Santander repo help - lost - off to the FOS?

[ikle pickle]

Hi guys could some one possibly help me with a defence against Santander?

 

Not quite sure were to start due to events going back to 2008!!

 

Ok here goes, In 2002 myself and my husband and two children moved into what we hoped would be our home for life

 

we entered into a mortgage with abbey national, now Santander.*

The purchase price was £62.950, we paid a 5% deposit and a fee that until this past week didn't actually realise what was for? the term used is ' high loan to value fee' the amount paid for this was added on to to the mortgage. I no this may sound daft, but the fee we never questioned or had explained to us by anyone. Upon signing, I think being young and excited about having our home that the fee was a standard charge when entering into a mortgage agreement.*

 

The mortgage we entered into was in my husbands name only. This was a joint decision due to only one of us being in full time employment. As I myself was a carer for my children who both have quite significant disabilities and we wanted to ensure that when we were accepted for a mortgage, we were accepted on my husbands income only and not the money the children had which was not guaranteed

 

In 2003 we borrowed a further £6,000 for a garage conversion and then in 2005 we borrowed a further 28,000 for consolidation and car, house improvements etc

 

Upon being accepted for the further money and changing the product to fixed rate for five years at 5.4% abbey did a remortgaged rather than * *as before adding a further loan amount.*

 

In 2008 my husband suffered a breakdown which resulted in a reduction in our overall income. At this point we had an excellent payment history and never missed a payment.

 

In June 2008, due to my husbands ill health I contacted abbey/Santander to explain the change in our circumstances and ask if we could change the mortgage or have a payment holiday etc to prevent any arrears building on the account

 

Due to being in a fixed rate mortgage, not due to end till 2010, we were advised that by changing the mortgage we would need to pay quite a large amount to end the agreement currently in early however they said what we could do, was change to interest only, but at the fixed rate amount. We were advised of a £75.00 admin fee, which due to our circumstances we asked if this could be added onto the mortgage? It was agreed.

 

Unfortunately, after making the agreement we started to Receive arrears letters! we contacted the lender trying to find out what was going on and found that the agreement we had made had not been put in place and the capital payments were still being charged!!

 

We thought following making contact that the matter had been resolved. However this was not the case this had huge effects on my husbands health as he felt a failure as a man and a father for not being able to support us as before.:,( finally upon raising a complaint the matter was resolved

 

What we had not realised is upon the *account being back dated the capital arrears was then applied to our capital which in turn increased our monthly payment amount! Following contacting Santander about this the matter still hasn't been resolved and I think dismissed or ignored as is still on the account!

 

Due to my husbands health not improving and an attempt at taking his life he was dismissed from his job due to being to unwell to return

 

We asked Santander if we could pay a lower amount until the payments from the social came in force. This was agreed, however we were now paying £80.00 less than we should, causing £80.00 to be added as arrears, plus £40.00 fees and interest on the arrears. *So all though we were making payments at the amount agreed our account became further in the red.

 

Just as we started to Recieve payments from the dss me and my hubby with the help of disability dynamic became self employed causing the payments to stop. We sent a letter stating a new payment amount but had no response we then following talks began making payments by providing abbey with three card payments at a time. The lady who rang us every three weeks due to absence I believe even when she had asked another member to call us, sadly didn't*

 

Guys please understand that I have bipolar and struggle terribly sometimes especially with memory, my husband had good days and bad days and the account with all the charges was passed to lit

 

We were issued with an lba, and incurred further charges of £178.00.*

 

Upon our account being transferred to hl interactive, we were contacted by a case worker stating that it was not to late to prevent repo, however Santander had stated that we had to pay £500 per month and not a penny less!!*

 

We asked if we could do a financial check as really felt this was to much!! We were told 'no!'*

 

We asked if we could pay weekly by standing order due to receiving tax credits weekly? We were told 'no!' that they did not have the man power or facilities and that we were required to pay monthly by telephoning hl and giving our bank card details!*

 

We asked if we couldn't pay them weekly could we not pay Santander instead? The answer was no!

 

We left the call agreeing to pay an amount that we new we could not afford, but if we didn't we would loose the house:,(

 

We managed to make the first payment, however due to hl passing the card details to Santander then having to wait for processing we incurred charges as went over date mortgage required!

