Santander / Charges / Waiting to complete / Litigation / Eversheds / Litigation fees

[alib42]

Hi please can someone help me.

 

I was awarded a suspended eviction order on 9th November 2009. Whereby the judge ordered if I had to go again I had to go before him and He would basically chuck us out (due to me being there previously)

 

That was dated until November 2010 - Will this be relevent now.

 

Mortgage is with Santander.

 

I have fell behind a few times since just before xmas, but ALWAYS made it up.

 

I am up to date with my payments. And dont owe anything til end of September. My arrears currently stand at £856.71

 

I have been away on holiday, and come back to a Warrent for the possession of property.

 

Eviction will take place at 28th August at 10.20am.

 

Santander, phoned me in on 20th July - My payments where up to date. Requested I went through a income expenditure with them - right there and then on the phone. I was at work and requested they put the forms in the post. I promptly filled them in and posted them back. Santander say today that because they didnt get them & I defaulted on court agreement they either want the Full £856.71 or the House.

 

Please help me

 

Please help 1 small child and a pretend teenager. Reading through some of the other threads, people have been evicted for being up to date. Really starting to panic

 

Forgot to say I do work, and can pay the mortgage. Just messed my money up a few times this year. But It was payed as soon as, And I am up to date

[BornThisWay]

I simply don't understand this. The Council of Mortgage Lenders say that repossession should not even be attempted until an individual is 6 months behind with payments and even then only if they are failing to co-operate.

 

Judges are usually quite sympathetic as long as you are doing your best and making payments, or if they see a specific reason for non payment.

 

I am no expert but I cannot believe your house would be repossessed for such a trivial amount. But I see here a trend. Santander are in trouble financially and I imagine they are trying to get as much cash in as possible. Since you have to pay their legal fees there is no reason for them not to 'try their luck'.

 

I think it is absolutely disgusting that ordinary people are paying the price for the fact that banks are a load of incompetent crooks!

[alib42]

The problem is this as well. My hubby died in 2005. I was awarded probate on the house. Abbey agreed to let me stay. About 3 months after he died, I was there for 500 arrears the judge told me that if the arrears where for less than 400, He would have thrown it out. Since then I have been back twice to court 1 for redundancy & again for a stupid relationship.

 

The house is still in my late husbands name. I could never afford to get it put in my name so I wonder if basically they just want me out

 

Just to add, please dont judge me, We wasnt on a fancy holiday, we stayed at my sisters near the sea for 2 weeks. I do work hard always have.

[barbershop0]

Ell-enn may be about this evening and may be able to help you out. As your timescales are very limited it may be a good idea to get the following information together.

 

An income expenditure statement together to show you that you can afford the standard monthly mortgage payment plus £xx for the arrears.

 

It may also possibly be handy to dig out the record of you getting probate, for you to take to court.

 

What are the ages of your children?

 

Have you paid anything towards you mortgage since the 20th July?

[Ell-enn]

Hi there, you will need to enter an N244 at court to get a hearing. We can help you with that.

 

Do you have a copy of the court order from 2009 ?

[alib42]

I cant find it, basically it said Future Suspensions should be refered befor Judge D Jackson until November of 2010.

 

The Arrears at that tme where £1800, they now stand at 856.71. The order back in 2009 was to pay the monthly mortgage fee plus £30. I now pay it plus £40 and have done for awhile, as I could afford the extra £10.

 

On the 20th July my payments where up to date.

 

And August I paid 2 weeks ago

[Ell-enn]

Were the arrears £1800 at the time of the hearing in 2009 or in November 2010?

[alib42]

Yes they where

 

£1800 in November 2009

[Ell-enn]

OK, so you have reduced the arrears by £1,000 since the last court order.

 

Do you have a printer at home?

[alib42]

Yes I do have a printer. Thanks for helping me. And yes Arrears reduced by a £1000 since last court order. And an extra £10 on top of £30 towards arrears. I have paid a month, this last 10 months or so

[Ell-enn]

OK, firstly - can you please complete the affixed budget sheet which you will need to affix to the N244 form so the judge can see that you are able to continue making payments at the current level. The budget sheet calculates automatically as you fill it in. Make sure you have only a very small sum left over in Box E otherwise the judge may think that you can afford more each month. Let me know when you have completed the budget sheet and we'll move on to the N244 form.

Budget Sheet.xls

[alib42]

Ok will do so now

 

just remembered, I have a copy of the 1, I sent them last month. The one they didnt recieve, can I use that

[Ell-enn]

Did you return the I & E form to them by recorded delivery? did they send you a prepaid envelope for returning the form?

[Ell-enn]

just remembered, I have a copy of the 1, I sent them last month. The one they didnt recieve, can I use that

 

Only use it if it has the same kind of criteria as the one I affixed - sometimes lender's I & E forms don't allow for the same expenditure.

[alib42]

No, I just blummin posted it to the lit depts address on the envelope.

 

I just realiised the letter asks me to call them, with it not post it. Which I did

[Ell-enn]

Is the I & E the same as the one I affixed?

[alib42]

No its different, and yours I couldnt use as I dont have excel. Found 1 same as yours on National Debtline, so just filling that in now

[Ell-enn]

OK, let me know when that's done.

 

Do you have Word on your computer?

[alib42]

Yes but only an old version, so its word 97 i think

[Ell-enn]

That version of Word is fine. I have affixed an N244 form and below are the instructions for completing it. I will start to draft a statement to go with Q.10 of the form. Let me know when you have printed off and completed the N244.

 

1.Your name

2. Tick Defendant

3. Cancellation of eviction

4. No

5. Tick at a hearing

6. 15 minutes

Agreed by all parties: No

7. Write - Not applicable

8. District

9. Both Parties

10. Tick box for attached witness statement

Cross out all options except The Applicant Believes

Sign and cross out all options except Applicant

11. Sign and cross out all options except Applicant. Enter your address and contact details.

n244_0400.pdf

[alib42]

Ok done my leftovers are £44.00 after everything including mortgage arrears

[Ell-enn]

You need to get that figure down a bit otherwise the judge might think you can afford more. Have you put enough in for clothes, housekeeping/food? there's also your energy bills they will be higher over the winter. Could you email the budget sheet to me so I can have a look to see if there's anything you've missed? my email address is [email protected] (there's no space between the c and o the website just shows it like that for some reason)

[alib42]

Hi its me they are evicting, but my late husbands name is still on all the documentation - so should I therefore put both names and where is there reference number.

 

Emailed you incomings sheet

[Ell-enn]

Is it in joint names?

 

Got email and replied

[alib42]

No it was his, I have probate