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

[alib42]

I was widowed 10 years ago and left with a small son

 

I carried on paying the mortgage which was and still is in my late husband's name. I obtained probate.

 

But could never afford to take over the mortgage and also due to a very bad credit history would never get approval for a mortgage in my name.

 

Over the years I have struggled through a lot redundancy, flooding and basically the house went to rack and ruin.

 

I have been to court numerous times to fight various eviction orders and been successful to stay in our home.

 

When my son started high school I pulled myself up by my bootstraps got a better full time job.

 

And for the last 2 years have gradually been spending cash on the house. New bathroom and general home improvement stuff.

 

I am still not were I want to be with the house I have knotweed, need a new kitchen, boiler etc.

 

I am just about to spend another 1500 on some more work BUT

 

The mortgage company have been writing to be since xmas asking me to either A - Find a mortgage or B - Sell

 

I cannot get a mortgage no-one in there right mind would give me anything. I have made lots and lots of mistakes.

 

I called them in January and they have told me the letters will keep coming out. I am currently receiving 1 every month The last one was to refuse putting the mortgage in my name - I never asked them to do that as I knew what the answer would be.

 

Yesterday's letter included the facts that they are telling me that they are sending someone out to see if anyone still lives there, they are also going to charge me for this and that this person will also evaluate the house.

 

I had hoped that we could stay here until my son leaves school and in the meantime I could pay for the updates to the house so when at least the time come's to sell I will get something back from it.

 

There are arrears which are historic which I continue to pay off on a monthly basis.

 

Should I just give up save my money and accept the inevitable or continue to fight to live here

 

I really really now don't know what to do. And the stress everytime I get a letter is driving me crackers

 

Any advice out there for me

[Ell-enn]

So they have allowed you to pay a mortgage which is not in your name but in your late husband's ? who is the mortgage company ?

[citizenB]

Did your late husband leave a will ?

[alib42]

Hi

 

Thanks for replying - There was no will no insurance anything at all

 

I have continued to maintain the mortgage payments allbeit Interest Payments only

 

Yes they have allowed me to continue mortage payments in LH's Name the bank is Santander

[havinastella]

I find it strange that a Mortgage company would lend the money without some kind of life insurance for your late Husband.

 

Are you 100% sure there is no insurance on the Mortgage?

[alib42]

I am 100% sure I think there was a problem at the beginning and the endowment was lapsed

[Ell-enn]

Do you know who the endowment was with?

 

Also, is there any equity in the property i.e. how much is the outstanding mortgage and how much is the house worth ?

[alib42]

No idea I know for a fact nothing was ever it was lapsed as I found the letters

 

Outstanding mortgage is in the region of 57,000 including arrears and charges and maybe £75,000 - £80,000 at a guess for value.

 

Although with a knotweed issue unsure if that would affect it which I am in the process of sorting

[alib42]

Hi

 

Looking for some help

 

I have probate on a property which is in my husband's name (No insurance or endowment on property) - Never into mine as I have terrible credit

 

Since 2005 I have maintained the Mortgage interest payments ONLY along with any home improvements etc

 

And have continued to live in property with my son who is now 17

 

Over the years I have fallen into arrears gone to court a few times made arrangements and continued to live there.

 

The last time I went to court was 2012 all because I didnt answer a ingoing's and outgoing's query they had with me. I was helped on here.

 

At the beginning of last year they sent a letter requesting that I had to let them no my intentions with the property. I told them I wanted to continue to live there as was.

 

I have NOT fallen into more arrears and have continued to pay them off. Infact 2 years ago I increased my payments in abid to clear of the arrears faster.

 

In September last year I recieved a letter from Eversheds requesting Full Payment of outstanding mortgage or face eviction. They were going to take me to court to evict me. ( I have bank statements to prove how much and how regular I pay both the mortgage and the arrears)

 

I have maintained everything as per our agreements made in court in 2012 prior to that was 2009 and I had maintained our agreement between those dates as well. Yet I think court costs etc went onto my costs

 

Every time they correspond with me the figures of arrears and the balance of the mortgage changes by a few thousand.

 

I have requested statements of charges this has been ignored... By both Santander & Eversheds

 

I even had them sent a solicitors letter requesting they back off as I had done nothing wrong except maintain what was agreed.

 

Fast foreward a month or so and I decided I had had enough put the house up for sale.

 

They are now delaying with my solicitor settlement figures as I have a buyer.. This is all we are waiting for so we can arrange a date to complete

 

And I will be out of there and all the headaches.