 

The month after due to knowing that we could not pay in one lump and scared to death of hl, as well as the worry we would forget with payments needing to be made in two separate amounts, decided to pay by bank transfer to Santander. However we made an extra payment of 25.0"*

 

In December we paid a payment of £140.00 and then on the 24th December Christmas eve we Received a letter from hl telling us that they were now going to repossess our home!!:,(*

 

Being Christmas eve and in a state of panic I contacted Santander and was told that unfortunately as the account was with lit they could not help us! We contacted hl which was shut for Christmas!! We were in despair as were left at Christmas with no way of contacting anyone in the knowledge we were going to loose our home! We decided to email hl and literally beg them to keep our home!*

 

We Received a letter in the new year, much to our relief stating that following reading about our circumstances we could look to adding the arrears to the total capital and extending term etc.

 

We were relieved and thought their is a god! We responded with an email asking what the different options meant to us?

 

Seven days later after sending the request for further info we Received county court papers!!:,( we were like what?? I rang them in a state of panicked asking what an earth was going on, to be told not to worry, court would be canceled, was an over site as had missed the letter! And that he would email the case worker and get her to confirm on Monday that court would not go a head!*

 

The following day, Saturday, I looked at my emails and had an email from the case worker. The case worker stated that they would still be taking us to court and that the agreement of payment would be secured under a suspended order!!

 

On the Monday I rang and literally screamed at the case worker as this was mental torture! I asked why send a letter making such an offer and then when a request for further info asked for send court papers? Then upon contact explain an over site court will be canceled to then Receive an email stating going a head still!!

 

I was told 'mrs! Mrs! If you are not going to be quiet and listen to me!!

 

She said that the letter I Recieved would not have been sent or offered unless under a suspended order and that court was going a head and to speak to the judge!'

 

I then asked if she believed she had followed the pre action protocol and legal guidelines and I was told yes!

 

I then hung up and rang the fsa to be told that they were not following the rules and for me to go back and tell them the codes breeched and state would make a complaint! I burst in tears as was so tired couldn't take anymore and said by then it would be to late as would have took our home and all I wanted to do was give them the keys and walk away:,( I was told I mustn't as they were in the wrong .

 

So we sent another letter of complaint as well as asking them for various options re the account as well as stated a payment would make until agreement made.

 

We Recieved a response the first week in feb apologising for recent events, that they were due to admin error! That Santander are happy to accept the payments offered.(please note no payment plan had been agreed and no response to a letter sent asking all questions about options was replied to and still has not been provided)

 

1st march re issued!*

 

At this point the upset being caused to our while family caused my self and my husband to separate:,( my husband contacted them explaining the situation and asking for permition to sell the property? He was told repeatedly to speak to the judge and then just before court date canceled and told could sell property and if evidence of house on Market then no court action will take place.

 

At this point my husband was to poorly to cope and moved out of the premises, I was also to unwell, they were informed and as far as we were concerned it was over, we had lost our home. Thankfully myself and my husband have now got back together and after setting up our new home and visiting the property we found court had taken place and the judge had given an outright possession order.

 

We made the decision to request details from hl under a subject access especially as we believed they had set us up for failure. The day before the warrant was to be issued we were sent a letter that the warrant was to be suspended and as long as payments were made then they would not re issue! Bare in mind no payment plan was recieved and since the end of November all requests have been ignored! *

 

Correspondence *was recieved following complaint raised stating they believed had been handled correctly etc and that hl had made them aware that a request for data had been asked for and a £10.00 fee was required and if not Received they would reissue! We tried to contact repeatedly sent payment and went to the house to find a letter saying we had breeched the payment request set by the judge and were going to reissue the warrant without further notice! Please note no payment plan was put in place as an outright possession order.

 

I contacted them and as have escalated with the fsa the account is now on hold and an adjudicator involved. However all information requested under subject access not Received, questions sent on 3 RD jan not responded to and I believe as only on hold for another week they will re issue. The last time they sent it to the property address when in the knowledge of address for correspondence . Following last call made was told not a call centre and they are case workers and have cases! So guys if you can make head nor tale of this lot please if u can help I would be eternally appreciated

 

love ikle pickle x

[Ell-enn]

Hi there, is this a first possesson hearing ?

[citizenB]

Santander again.. this is absolutely disgraceful. Will flag this for the rest of the site team.. and try to get some help for you.

[ikle pickle]

Thank you so much :'(

We have been through H*ll and back and still going through it. I have telephoned them so many times its untrue! Whenever i ring they are either out at lunch or gone home for the day! This is at 11am 3pm and any time of day.

