Santander Mortgage SPO - they want to evict now

[Myfamily]

Thanks Ell- Enn, If you have time I really could do with some help please!

[Ell-enn]

If you'd like to draft up something I'll take a look and advise.

[Myfamily]

O.k. Ell-enn - Do you think this is o.k.?

 

 

 

Dear Sir or Madam,

 

Following on from my e-mails of 24th and 26th february and your reply of 27th Feb.

 

We have had further problems to advise you of and to ask for your assistance.

 

I have been unable to make the required payment that was due on 18th April.

 

I had some serious personal issues to do with my husband, he is a compulsive Gambler. I normally keep full control over our account, but it is a joint account to which he has a card in his name, last week I had to give him this card in order for him to pick something up for me as I was at work and could not get there. He then proceeded to withdraw any money that was in our account lost it gambling.

 

I now have no money in my account at all, I have been unable to make this payment and also won't be able to pay any other bills that are due either. I have had to look to a friend who is kindly buying me a months food shopping to get us through .

 

I have now had to take my husbands bank card and cut it up meaning that he will have no access at all to our account, so this will not happen again.

 

My husband is in GA and obviously like any addiction they can re-lapse, this is the first re-lapse he has had for approx 4 years and I believe its due to the stress he has been and continues to be under as explained in my last communciation.

 

I have now taken the necessary precauitions so that my mortgage payment will not be missed again so we respectfully request that you re-set the arrangement for the normal monthy payment plus £52.00 for the arrears.

 

We are sure you will be aware that in any claim for possession, lenders will be required to prove that they have considered all possible alternatives to possession in accordance with the Mortgage Conduct of Business rules.

 

We trust you will be able to respond positively to our request for help and look forward to receiving your written acceptance of the above proposal. How you respond to our request will, of course, be reported to the court in defence of any further action taken by yourselves.

 

your sincerely

 

My family

[Ell-enn]

Hi, just a couple of suggestions:

 

Dear Sir or Madam,

 

Following on from my e-mails of 24th and 26th February and your reply of 27th Feb.

 

I am writing to advise you of a problem that has unexpectedly arisen and to ask for your assistance.

 

As you will note - payments have been made in February and March in line with our agreement . However, we are unable to make payment in April due to the following:

 

My husband is a compulsive Gambler who is in the process of overcoming his addition with the help of Gamblers Anonymous and until now has been extremely successful. I normally keep full control over our account, but it is a joint account to which he has a card in his name, last week I had to give him this card in order for him to pick something up for me as I was at work and could not get there. He then proceeded to withdraw any money that was in our account and lost it gambling.

 

I now have no money in my account at all, I have been unable to make this month's payment and also won't be able to pay any other bills that are due either. I have had to look to a friend who is kindly buying me a months food shopping to get us through .

 

I have now had to take my husbands bank card and cut it up meaning that he will have no access at all to our account, so this will not happen again.

 

My husband is in GA and obviously like any addiction they can re-lapse, this is the first re-lapse he has had for approx 4 years and I believe its due to the stress he has been and continues to be under as explained in my last communication.

 

I have now taken the necessary precautions so that my mortgage payment will not be missed again so we respectfully request that you re-set the arrangement for the normal monthy payment plus £52.00 for the arrears.

 

We are sure you will be aware that in any claim for possession, lenders will be required to prove that they have considered all possible alternatives to possession in accordance with the mortgage Conduct of Business rules.

 

We trust you will be able to respond positively to our request for help and look forward to receiving your written acceptance of the above proposal. How you respond to our request will, of course, be reported to the court in defence of any further action taken by yourselves.

 

We assure you that we are committed to reducing the arrears and look forward to receiving your positive response.

 

your sincerely

 

My family

[Myfamily]

Thanks Ell-enn,

 

As usual you are the best! I will send that off today and just hope for the best.

 

Thank you so much your help

[Ell-enn]

What date are your payments due each month ?

[Myfamily]

the 18th of the month

[Ell-enn]

OK. Hopefully, by the time they digest your letter you will be almost ready to make the May payment. Do you get paid at the end of the month?

[Myfamily]

no i get paid mid month, I had just been paid when he took it!

[Ell-enn]

OK, I was just thinking if you got paid at the end of April you could make the payment and it would still show as made in the month (albeit late). Does your husband work? if so when does he get paid ?

