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Potential repossession for clerical error?? ** RESOLVED **

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Hi all

 

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.

 

Muchos gracias

 

J

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This does seem very unfair. I will find someone to help.


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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Do you have bank statements showing that you've been paying regularly on the same day of the month?

 

I definitely think it's worth the fight but strongly advise you to try and attend in person.


 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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If you have statements proving payment and that there was an agreement in place to pay on 10th of the month you should definitely attach that information on the N244. As Caro says, it would really be best to try and attend the hearing if at all possible. How much are the arrears and how much have you reduced them by since the suspended possession order ?

 

Have you spoken to the lender about this? you should put your case in writing to them as soon as possible, (send by special delivery) enclosing proof of your maintaining the payment arrangement and reducing the arrears, tell them you will be applying to the court to have the eviction stopped - hopefully they will cancel the warrant. If you need help with the letter please let me know.


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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.

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Brill, thanks guys. Yes I do have the statement which obviously looks skewed at this point in time, but only because of this. I attended in person last time but it costs me around £160 round trip to get there. My van won't make it this time either, its shagged. I will do my best and let you know how it all went.

Once again thanks, here's hoping!

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Let us know if you make contact with the lender and what they say - we can help you with the N244 submission if you need us to.


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.

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Hi guys just thought I'd report back as some may find this useful.

After a 15 minute hearing - BY PHONE - I won! The judge called off the warrant and agreed to take my payment plan just as it was before. If it ever drops, 72 hr warrant reissue - but that is't going to happen on my watch. The important thing here I think, judging by the comments, is that I won it without having to show in person. Fair enough my circumstances are unusual, but I'm very relieved. Thank you everyone for the moral support and helpful comments, much appreciated :) If I can be of help to anyone else just let me know.

Happy Monday, people!

John

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Excellent news :)


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Pleased to hear it worked out John. :)


 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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