I called monday re subject data and all details not being provided and they had left the building, i telephoned again the day after and again not their and buisy but at the same time asked if i had called re complaint? That Santander had provided to telephone numbers for me? They were the FSA number if i wished to discuss the complaint! I Said i was calling with respect to the subject access and telephone conversations, emails, letters etc not enclosed. I was asked to hold, i thought ok, two minutes later i was met with a responce, i have just spoke to my collegue who has advised me that all documents have been sent and no other items to be sent. I said ok, can you please tell me which collegue has just advised you of that? She said just hold the line a minute. What???? I was then put through to a solicitor?

 

I have also found within details from subject access info on an indemnity insurance? I am scared i do not no what to do, whether to wait for FSA or whether to prepare for court action? The thing is i am tired again, my husband cant take anymore and i just feel it does not matter what we do now it is out of our hands and just to let go x

 

Here is a copy of questions sent to them minus personal on the 3rd Jan 2012 and still no responce recieved.

 

This is a copy of a letter sent on the 3rd Jan and still no response received!

Dear sir/madam

Please can you provide me with Santanders response to the letter forwarded by myself from the financial services authority. If you could kindly do so by the close of business tomorrow it would be great fullly appreciated.

Also following previous calls to yourselves in connection with questions raised could you please advice me of your response to the following?

1. Can you please explain why you made the decision to suspend the warrant of possession the day be for the warrant was to be sent?

2. Can you also advise me, why the letter dated the 3rd January 2012,

was only sent to

the mortgage address, when in the

knowledge that no

longer in occupancy of the property

and had provided on several

occasions the address for

corospondance to be sent to?

3. Please can you also advice me, why following numerous attempts being made by telephone and letter of communication as well as two requests for a call to be returned, have you not responded to questions asked as outlined in the letter your department Received on the 3rd January 2011 along with the 10.00 fee required for the subject data request?

4. I also would like to ask, why following your decision to suspend the possession order for the issue of warrant did you not provide myself with information outlining the payment plan you required accordance with my financial situation? That by not answering my calls, letters of contact or supplying me with full clear details of dates and payments options required preventing any further increase on the already outstanding arrears?

5. I also ask why you have sent a letter to stating your intent to re issue the warrant when already aware of the financial service authorities involvement as well as still awaiting details following subject data request, which i believe was the reason for initial decision to suspend??

6. You have also upon sending the warrent of intent letter completely ignored any requests I have made and have done so on the grounds that I have breech ed the payment plan provided by the Judge following possession proceedings? Please advise me further of this breech, as to my knowledge and talks with the court, no payment plans were put in place or would be put in place for an outright possession order granted?

You have also stated within the particulars that a field agent has been sent to myself to discuss my finances and help make an agreed agreement? Again I have not had any communications of this affect and nor prior to my vacation from the mortgaged property Received contact from any one of the sort? Again please provide further details for me.

You have also stated that you believe you have followed the guidelines for the pre action protocol as well as the office of fair trading guidelines when dealing with clients in arrears. That as part of the protocol and oft and ccs 1974 act it states that repossession is only to commenced as a last resort and that they suggest that every avenue is covered first be for initiating litigation. Please can you provide me with full details as to how you feel you have met the guidelines as well as exhausted all possibilities in connection with my account

I also would like to receive as should have already, receive detailed information to all charges applied to the arrears on the account as well as any charges fees etc or costs applied to the capital. I would like provided as set out in the guidelines full details of the arrears inclusive of breakdowns showing what the charges were for what works was carried out etc

I also would like to ask if you are going to re issue the warrant ? If so when and for what reason

I also ask how you plan to move forward with my account and what options are available? Please also see the questions asked in the letter dated the that requires a response

Ie requests for details of payment options, poss abilities of renting the property etc?

 

Will try and remove personal details from warrent letter to show you what i recieved at the empty house xx

[ikle pickle]

Here is a copy of the letter sent to the wrong address, also no payment plan in place, was outright possetion order

 

Dear Mr

 

Our Client: Santander UK pic

Mortgage Account No:

Mortgaged Property:

 

We are instructed on behalf of Santander UK pic.

 

We are informed by our client that you have failed to maintain payments in accordance with

the Possession Order made on (sep 11) County Court.

 

We are instructed that if the payment of £****is not paid by 4.00 pm on 14 January

2012, in cleared funds, we will issue a Warrant of Possession of the above property without

further notice or reference to you.

