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Santander Mortgage SPO - they want to evict now

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I wondered if anyone can help.

 

I have missed 3 payments on my santander mortgage.

 

I got a suspended possession order in Oct 2013 and had to pay £50 on top of the normal payment which i did

then approx 8 months later Santander said they would be willing to re-capitalise the arreras (approx £9,000) into the mortgage

and so I would have no arrears but my payments increase a bit. so I said yes.

 

Then last year we had all sorts of issues, the year from hell.

 

My father in law had what we think was a stroke or something at our house at xmas last year and my husband spent 6-7months

trying to get him re-housed to a care home and we can't look after him,

I have two kids and a full time job and so does my husband.

 

My daughter who was only 11 at the time was very sad and upset and finally last year she tried to commit suicide.

 

My husband then in Oct he went off work with stress anxiet, depression etc, he was foo work for 2 months,

he normally gets paid a healthy overtime payment and on call allowance which he didn't get while he was off work.

 

We had a problem with our roof which was leaking and had to be repaired which is why we missed the first 2 payments in Sept and Oct 2014

it cost us nearly £3,000 (our home insurance had lapsed so we weren't covered there)

and then because my husband was off work and we had less money we didn't make the 3rd payment in Jan

as we had robbed peter to pay paul fro nov and dec and had literally nothing in Jan.

 

I don't know what to do,

they are asking for all monies (£4,612) to be paid within 7 days which I cannot afford.

Mortgage is £1494 and I offered Santander an extra £65 to pay £1559 per month.

 

 

they said they would have to send it to their legal team (Eversheds) I got their latter last Saturday,

 

 

Obviously I don't want to go to court and I want to make the same offer to them but I can't face ringing them which they have asked me to do.

 

I have paid the normal payment today, and we are all back to normal finance wise, and husband is back at work.

 

 

I have extra outgoings and my daughters counsellar suggested that I enrole her in some classes to build her confidence.

but I can afford to pay what I offered above.

 

I need some help drafting something to them, I just don't know where to start!

 

Can you help?

 

Myfamily

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Hi there, I will get back to you later when I'm home from work and we can get a letter drafted. In the meantime, fill in the affixed budget sheet (it calculates automatically as you fill it in), so you can show how you are going to afford the payments going forward.


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Thanks Ell-enn,

 

I have completed the budget sheet - hope it's o.k

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Hi there, what's the 200 per month Hobbies ?

 

Also, the £12,000 arrears on the secured loan - is that also with Santander?


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sorry that was a combination of TV and broadband cost which I thought came under entertainment? which is £110 plus £50 for music lessons and £40 for drama for children..

 

No the secured loan is first plus (was in court with them in 2013 too! :-( )

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Hi ell-enn. Is what I said before about the budget sheet o.k or? Or do you need any more information?

 

Thanks.

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ON a side note

How many "Charges" have been made to the mortgage for late payments and letters etc.

 

These charges should be totted up and reclaimed, or at the very least offset against the arrears (Along with interest charged on those penaltys) as they are unlawful and unenforceable. Particulay if the recapitalisation includes previous unlawful charges.

 

I would be sending satans bank, a full subject access request.


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MyFamily my own experience would be that you do need to have the courage to ring Santander/Eversheds to explain your situation.

 

 

I can understand why you don't want to and in the past Accord's call centre have reduced me to tears with their heartless attitude. However, over the last couple of years their attitude does seem to have changed, probably, I suspect because the Financial Conduct Authority have made it clear that those in difficulty are to be helped, not made to feel like dirt! On my last two calls they have been reasonable and understanding.

 

 

You do need to have a budget sheet produced because they will probably want to go through it with you. My own view, and Ell-en may disagree as she has far more experience, is that you do need to show that you are putting your mortgage first. £110 a month for TV and broadband suggests you have every TV package under the sun and I am living proof that you can give up Sky etc. and put that towards the mortgage. :)

 

 

The one lesson I have learned is that the mortgage HAS to come first. Otherwise you end up leading a miserable life of fighting eviction over and over. I live a very frugal existence at the moment but that is how it has to be until those arrears are completely cleared. No holidays, no car, no luxuries whatsoever, because as a woman on my own I can no longer deal with the ongoing eviction threats.

 

 

I hope that helps, just my experience, but mortgage first - everything else - second! :)

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I do agree that the £110 per month for TV and broadband would be looked on as excessive and I think a judge might think you should save the cost and make a higher offer towards the arrears.


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I know it seems like a lot. But that is home phone , tv and 100gb broadband, which j must have for work. But I have called them yesterday and reduced it to about £80 but cutting some channels.

 

Can anyone help me write something please?

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Please, I really need help just putting my situation into words, I just can't face speaking them, I tried speaking to Santander before and I gave them all the fugures that I have put on my budget sheet but they still said it would go over to Eversheds, I have had dealings with Eversheds before and I can't talk to them!

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I'm at work at the moment but will try and find some time to draft the letter - are you going to change the budget sheet to show a reduction in the TV etc ? if so, will you be increasing your offer towards the arrears to £70 ?


