Jump to content


Possession order - offer to clear arrears rejected by Santander


scarlettuk
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3616 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi, and thanks in advance for what I know will be sound advice.

 

I have arrears on my mortgage with Santander of a little over £5k, until recently ignored their attempts to communicate with me, and consequently they have been awarded a possession order by the court. I suffer with anxiety and depression, which is the reason I have not dealt with this sooner, but is no excuse. I made an offer to clear the arrears to their solicitors, to which I had no acknowledgement. Having just called them, I have been informed that my offer has been rejected.

 

The woman at the solicitors has said that as I did not attend court, and as my Sky package (which includes telephone and broadband) is seen as excessive, the offer has been rejected. They would accept it if I offered that amount above my earlier offer, but that's not an option.

 

I believe I can apply to the court to have the order varied, and make a new offer. I also believe (I think) that so long as my expenditure is reasonable and the offer will clear the arrears within the term of the mortgage, which has around 20 years to run, then it should be ok and sufficient to stop the repossession. Is this right? And what do I need to do? I know I need to do something fast as the possession order expires on 7th Sept, with the solicitor instructed to issue a warrant on the 8th.

 

Many thanks

Scarlett

Link to post
Share on other sites

Hi, have you completed one of their budget sheets or the one we use on this site ?

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

I did my own and sent it to their solicitor last week. However, I will re-do using the one on here. It might show up something I'd forgotten! I'm frustrated that the woman at their solicitors said that had I gone to court, or contacted the court, they would have had to accept a reasonable offer, so long as the arrears were paid off within the term of the mortgage. I was really not in a good state to go to court though, and am just getting myself back on my feet. Time to take my head out of the sand.

 

Thanks again

Link to post
Share on other sites

Firstly, they can issue a warrant of execution on the 8th September, but they're not likely to get bailiffs in until two or three weeks later...no guarantee of course, but September is always busy as the bailiffs try to catch up with court action taken whilst the courts run slowly in August (holiday period).

 

Anyway, that aside: can you afford the current instalment plus something towards the arrears? You state the mortgage has 20 years to run, what is your offer towards the arrears? Are the arrears made up solely of missed payments, or do they include charges?

 

You need to be careful how you present income and expenditure to them - a Sky package isn't a life's necessity and it should be one of the first things to go if there are difficulties making payments for mortgages, secured loans etc. So, in theory, they haven't been unreasonable in pointing this out to you.

 

That's done in any case, so you need to concentrate on completing your stay application. You can't go for a variation of the order - the order made is a Possession Order, which isn't varied, the execution of the warrant has to be stayed. N244 (which I read you already had).

 

Ell-enn can help you write a statement, but you will need to provide details such as the amount of the arrears, the proposal to repay (case law indicates you can take up to the term of the remainder of the mortgage, but with a 20 year mortgage term and arrears of 5k, the time taken should be 'reasonable', so don't stretch it out too far, be realistic), whether there are children in the home and so on.

 

I think, if your proposal is reasonable and realistic, there's no reason why you shouldn't be able to get any warrant stayed, or dismissed. Your depression/anxiety can be stated as reasons for burying your head in the sand...the courts do understand that sometimes dealing with financial issues when you're depressed can be difficult.

Link to post
Share on other sites

Hi Lea, and thanks for your reply. Yes I can afford to pay the monthly instalment plus an amount towards the arrears. I had offered around £135 per month on top of the instalment, which would have the arrears cleared in around 3 years. I don't know whether the arrears are made up solely of missed payments, or include charges, but I assume there will be charges in there. I haven't received a copy of the order from either the solicitor or the court, and need to try and find out which court issued the order to be able to get hold of it. I need to re-do my budget to make sure that I can actually manage what I think I can. The last thing I want is for them to agree an arrangement and for me to be unable to meet it due to unforeseen bills. I will work on this over the weekend. At the minute I'm trying to support a family on only my wage, although my partner is looking for work.

 

Would it be worth a call to Santander to request a breakdown of the arrears? I appreciate that these things are better in writing, but I'm conscious of the time I have left to resolve it. I had e-mailed an offer to their solicitor 2 weeks ago, but they didn't respond. When I telephoned them a week later, and re-sent the e-mailed offer, they still didn't respond! I had to phone them again today to find out that the offer had been rejected. I wonder what they would have done if I hadn't called. It seems nobody was in a hurry to let me know what was going on. Isn't that bad practice? Or is it just the norm?

 

Anyway, I'm rambling now - apologies. I will definitely need some help with the N244, but I need to get the budget sorted first so that I can make sure my proposal is manageable and reasonable. As I have no copy of the order, I don't even know the case number. That might require another call to their solicitor to find out.

 

I need to go offline for a while now, but will be back either later this evening or tomorrow. First job on my list is the income/expenditure.

 

Thanks again

Scarlett

Link to post
Share on other sites

Sounds like you'll be fine once you sort out your I&E and ensure that it is adjusted in a way that makes them realise you can only afford X towards the arrears. So long as this amount is within the term of the loan (and you say it'll clear the arrears quite quickly), the court will see this as reasonable and will almost certainly suspend the warrant (turning your possession order into a suspended possession order). However, you do need to realise that you will need to keep to the payment proposal otherwise they will be able to ask for another warrant of execution.

Link to post
Share on other sites

Affixed is the budget sheet we normally use - it calculates automatically as you fill it in. I will help you with the N244, but I am going away for a few days next week so we'd either have to get it done by Sunday night or it will have to be next Friday. However, if they're not requesting a warrant until the 8th, you won't get it for around a week (or probably longer) and the eviction date would be approx10-14 days after that (but again could be 21 or 28 days). If you wait until you receive the eviction warrant the fee for the N244 is £40.00, if you put it in before then it will be £80.00.

Budget Sheet.xls

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

Hello again, and thanks for your support so far. I've managed to do some budget tweaking and have made an offer that has been accepted, first payment made today, so the immediate heat is off. I'm waiting for confirmation in the post now, but feel a little more settled. Obviously, things could change if unexpected bills crop up, but I know that if I see that coming I still have the option to go to court. I've taken this course as I'd rather the money that would be used as court fee be paid to the mortgage arrears, and I don't think my nerves could stand the additional stress of court. If anything, I think I've just bought some time.

 

Thanks again

Scarlett

Link to post
Share on other sites

Thats fairly good news Scarlett. . .

 

Hopefully they will also stick to the repayment plan and not ask for more later. . .

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...