Santander/Ascent claim for possession over mortgage arrears

[Ell-enn]

Before sending the letter add this sentence at the end of the paragraph which starts with "I am able to offer £150 per month towards the arrears......... "

 

I am able to make an immediate payment of £450 and have been trying to pay since 12th January but Santander have refused to take the payment.

 

Make sure you get that letter sent tomorrow morning by Special Delivery (not Recorded Delivery) so they definitely get it on Friday.

 

Make sure you get that letter sent by special delivery tomorrow morning so they get it Friday!

[sa-ra]

Apologies for the radio silence....hope you didn't think I'd got your help and then just went away. Just had some family issues to deal with, it's been a crazy time.

 

Just to give you an update - I'm still waiting to hear back from Eversheds/Santander wether or not my offer has been accepted. Quite annoying as the not knowing is killing me but I was told yesterday that they would chase it up again and get back to me.

[Ell-enn]

They always take ages to come back to you - very annoying (and they know it!). You should keep pestering them and tell them that if you don't get confirmation of their acceptance of your offer in writing by midday on Friday you will be taking an N244 application in to the court that afternoon.

[sa-ra]

Thanks for the advice Ell-een, I will give them a call now and let them know. I think I may actually do it earlier than that though...I'm getting really nervous about this. In these cases are you able to get a hearing quite quickly?

[Ell-enn]

Have you made any payment at all ? if you have the money then tell them on the phone that if they don't take the payment from you today, you will report it to the judge at the hearing you are applying for !

[sa-ra]

Hi Ell-een,

 

No I haven't made any payment. The only reason I haven't is because I'm worried that they will reject my offer and if the worst comes to the worst I want to have as much money as possible to sort out alternative accommodation for my son and I. I now have £600 to pay off the arrears and hopefully come the day of the hearing I will have more. I'm STILL waiting to hear back re: my offer but I want to go to the court tomorrow as you advised with my N244 application. I'm just trying to sort out all the paperwork now, following your advice in the thread.

 

You've been a God-send!

[sa-ra]

Hi,

 

Just wanted to drop in and let you know I received some good news today. Santander accepted my offer and will send written confirmation that the eviction has been cancelled. I'm planning on going back to work to make sure this doesn't happen again and now that I've started saving I should have an emergency back up in case things go wrong.

 

Just wanted to thank everybody who gave me advice and even those who posted their problem. I feel like I've learned a lot about the whole eviction process. Hopefully I won't have to ever apply any of it!

 

Thanks again

[sillygirl1]

Have you contacted the court, I bet Santander will have 'forgotten' to contact them and let them know the situation - it has been known to happen....don't take any chances with them.

[sa-ra]

Really? Oh wow. Ok well I have the number for the bailiff so I will give her a call when I get in. Thanks for the heads - up!

[sillygirl1]

Don't call the bailiff, they won't answer, call the courts and also ask Santander to email you a copy of the documentation.

 

They messed me about something wicked at one time until they realised I knew about this site - kept asking me to send original letters to them when they couldn't find out who sent them - I told them I ould meet one of their reps in a local branch and they could verify they are originals and take the copies. Rep was quite nice but did try to take originals with them - I said 'you are meant to have the copies, I keep the originals thanks.'

[Ell-enn]

That's good news, glad to hear you have been spared a hearing in court and that you found this forum useful.

 

I always advise it's best to ring the court to check the eviction has been cancelled.

[sa-ra]

Ok thanks ladies. Just got home so I think it's a bit late. I will call in the morning. Eversheds are meant to send confirmation of the cancelled warrant in the post. Should I be asking for something else?

[caro]

As long as the court know the eviction has been stopped and you stick to the letter of the agreement making sure they receive payments on time, you have nothing to worry about.

[sa-ra]

Hi all, Im back for some help.

 

I posted in 2015 and received help from the lovely Ell-enn who I’m so happy to see is still active on here.

 

I’ve fallen into much larger arrears over the last 2 years due to work being slow and then having to shield during the lockdown. I’m self employed so don’t receive any income when I’m not trading. I did apply for a mortgage holiday but after it was over I couldn’t afford to make any payments.

 

I did the irresponsible thing of not keeping in contact with Santander so fast forward to now they have passed my account onto their solicitors (Ascent) and this week I received a N5 Claim form for possession of property letter from the county court.

 

The letter is a bit strange as it says “your claim will be” and then has the date crossed out with a black marker. Even stranger is the time of the hearing, 5am as according to Google the court doesn’t open until 8:30am. I’m so confused by this letter and when I contacted the court they have no record of the claim number, and were unable to find anything under my name or my address. Has anybody experienced this before? The date crossed out is Friday 3rd December which frightens the life out of me as it’s just round the corner. I’ve spoken to both Ascent and Santander and they are not aware of any court date. I’m the only one to receive a letter.