[Myfamily]

He gets paid at the end but I am the main earner and his wages go towards our secured loan, and his child maintenance to his ex wife.

[Myfamily]

Hi All,

 

Finally got a reponse from Evershed but not sure what to do, see below.

 

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

 

We write in reference to your email below.

 

Please contact us on 02920 477303 Monday-Friday 9am – 5pm to discuss April’s shortfall as we will not be able to agree to anything until this is discussed with you.

 

If no response has been received within 7 days from the date of this email our Client may instruct us to take further action.

 

Yours faithfully,

 

Eversheds LLP.

 

 

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

 

I'm not too keen to speak to them as I find that they are very intense on the phone and I don't fancy getting interrogated, I feel embrassed enough as it is over my husbands actions, but I will always stick by him (maybe I'm crazy), Just don't what they want to discuss , I gave them all the information - very personal stuff.

 

Any advice please

 

Myfamily

[Ell-enn]

Might be best to bite the bullet and give them a call - if at any time you feel under pressure just say you can't continue with the call as you feel pressured and you will write to them.

 

I always recommend filling in a budget sheet before speaking to any lender, just in case they ask about your outgoings etc - if you are prepared you won't get flustered. Do you have a budget sheet ?

[Myfamily]

Thanks Ell-enn, I still have the budget sheet you gave me before , nothing has changed so I'll get that printed off so i have it in front of me.

 

They just make me nervous, just don't know what there is to discuss! I explained everything - it's been such a stressful few years, I need a break!

 

I will gather my thoughts and give them a ring in the morning - too busy with work today.

 

Thanks Again Ell-enn

[Ell-enn]

No problem, let us know what they say and we'll deal with it from there.

[Myfamily]

Hi All,

 

Well I bit the bullet and just got off the phone with them, luckily spoke to a nice lady who initally asked me if I could make up Aprils shortfall now, I explained that I couldn't which is what I explained in the letter. She looked at the letter again and just said "ah yes, he has a bit of a gambling problem" I said "yes, but was doing so well, and I think all the stress recenlty has kind of pushed him over the edge"

 

She was quite sympathetic and said that they need to make sure that I can manage going forward, I told her that why I have destroyed his cards and I give him basically pocket money to get to work etc, also that I have called my tv/broadband provider and cut my services by approx £25 per month, so I am willing to increase my offer towards the arrears to £70.

 

She said that she will amend my budget plan to reflect that change and confirm in a letter to me.

 

I am relieved, now I just need to make sure this doesn't happen again!

 

Thanks Ell-enn for your advice again.

[Ell-enn]

Well done for being so brave - glad you managed to get an arrangement in place.

[Kate222]

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.

 

 

Hi, could you explain how to get the 'charges' for late payments offset against arrears? having real difficulties with with Santander and any advice welcome

[Ell-enn]

Charges are added to the outstanding balance of the mortgage - arrears are missed contractual monthly payments. Lenders will not (nor are they required to) use refunded charges to clear arrears, they will just remove them from the outstanding balance - the arrears will still be there.

 

I.e. outstanding mortgage £100,000 + charges £500 = £100,500 add arrears (missed payments) i.e. £600 - £101,100

If you reclaim the charges they will deduct the £500, still leaving the arrears of £600

[andrew1]

Ell-enn, Myfamily, I've just read your thread and one thing that concerns me and something that will need to be checked are the Eversheds costs Santander might be charging you on your mortgage.

 

Take a look at your end of year statements and see if there are any 'solicitor' or 'third party costs' being added to your capital balance.

 

The problem with getting annual mortgage statements is that you don't see what charges are added for anything up to a year later and interest is being added all the time.

 

The work Eversheds do for Santander is billed by Eversheds and sent to Santander at the end of each month.

 

Santander then add that Eversheds invoice value + VAT to your mortgage account almost immediately they get it and interest charged at your Mortgage interest rate. You won't see it until the end of December or January the next year in your Annual Mortgage Statement.

 

Santander justify this by referring to your Mortgage Terms and Conditions stating that they have a right to charge you for collection.

 

What you need to do is write to Santander and ask them for a full breakdown of any 'third party costs' being added to your mortgage. They are like a taxi meter running the way they charge.

