Suspended Repossession Set Aside - Is it possible

[sharkie]

I know that one of the rules that the lender must do is provide you with a statement of what you owe e.g. outstanding mortgage pus arrears prior to applying for repossession.

 

Is the repossession hearing allowed to take place, and, or is its outcome valid if;

 

It is proved that the account was in dispute over the balance claimed by the mortgage lender.

It is also proved that the balance was incorrect.

 

If so how hard is it to have a suspended repossession order set aside.

[caro]

Need more info. You could always try including such issues in a defence but it would be down to the judge to decide.

 

What's your current situation?

[sharkie]

We were advised on the day to just concentrate on getting the repossession suspended, with an offer of a monthly payment plan for the arrears, which we did.

 

I then got the FOS to investigate a number of problems with our mortgage including the balance, charges and interest.

 

The response from the FOS regarding the actions of the mortgage provider, and whether they had acted responsibly was as usual pretty lame, however they did agree that there were a considerable number of charges and their associated interest that needed to be refunded.

The mortgage provider also admitted that they had caused us undue stress and made a goodwill payment.

 

Therefore, if the balance was incorrect the repossession order is also incorrect, also the account was clearly in dispute and that the lender had caused undue stress.

[caro]

Are there still arrears based on the new figures?

[sharkie]

Yes

[caro]

I'm no expert but I suspect that as you defended without referring to this, that you couldn't use it as a reason to set aside.

 

I'll see if I can get some more informed advice for you.

[sharkie]

It was brought up prior to the hearing with the solicitor acting on behalf of HL Interactive, who were acting on behalf of Santander.

He was unable to get any answers as he didn't have any contact info, and his only contact at HL Interactive also had little or no info.

He went into the hearing with 2 bits of paper, one of which we had given him (our proposal), therefore our solicitor suggested we concentrate on getting the repossession suspended.

[BankFodder]

How much are the arrears?

How much were the charges? Did your refund include interest? How was it calculated?

How much was the goodwill payment - have you accepted it? Did you have to sign anything?

[caro]

You should bear in mind that the arrears are made up of missed payments, so if the balance has been reduced, it won't change the amount of payments missed/arrears.

[Lea_HTH]

If, even with all the charges removed, there were still arrears outstanding at the time the PO was granted, then there are no grounds to set it aside. If the refund of charges etc. would have meant there were no arrears, or very low arrears which would have resulted in an outcome other than an SPO, then you could apply to have the order set aside. But, given that there are still arrears, the likelihood of achieving that is slim to none.