 

I have just got off the phone to them and they are charging me for litigation fees again even though the account has been with Eversheds since september and HAS NOT proceeded to court.

 

Can I dispute the charges how do I go about it..

 

Is it better to do it now or after we have completed and moved out..

 

Also I will need a reference from them for renting purposes.. How do i get that off them???

 

Any advice on how to proceed next would be great

 

Sorry for long post and thanks for reading

[dx100uk]

I suggest you get an sar running to satans bank

get all the statements and reclaim all the fees

be them arrears, solicitors fees when there was no current litigation, letter, debr management etc etc

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?296108-Hot-news-for-anyone-who-has-suffered-mortgage-arrears-charges-irresponsible-lending-or-other-unfair-lender-conduct

[dx100uk]

for the sake of history

I've merged your 4 threads on this mortgage

 

 

dx

[Guest Mrs Hobbit]

In the SAR I suggest you also insist that copies of Eversheds invoices to be included.

 

 

You entitled to see these charges and you can challenge these.

These invoices are a goldmine of information.

 

 

you could find some the charges that have been added to your account should not have been.

 

 

Your settlement figure could be grossly inflated and you cannot accept what they saying is the settlement figure without challenging the Eversheds invoices.

 

I have seen this happen in two repossession cases and found the settlement figures had been inflated by several thousands of pounds. Challenges were successful.

[alib42]

In the SAR I suggest you also imsist that copies of Eversheds invoices to be included. You entitled to see these charges and you can challenge these. These invoices are a goldmine of information. you could find some the charges that have been added to your account should not have been. Your settlement figure could be grossly inflated and you cannot accept what they saying is the settlement figure without challenging the Eversheds invoices.

 

I have seen this happen in two repossession cases and found the settlement figures had been inflated by several thousands of pounds. Challenges were successful.

 

Hi

Thanks for replys so far

 

 

Can I confirm this is something I can claim back afterwards

As I don't want to put the sale back. And lose NY buyers

[dx100uk]

too right!!

 

 

there's a case here somewhere

not the same players

but some +£6k were deemed unlawful and refunded.

[dx100uk]

you can but it might be a two finger job from them..

[alib42]

you can but it might be a two finger job from them..

 

So I will end up paying all costs for charges, visits I didn't request and litigation fees that didn't happen

Inspire of the fact I haven't missed any payments

Should I delay or pull out of my sale then do you think??

[dx100uk]

its a real shame we let you down by not recommending and sar all those years ago the numerous times you've come here before.

 

 

nor that you'd not picked this up yourself when reading other like threads.

 

 

what info do you have?

 

 

any statements?

 

 

anything to go on so far?

[Guest Mrs Hobbit]

Yes, you can do this afterwards and claim back from them. it is like poulling hen's teeth to get these invoices. in fact if you leave it until afterwards you can also ask for interest refund also. i would not delay your sale because knowing the players at Eversheds they would prefer a repossession and of course more added costs.

 

Doing it afterwards you can sort through the documentation with clinical preciseness.

 

If they don't supply the invoices and you have requested these in your SAR, this also can show Santander are not complying with the SAR request.

[alib42]

its a real shame we let you down by not recommending and sar all those years ago the numerous times you've come here before.

 

 

nor that you'd not picked this up yourself when reading other like threads.

 

 

what info do you have?

 

 

any statements?

 

 

anything to go on so far?

 

Just numerous letters stating different figures and mortgage statements the last 1 of each I received a few weeks ago both different figures

When I asked why the difference I was told litigation fees

[alib42]

And I can't make head NIR tale of the statement

Money credited here there everywhere and debuted just don't understand it

[alib42]

Maybe they know what I'm going to make and want that too lol

[dx100uk]

can you access the mortgageaccount on line?

most you can now

that might give you a quick heads up on a ballpark figure

 

 

the other thing you can do is catch them off the cuff

and ring satan mortgages

and tell them what is going on

and you want all the penalty charges removed from the settlement figure

as there are £1000's

 

 

they might do it there and then

[known that once here]

then atleast if they do refund 'something'

they have admitted fault

and you can go after them later for the correct figure

 

 

just musings..

[alib42]

No access to it online

 

I can't speak to them as end up losing my rag.. As they have just not left me alone with the threats

[alib42]

Is it worth one if these no win no fee places

[alib42]

Maybe I should just write it off and be glad it will be allover