 

Eversheds are not cheap, they are a huge firm of solicitors and what has happened to you should really be something Santander could handle in-house within their own collections team and not cost you other than basic admin costs.

 

I would ask Santander for a complete and full breakdown of any charges applied to your account as Eversheds costs run very high by comparison.

 

I have personally found this myself and I issued a DSAR on Santander back in 2008 and another in 2010 and what I didn't know until recently was that Santander passed this DSAR through Eversheds to review and redact data they didn't want me to see as I was contesting a few things.

 

Eversheds billed Santander for reviewing the data which they were quite entitled to charge Santander of course for their services, but these charges were automatically added to my mortgage balance by Santander without them being removed from the litigation costs being charged - I paid over £1000 for a DSAR.

 

I had paid my £10 for the DSAR - a Maximum Statutory fee of £10 only can be charged which then accrued Compound interest, but this was being added.

 

It is apparent as this happened in 2008 and again in 2010 that Santander have no facility within its Accounting function to split out and reconcile unrecoverable charges from legitimate litigation costs, such as a DSAR request which Santander felt needed scrutinising by Eversheds first before sending out to me. A process which should have cost me just £10.

 

That is disgraceful and I would suggest anyone in contact with Eversheds via Santander or any other litigation Firm you've experienced that Santander use, take a very close look at their mortgage statements and get the costs break down back-up.

 

I am currently negotiating getting those charges back, but how many others have been landed with those unlawful hidden costs?

 

The ICO said these charges were 'reprehensible'! - says it all doesn't it?

 

Check it.

 

Andrew1

[Myfamily]

Hi All, well here I am again.

 

I just received a letter from Eversheds they are saying that I have defaulted on my arrangment which I admit I did miss a payment, but this was back in Nov! I admit I did not call them to let them know - I figured that I would get a letter from santander and hopefully deal with it then. I got no letter so thought that they have obviously not noticed so carried on the following months, paid december, jan 2016 and feb 2016. I have now got this letter saying want me to bring it up to date within 7 days or they will apply to evict. I dont know what to do. are they abit late in requesting this as it was 3 months ago? I don't know where to start!

[Ell-enn]

Might be an idea to ring them and explain the reason for missing the payment - you have managed to negotiate with them before.

 

As you already know, ignoring the issue will most likely result in them issuing an eviction notice

[Myfamily]

Hello all,

 

Well I wrote an e-mail to Eversheds and explained what happened, I also explained that my husband in on anti depressants for depression and anxiety,

 

they have now asked me to complete and I and E forma although I told them that nothing had changed since the last one excpet for a £30 saving each month in my tv and broadband deal which i offered to them to pay off arrears.

 

they have also asked for medical documentation for my husband, I have no such letter, I go and collect order and pick up his prescribtion each month but only because he works long hours so never here when the doctros is open, so I won't be able to ask them for a letter as I am not the patient, would a copy of his prescribtion do?

 

also they have asked for this within 7 days but not i don't have a copy of his last prescription which I picked up 8 days ago so will need to wait for the next one in 20 days.

 

Not sure what to do??

Edited March 8, 2016 by honeybee13
Paras.

[honeybee13]

Hello all,

 

Well I wrote an e-mail to Eversheds and explained what happened, I also explained that my husband in on anti depressants for depression and anxiety,

 

they have now asked me to complete and I and E forma although I told them that nothing had changed since the last one excpet for a £30 saving each month in my tv and broadband deal which i offered to them to pay off arrears.

 

they have also asked for medical documentation for my husband, I have no such letter, I go and collect order and pick up his prescribtion each month but only because he works long hours so never here when the doctros is open, so I won't be able to ask them for a letter as I am not the patient, would a copy of his prescribtion do?

 

also they have asked for this within 7 days but not i don't have a copy of his last prescription which I picked up 8 days ago so will need to wait for the next one in 20 days.

 

Not sure what to do??

 

Hello there.

 

I expect Ell-enn will be along later, she knows more than I do. Would it be possible to get a letter from your OH's GP to explain his condition?

 

HB

[caro]

Your OH could write to the doctor or email asking for a letter about his illness although as you've resumed payments they'd be hard pushed to get eviction.

 

Do the budget sheet and send a letter offering the extra £30 if you can definitely afford it. It will prove to a judge that you're dealing with it and getting the problem sorted.