 

If you have any queries, please do not hesitate to contact the Mortgage Repossession

Department on telephone number Our opening hours are Monday to

Thursday, 8.00 am to 7.00 pm and Friday, 8.00 am to 5.15 pm.

 

If you are experiencing financial hardship, the following organisations will negotiate with your

creditors free of charge:

 

 

 

 

Yours faithfully

[ikle pickle]

This is a copy of the email received following what we were put through last christmas

Dear Mr/Mrs ,

Further to your telephone conversations with our offices today, we have reviewed your account.

We would firstly like to apologise for issuing court proceedings as this is an administration error on our part.

Furthermore, to your email below, Santander do not accept payment holidays, also after reviewing your budget form, we are happy to accept your proposal of the contractual monthly instalment plus an additional £103.00 per month off the arrears. Please can you confirm the above is correct?

Please note that if the above arrangement is defaulted on, we will be addressing this matter in front of a District Judge.

If you wish to discuss this matter any further, please do not hesitate to contact us.

Kind Regards,

Legal Assist HL Interactive

Just trying to find the letter we sent befor recieved this letter

[ikle pickle]

mortgage Account number -

 

Dear Sir/Madam

 

Thank You very much for your recent letter conserning the arrears on my Santander Mortgage. This letter was with responce to my email dated 13th January 2011. We would like to consider both suggested options shown in your letter of an agreed contractual arrangement of monthly instalments, paid for 6 months without failure on our part. Just to clarify the payments arranged will this be for the arrears only, whilst having a payment holiday from our normal monthly mortgage payments to allow us to reduce the level of arrears and then at the end of the period to arrange a future payment plan with possabilities of extending the term to reduce the monthly out lay? If you could contact me with details of payments options that could be a possability it would be very much appretiated. Both myself and my family will do what we can to rectify this situation and all being well over time start a fresh with the arrears behind us. If you could send me information on possible proposals to help us manage the arrears it would be appretiated. In the meantime we made a payment of £100.00 on the week beginning 17th January, we will continue to make weekly payments by standing order on a Wednesday until an agreement is finalised so not to increase the arrears further

Kind regards

Mr and Mrs

[ikle pickle]

Dear Sir/Madame

 

I write following a recent telephone conversation with you collegue on friday the 28th January 2010 following reciept of several letters with repossetion proceedings hearing attached.

Following contacting your self i have to say it was some what upsetting since the letter we recieved on Christmas Eve and was unable to make contact to try and rectify the situatuation to avoid court action. Upon being unable to contact you i sent an email which we recieved a very greatful responce of offer of alternate payment arrangements, possibilities to add the arrears to the mortgage, extending the mortgage term and so fourth. Following recieving the letter i sent a further corospondance to find out further details of the options you were offering to help us rectify our arrears and start a fresh once payments are up to date,

However our email was over looked and you progressed to make a court date to reposses. Upon speaking with you on friday i was advised that you were sorry and that this letter should not have been sent out and that they had not scene the email however have since found this.

 

I was advised that court proceedings would be canceled as should not have happened after recent letters of communication. I was also advised that contact would be made using our mobile number given for your referance to inform me of canceling the court action as well as discussing options to begin reducing our arrears. However today the 29th January i have recieved a letter staing quite the oposite that a suspended court possetion will take place. Please advice further as we were informed differently and have tried to organise the payment options with sadly no success. The email recived today also states that payment needs to be made by the 26th January which as you can appretiate leaves very little notice to raise funds of an unknown figure you are saying has been agreed , Obviously i hope considering no payment arrangement has been agreed, court action was supposed to be canceled and we have sent letters to try and resolve that this matter will be resolved soon as a matter of urgency. Saying a payment has to be made three days after the date mentioned is not fare i believe.

 

Following speaking with the FSA i would like to proposs an offer of payment which has not yet been resolved to prevent the arrears becoming further increased.

If i am correct after reading your letter the arrears on the account are for

, That the amount owed on the mortgage is for including the arrears

 

We would ike to offer payment of £ per month for the next 6 months. Starting from 26th Febuary as sadly as we are now passed the date shown in your letter we will be unable to meet that deadline and in order to reduce the arrears and have an opportunity to prevent any more legal letters being sent out.

