance this will be Appendix 2 and the statement showing charges will be Appendix 3.

 

 

Assemble as follows:

 

 

Statement - signed

Letter & budget sheet - Appendix 1

Letter of acceptance - Appendix 2

Statement - Appendix 3

 

 

This forms your pack to hand in to the court. Staple securely together and take a copy of it all for yourselves to refer to in the hearing.

 

 

Any questions, just shout.

 

 

Ell

Scorpio Stu statement for court.doc

[scorpio stu]

Ok.

All paperwork completed,appendix 1-2-3 done and labeled and statement done. Phew !

I just need to confirm that I don't need to fill in any of the N1 form as I haven't .

 

Court date the 19th Jan at 11am Bow county court ..I'll keep you updated and thanks for all the help.

[Ell-enn]

Hi, you don't need the N11M form - all the information needed is in your statement and appendices. Make sure you take a copy of it all for yourself so you have one to refer to in the hearing, and also ensure the pack you hand in to court is securely staples (or bound) together.

[scorpio stu]

Hi, you don't need the N11M form - all the information needed is in your statement and appendices. Make sure you take a copy of it all for yourself so you have one to refer to in the hearing, and also ensure the pack you hand in to court is securely staples (or bound) together.

 

 

All paperwork has now been handed in at the court,Wednesday 19th Jan is D day at 11am.

Got home from work yesterday and the paper work from the solicitors/Santander was there containing the statement and facts they will be using at court. It makes it all very real now and even just to go to court and hand my statement in was scary.

On one of the letters I have from Santander accepting our extra payment offer stated that they will recover the money under a suspended possesion order,does anyone know if that will be until all the arrears are paid back or for a 6-12 month period ?

 

Does anyone also know what sort of questions I should be asking there, Ellen any idea's. I don't want to come out of there thinking I wish I'd have asked that etc. Very nerve racking

[Ell-enn]

A suspended possession order will last until the arrears are paid, you can then apply to the court to have the suspension lifted - however, the lender will not usually agree straight away and will want to see a good payment record of 3 - 6 months after.

 

To be honest, there won't be much time for asking questions unfortunately. These hearings are only scheduled to last for 5-10 minutes (you will be surprised when you see how many hearings are booked in for that day!).

 

When you get to court, ask if there are any free legal advisors on duty that day - lots of courts have them now, they can be invaluable and can come into the hearing with you to support you.

 

The hearing will be held in a room where you will sit around a table (like a meeting), the public are not allowed so it will just be you, the judge and the rep for the other side (and a legal advisor if there are any). The judge will address the lender's representative first, then speak to you - do not interrupt him/her under any circumstances. Answer any questions the judge asks and you should address him/her as Sir/Madam. As the lender has already agreed to accept your proposal you will be in and out of the room in minutes. At the end you could ask the judge how long the suspended possession will be for - he may order that it expires after a certain time (don't bank on it!), but you can always ask.

[scorpio stu]

Thanks Ellen,

Do you know what happens if the bank agrees to capitalise the arears,does that mean we will officially not have any arrears so we can get the spo off our record.If the don't capitalise it and we take the next 13 years paying it off that means we will be under a spo until then !

[Ell-enn]

If they capitalise the arrears then you do not have arrears - you could apply to have the suspension lifted after say 6 months of payments under the capitalisation. Also, they would stop recording arrears on your credit file.

[scorpio stu]

can I ask the judge to get Santander to re-imburse the £1200 that we have been charged for miscellaneous fees,debt fees and interest charges (presumably on the missed payments ) ?

[Ell-enn]

The judge can't make an order for return of the fees (he may advise you to complain to the FOS) but you will have to write to the lender first and ask for them to be refunded (we have a letter for that) - they'll probably refuse but you can then ask the FOS to intervene and take up your complaint.

[scorpio stu]

Thanks could you post the letter or send me the link.

Silly question but smart casual or suit ?

[Ell-enn]

Wear whatever you are comfortable in, as long as it is smart

 

Affixed is the letter to ask for fees to be refunded

Mortgages Charges letter.doc

[scorpio stu]

Well,here we are the night before the hearing. I feel like I am getting ready for an exam !

Can't believe that I feel so nervouse , I was a special constable for a couple of years and had to go to court in uniform and didn't feel like this.

What if it goes the wrong way and the judge says to reposses as he doesn't think we can afford it ? is that possible ?

If that does happen I assume it will be a 28 day order and we have to vacate the property. What then ???

[Ell-enn]

The lender has already accepted your payment proposal, they are just looking for a suspended possession order so if you miss payments again they can apply for an eviction order. So there is no way the judge will order possession, they don't take people's homes away when they are able to make payments, and certainly not at the first time in court.

 

It will be OK, honest

[scorpio stu]

Fingers crossed then

[Ell-enn]

Looking forward to hearing your good news tomorrow

[scorpio stu]

Firstly, I must apologise for posting so late but had a family meal and it slipped my mind.

Well, Ellen you were right !

I went into a court room (more of a very large office) and there was a judge and a scribe sitting at one end at a desk then a desk in front of his and a large table that I and the Santander representative sat at. She was very polite and had come up to me in the waiting area and introduced herself and ran through the order of play and asked if I had any questions and also went through the offer that we had made of the contractual amount plus £100 per month and that we were comfortable with it.

I won't go into the long drawn out version of events even though I have started to but the end result was a suspended possession order until the arrears were paid off or they were capitalised. I was in and out within 30 minutes with a smile on my face and a cloud lifted from above me. This is the turning point in our lives now,we have been given a chance to turn thngs round and that's exactly what we are going to do.

A wise man once said

"Never, never, never give up". Winston Churchill

Thanks to everyone on this site that has helped me through this and good luck to those who are starting out.

x

[Ell-enn]

Great News! well done

[scorpio stu]

Thanks and thanks for everyones help.