 

As of today my current arrears stand at £13,451.32 (a lot, I know!) and my regular mortgage payment is £518.24 (about to go down to around £485 as I’m switching to a lower interest rate). I made the mortgage payment on October 5th and have been paying £250 each week since then. The interest on the arrears is about £46 a month. I’m believe it will take me just over 2yrs to pay it off if I stick with that schedule.

 

In September I didn’t think it would show affordability so I chose not to complete an income and expenditure form with Santander. Not sure if that was a good idea or not but I didn’t want a deficit to make the situation worse. At the time I’m sure the lady I spoke to said that if I could make an arrangement with them it would  stop any litigation but now I’m being told that is not the case. It will only “help me”. I’m now back to trading and expect to be able to pay off a large amount after the Christmas period. My sister also offered to help me in the meantime so I contacted Santander yesterday to see how much I could pay to stop it going to court and they said only the full arrears amount could do that.

 

I received the letter from the court on Wednesday and I’ve had my cries and I’m ready to get this sorted.

 

I saw some letter templates regarding on the sticky thread and wanted some advise on which would apply to me? I was intending to use the template on page 10 and enclose pages 11 and 12 and send this to Santander. Or does it need to go to the solicitors instead? I have been advised to speak to Santander on all matters but perhaps they need a copy as well? I was also going to complete the statement on the last page and send this into the court with my N11R Defence form. Is it ok to send this in without a court date?

 

Any guidance on how I can resolve this and whether you think £250 a week would be enough considering the arrears would be helpful. That would mean I’m paying £518.24 on the mortgage and £481.60 towards the arrears each month. When the interest rate changes then it would be approx. £485 towards the mortgage and £515 towards the arrears. Is that a reasonable offer to a judge from someone with an unreliable payment history?

I’m really stressed out about this, know its completely my doing but I wouldn’t know how to explain it to my mum (who paid the deposit) on the house or my 8yr old son.

 

Also worse case scenario and I did lose the house, would I be able to get any money from the sale. I have always hoped to give my mum back her 100k if I ever sold. She doesn’t even have her own home anymore and the money would really benefit her. She is going through a stressful time with her current landlords.

 

Thanks so much for reading and sorry it got so long. I just wanted to provide as much info as possible.

[sa-ra]

Sorry I forgot to add there are 14yrs and 9 months left on the mortgage and including the arrears a total of £81,216.99 left to pay.

 

If it helps

[AndyOrch]

Is the following the same issue ?

 

Andy

[sa-ra]

Yes thats the same mortgage account.

[sa-ra]

Hi, is there anybody that can offer any advice? Thank you

[BazzaS]

Just for clarification: did it get to court in 2015, or was the court hearing cancelled?

 

(I’m trying to see if Santander ever got a possession order / suspended possession order, which might complicate the current scenario).

[sa-ra]

It was stopped before it went to court but I believe they had a suspended possession order.

 

 

[BazzaS]

How did they get a SPO without it being heard in court?

when was the SPO granted? (More or less than 6 years ago?)

Edited November 12, 2021 by BazzaS

[sa-ra]

On 12/11/2021 at 10:08, BazzaS said:

How did they get a SPO without it being heard in court?

when was the SPO granted? (More or less than 6 years ago?)

Sorry for not repponding before.

 

I'm not actually sure about that, sorry. 

 

I remember getting a letter about a court date to repossess the house. I came on here and was advised to fill out some forms which I sent to the Santander/Evershed. This was more than 6 years ago and I was told that I was given a suspended possession order and I believe it would last for 5 years. Does that sound right?

[BazzaS]

Difficult to be sure the advice is valid / useful where:

a) you aren’t updating the thread until over 2 months (almost 3 months!) later

b) you aren’t sure if it went to court or not… how else would they get a SPO?

c) are you SURE the date of the SPO was over 6 years ago?

 

The SPO doesn’t “go away”, but once 6 years has elapsed needs new permission from the court to enforce it.

CPR 83.2(3)(a)

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part-83-writs-and-warrants-general-provisions#83.2

 

If you don’t know for sure if there is a SPO how do you know the date of it! ?

who told you there was one, and how / when ??

 

Edited February 4, 2022 by BazzaS

[sa-ra]

I'm just going off when I first came on here for advice., That is when it happened and I had assistance to submit the paperwork to get it dealt with. It was January 2015.

 

I just re-read my first post...I wrote "January of 2013 a suspended order for possession was granted" and they wanted to go for an eviction in January 2015.

[AndyOrch]

Topics merged for complete history

 

Andy