We ask that due to our circumstances that we are given a payment break for 6 months from our interest payments on our mortgage enabeling us chance to clear the total arrears. That at the end of the 6months the total arrears will be cleared from our account and that a normal payment arrangement can then be made with possible extention of the term of the loan, as explained in your offer letter.

 

I will contact you tomorrow to discuss this further as well hopefully being advised finally that all court action has been stopped as should not have come into play as agreement letters had be sent requesting details of the payments for the proposals of the options you gave

kind regards

Mr and mrs

 

Please note guys we were re served again on the 1st/2ns march :'(

[dx100uk]

disgustingto the greatest degree

 

serious compensation required and a goodwill gesture payment in the £1000's too me thinks.

 

and hit hem for a reclaim of every charges they have ever levied..

 

pers i'd contact every newspaper i could and tv programme too.

 

dx

[citizenB]

So is there ongoing litigation at the moment ?

 

If so, the questions you have asked above, need to be asked via CPR18 and sent to the solicitor acting on behalf of the claimant. I will just go and check for you.

[Undercover-Elsa]

Hi Ickle Pickle,

Good grief, Santander's behaviour beggars belief. I'm so sorry you and your family have been put through this nightmare.

 

As above, it is very complex and I'm not clear on exactly what stage you are at here...is a court case still progressing or has everything been cancelled while you negotiate/wait for the FOS?

 

One thing I will say pending further info, and that is under no circumstances must you discuss this or make payment arrangements over the phone. They've amply demonstrated that the right hand doesn't know what the left hand is doing. The scenario changes with each different person you speak to and they've clearly got at cross purposes. Sad but true, you cannot trust what they say on the phone, and need a firm agreement IN WRITING for there to be any hope of sorting this out.

 

Let us know the state of play re court, and we'll help you decide the next best step based on that, plus help with any correspondence etc if you wish.

 

As Dx says, I wonder whether any of the money advice columnists would take this on. It's amazing how the banks back down if the press are involved.

 

All the very best,

 

Elsa xx

[ikle pickle]

So is there ongoing litigation at the moment ?

 

If so, the questions you have asked above, need to be asked via CPR18 and sent to the solicitor acting on behalf of the claimant. I will just go and check for you.

 

Yes their is Hun. Well the account is still with lit and Santander will not talk to me as keep telling me my account is with lit so any questions need to go to them. However lit won't talk to me!! I no at the moment my account is on hold but they have not advised me how they plan to go forward at the end of the week:(

I no they can re issue the warrant, which if they do I want to defend. From what the court has told me I'f I appeal the issue of the warrant I will be in court very quickly xx

[ikle pickle]

Hi Hun, thank you so much for coming back to me. Currently the account has been placed on hold and I believe will be on hold for a further week, may be a little less. At the moment I keep going to the other house to check they haven't under hand sent the letter again to the other house for reishument of the warrent.

The case is with an adjudicator so sat waiting at the moment. It is like being on death role!! Will they won't they! With them sending the letter below when no breech made to be quite honest I have no idea. The fso have said what do we want to come of this as already moved out and having arrears on the account the likely hood of them agreeing to change the mortgage is slim.

Ihave said that to be honest, I have no idea what they can compensate us for as no amount of compensation at this time will cover what they have put us through and really we have already lost our home! I believe that the lender has set us up for failure and that had they have managed the account correctly we would not be in this situation now! They have lost us our home caused Ill health to continue to the point were my husband is a shell of the man he was:,(

[ikle pickle]

So is there ongoing litigation at the moment ?

 

If so, the questions you have asked above, need to be asked via CPR18 and sent to the solicitor acting on behalf of the claimant. I will just go and check for you.

 

:,( I have just spoke to my husband and I think u are right they can not be allowed to do this to another family!! But at the same time the thought of going in the paper scares me to death!! but I think your right, what they have done is lower than low and they have destroyed our family. Can you or some one help me put a statement together to send to the papers? Xxx

[Lea_HTH]

I appreciate that you want to tell your whole story, but for the purpose of making a stay application (should one be necessary) providing the answers to the following questions will be more useful:

 

1. How much is the property worth?

2. How much did you borrow initially?

3. How much is outstanding on all the loans - either individually or collectively?

4. How much are the arrears - either individually or collectively?

5. Are there any other loans secured on the property?

6. Have you done an income and expenditure form? (see sticky thread at top of this forum prepared by Ell-enn).

7. How much is the current monthly instalment(s) on the mortgage and each loan - or collectively if they are joined together?