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Affixed is a draft letter, you need to put your surname where there are XXX's, affix the budget sheet and send by special delivery (costs just over £5.00). Make sure you keep a copy of everything for yourselves. A few days after posting check the royalmail website to print off the signature receipt and keep safe with your copy of the letter in case we need it for court.

 

Do you have a receipt for the repairs to the roof?


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Hi Ell-enn - Yes I will do the budget sheet again so should I be offering £70 in total then my last offer was £65, so only £5.00 more is that right?

 

Also not sure if you realise but you don't seem to have attached anything :-)

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Oops sory there it is now - and sorry forgot to says aboutthe roof, it was a friend who did it but was off the books, so her didn't give me a receipt.

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Hi Ell-enn - Yes I will do the budget sheet again so should I be offering £70 in total then my last offer was £65, so only £5.00 more is that right?

 

Also not sure if you realise but you don't seem to have attached anything :-)

 

 

Sorry, increase your offer by the £20 you've saved on the tv package


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Hi All,

 

Well I sent my offer to Evershed last week and in the end I offered £70, only because after I made the change to the broadband I realised I had made a mistake a mistkae on a couple of my other outgoings, so changed that. but anyway, I have recieved their reply today.

 

***************************************************

 

Dear Madam

 

We acknowledge receipt of your emails dated the 24th February and the 26th February 2015, and the attached documents.

 

We can confirm that we are unable to accept your proposal to pay £70.00 each month towards the arrears, as based on the information provided, this does not appear to be affordable for you. However, we can agree an arrangement for you to pay £52.00 each month towards the arrears, in addition to your monthly instalments.

 

You will shortly receive a letter, confirming that the above arrangement has been agreed. Please note that if payments are not maintained in accordance with the terms of the arrangement, then further action may be taken.

 

Should you have any queries, do not hesitate to contact us.

 

Yours faithfully

 

Eversheds LLP

 

*************************************************

 

So to everyone here, thank you again! for all youe help and advice, hopefully this year will be better for all of us :-)

 

I feel a weight has been lifted, so I will hopefully have a relaxing weekend for once!

 

Have a great weekend all :-)

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Hi All,

 

Well I sent my offer to Evershed last week and in the end I offered £70, only because after I made the change to the broadband I realised I had made a mistake a mistkae on a couple of my other outgoings, so changed that. but anyway, I have recieved their reply today.

 

***************************************************

 

Dear Madam

 

We acknowledge receipt of your emails dated the 24th February and the 26th February 2015, and the attached documents.

 

We can confirm that we are unable to accept your proposal to pay £70.00 each month towards the arrears, as based on the information provided, this does not appear to be affordable for you. However, we can agree an arrangement for you to pay £52.00 each month towards the arrears, in addition to your monthly instalments.

 

You will shortly receive a letter, confirming that the above arrangement has been agreed. Please note that if payments are not maintained in accordance with the terms of the arrangement, then further action may be taken.

 

Should you have any queries, do not hesitate to contact us.

 

Yours faithfully

 

Eversheds LLP

 

*************************************************

 

So to everyone here, thank you again! for all youe help and advice, hopefully this year will be better for all of us :-)

 

I feel a weight has been lifted, so I will hopefully have a relaxing weekend for once!

 

Have a great weekend all :-)

 

Very good news indeed.


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Excellent :)


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Hi All,

 

Havning a panic right now, I haven't made the payment that was due for my mortgage this week. I had some serious personal issues basically to do with my husband - he withdrew all of my wages (that usually pays the mortgage) and spent it (he is a compulsive gambler) and now have no money to make this payment. I normally have full control over the bank account. I keep both cards, mine and his.

 

Last week I was at work and I asked him to pick something up for me, without thinking I gave him his card so he could pay for it, and he used it in the bookies!.

 

I have taken his card off him and cut it up - I am so angry but I don't know what to do now. I made an arrangement which I kept in Feb and March but now I have nothing to give them, I cannot even pay my other bills, such as council tax, gas, electricity etc. A friend is going to help me out with shopping for food for this month (she's coming with me and will pay) but she can't help me with this - it's too much.

 

I don't know how I can explain this to them, I feel like and idiot for trusting him. He was doing so well, I was controlling any money he had, but I let my guard down for a second and this happened, he is in GA and obviously like any addiction they have blips.

 

Like I said I have cut up his cards, he doesn't know the pin for mine so that's o.k. What can I do about Santander, I'm terrified!

 

Please help

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I don't think you have any option but to come clean and contact Santander to explain. If you don't contact them they will assume you have just defaulted on the arrangement and will more than likely apply for an eviction order.


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ok, it's obvioulsy quite embarassing, but he should be more embarassed than me I suppose. and I just need to get this sorted out. Shall I just write what I put here and ask to continue the arrangement from next month??

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Make sure you send it to the right department and by either special delivery (best idea) or recorded delivery. If you need help with the letter please let me know.


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