8. What is the payment you have offered towards the arrears?

9. How many years/months left on the mortgage (be accurate)?

[Lea_HTH]

Also, if you are going to post letters, it would be useful if you could put the dates in them, so that it is clear what came first. The letter above that you posted from Santander appears to make it abundantly clear that legal action will be forthcoming if the CMI plus payment towards arrears agreement is not kept to. Obviously if that letter came before you'd provided them any details, then there may be an issue - but the letter seems to indicate they are accepting an offer made by you to them...and in addition to that, clearly stating they do not offer payment holidays.

 

I just think in order to assist with whether or not they have followed protocol the actual date of the letters is crucial.

[ikle pickle]

Also, if you are going to post letters, it would be useful if you could put the dates in them, so that it is clear what came first. The letter above that you posted from Santander appears to make it abundantly clear that legal action will be forthcoming if the CMI plus payment towards arrears agreement is not kept to. Obviously if that letter came before you'd provided them any details, then

there may be an issue - but the letter seems to indicate they

are accepting an offer made by you to them...and in addition

to that, clearly stating they do not offer payment holidays.

 

I just think in order to assist with whether or not they have followed protocol the actual date of the letters is crucial.

 

Hi lea, wow! Some serious questions raised. Can I ask are you a professional? I ask as your questions raised are very much in the way of a prosecutor, ie straight to the point, figures, rather than who said what and when?

 

I understand the point you are raising entirely and will need some time to answer the questions you have raised, however some of the questions I will not be able to answer due to personal data reasons.

 

I will try and give more informative details this evening if I can x

[ikle pickle]

Hi lea, wow! Some serious questions raised. Can I ask are you a professional? I ask as your questions raised are very much in the way of a prosecutor, ie straight to the point, figures, rather than who said what and when?

 

I understand the point you are raising entirely and will need

some time to answer the questions you have raised,

however some of the questions I will not be able to answer

due to personal data reasons.

I will try and give more informative details this evening if I can x

 

Just in response to one of your questions, ie letter from Santander? The letter was sent following their error, causing unfair, Ill treatment, and distress for treatment Recieved and should not have. This letter shows admition of liability due to their wrong doing.

The letter also rightfully states no payment holidays available, and action to be taken if payment agreement not kept to. However is not a default letter, nor provides full payment agreement details with dates payments required etc how much required in total as well as how much of the payment will go towards the arrears incurred. That in reference to pre action protocol and guidelines within mcob, legal action is to be used as a last resort following all other avenues being investigated to prevent any proceedings.

 

That their letter as well as admits liability also states further action showing that unfair treatment, failure to follow guidelines, cause of poor treatment etc also shows that this a side repossetion is not a last resort more their intention.

[Ell-enn]

Without doubt Leah is the best source of advice you will get on here, given your particular situation. Try not to over complicate your answers, stick to the facts - that's how you'll get the best help.

[ikle pickle]

Without doubt Leah is the best source of advice you will get on here, given your particular situation. Try not to over complicate your answers, stick to the facts - that's how you'll get the best help.

 

Thank you ell:) xxx

[Lea_HTH]

Hi lea, wow! Some serious questions raised. Can I ask are you a professional?

 

Yes.

 

I ask as your questions raised are very much in the way of a prosecutor, ie straight to the point, figures, rather than who said what and when?

 

Defence as it happens - but a defence in a repossession case (or stay application as per your case) is useless unless the claimant's evidence is also taken into consideration. The bottom line is that when you make a stay application, the judge won't necessarily be interested in all the detail you have provided here because it doesn't get to the core of the issue, which is basically whether you can afford to pay the CMI plus something towards the arrears. If you can't, then it's going to be game over.

 

I understand the point you are raising entirely and will need some time to answer the questions you have raised, however some of the questions I will not be able to answer due to personal data reasons.

 

You are free not to answer any of the questions given, or some of them - it is entirely up to you. However, in order to assist you appropriately should you need to make a stay application, then the answers to ALL the questions will be required, as well as any additional questions that arise following further input from you.

 

Additional question:

 

How much were the arrears at the time the SPO was granted?

[Lea_HTH]

Just in response to one of your questions, ie letter from Santander? The letter was sent following their error, causing unfair, Ill treatment, and distress for treatment Recieved and should not have. This letter shows admition of liability due to their wrong doing.

 

It's an admission of an administrative error on their part, there is no reference whatsoever to liability, nor does the letter even imply liability for anything insofar as I can ascertain - unless you haven't provided the full content of the letter.

 

The letter also rightfully states no payment holidays available, and action to be taken if payment agreement not kept to. However is not a default letter, nor provides full payment agreement details with dates payments required etc how much required in total as well as how much of the payment will go towards the arrears incurred.

 

But the letter appears to be an acceptance of an offer made by YOU of CMI plus £103 towards the arrears (though it is unusual that the letter doesn't specify how much the arrears are - though of course you may have left that information out). An offer such as this would be payment on the usual date the CMI is due. The letter states £103 towards the arrears - again, it appears to be a RESPONSE to your offer, so you must have detailed what you would give them towards the arrears - if you didn't, then that may be an error on their part, but they do refer to your I&E, so clearly they've had some evidence to consider. Are you suggesting you have NEVER received a default notice due to missed mortgage payments, or simply that THIS letter is not a default notice - because it doesn't appear to pretend to be a default notice at any time - it appears to be a letter of acceptance brought about by an offer you made to them.

 

 

That in reference to pre action protocol and guidelines within mcob, legal action is to be used as a last resort following all other avenues being investigated to prevent any proceedings.

 

They appear to be giving you an opportunity to repay the arrears without court action, with an indication that should the agreement be breached, they will proceed with court action (which they obviously went ahead with). That appears to be in line with the PAP as far as I can see. Or are you saying you kept to the agreement and they issued proceedings anyway?

 

That their letter as well as admits liability also states further action showing that unfair treatment, failure to follow guidelines, cause of poor treatment etc also shows that this a side repossetion is not a last resort more their intention.

 

Where in the letter do you think they 'admit liability', and more specifically, liability for what? If this is the ONLY letter they have ever sent you regarding the arrears, you may have a point...did you receive other letters prior to this one regarding the arrears?

 

I don't actually want to get too bogged down in these issues to be perfectly frank - your time is probably better spent considering what to do IF they apply for a further warrant of execution on the possession order.

[citizenB]

Hi ickle pickle, once all the information is pulled together coherently, then as Lea and Ellen have said, you can be better advised.

 

[ikle pickle]

Yes.

 

 

 

Defence as it happens - but a defence in a repossession case (or stay application as per your case) is useless unless the claimant's evidence is also taken into consideration.

The bottom line is that when you make a stay application,

the judge won't necessarily be interested in all the detail

you have provided here because it doesn't get to the core

of the issue, which is basically whether you can afford to

pay the CMI plus something towards the arrears. If you

can't, then it's going to be game over.

 

You are free not to answer any of the questions given, or some of them - it is entirely up to you. However, in order to

assist you appropriately should you need to make a stay

application, then the answers to ALL the questions will be

required, as well as any additional questions that arise

following further input from you.

Additional question

How much were the arrears at the time the SPO was granted?

 

Hi lea:) thank you for taking your time to help me and my family. I will start working through all the questions you have raised and get as much detail as I can for you. I really do appreciate any help you can provide. Can I ask exactly what info I need to get for you so not to send info that has no ref to what we need to do? Thank you so much again x

[Lea_HTH]

Hi lea:) thank you for taking your time to help me and my family. I will start working through all the questions you have raised and get as much detail as I can for you. I really do appreciate any help you can provide. Can I ask exactly what info I need to get for you so not to send info that has no ref to what we need to do? Thank you so much again x

 

 

I have re-pasted the questions below - none of them require more than a figure or a yes/no answer (e.g. no.6). It would be useful if you could respond to them all in one response box.

 

 

1. How much is the property worth?

2. How much did you borrow initially?

3. How much is outstanding on all the loans - either individually or collectively?

4. How much are the arrears - either individually or collectively?

5. Are there any other loans secured on the property? (If yes, how much, are you in arrears, how many months left on the term).

6. Have you done an income and expenditure form? (see sticky thread at top of this forum prepared by Ell-enn).

7. How much is the current monthly instalment(s) on the mortgage and each loan - or collectively if they are joined together?

8. What is the payment you have offered towards the arrears?

9. How many years/months left on the mortgage (be accurate)?

10. How much were the arrears when the SPO was granted?

 

At the moment we don't know if Santander are going to apply for another warrant of execution - but the above information can still be used to assess whether you can afford the CMI plus an amount towards the arrears - and check whether it is an amount that would be acceptable to a court.