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groovycaz

Santander repossession

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Hi everyone,

i was wondering if anyone can advice me after our home was repossessed by Santander in Jan this year.

 

I have a formal complaint with Santander as they marketed my house hugely undervalued and it sold after 9 days on the market.

Ive asked for a breakdown of all £40 debited to my mortgage account even though i was in regular contact with them ive many charges including misc charges.

 

Last week i received a letter from their solicitors stating there is a surplus from the sale of £2454.37 between myself and my ex husband.

The conditions to accepting the surplus in full and final settlement includes that we must agree the amount and confirm that neither of us has no further claim against santander UK plc either Past, present or future or without us signing it will not be possible to conclude matters and no monies will be forthcoming.

 

Is this something they can do ?

 

Can we accept without prejudice considering the complaint already filed.

Any reply would be greatly appteciated

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For the sake of transparency I would point out that I don't have any experience of this – however,
I'm amazed that if there is a surplus, that they are entitled at all to hang onto it. I would have thought that a surplus would belong to you automatically and they would have no right to negotiate it.

I would suggest that you write to them immediately and asked them on what basis they consider that the surplus belongs to them and they can therefore negotiate it back to you. I would make this part of a formal complaint and tell them that if they don't give you a proper reply very quickly then you will take this to the ombudsman.

If it turns out to be correct that the money is yours in any event, then I would take it to the ombudsman anyway.

Hopefully somebody more experienced in this area will come along and either confirm what I suggest or else give the correct answer


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Thank you Bank Fodder for your reply. Il certainly do that

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Don't think they have any right to any surplus, or attach conditions to its payment to yourselves.  Are all the fees and charges they added wholly Kosher? They might be woried that the Complaint has legs and are trying to head you off at the pass so to speak. Others with more precise knowledge should be along soon.  I would do as BankFodder suggests as a start, and don't be hasty to sign any Confidentiality Agreement just yet.


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]pThank you, ive searched the internet for

 Hours and can find nothing about any terms or conditions for releasing the surplus from the sale to us. The solicitor is quoting section 105 of the law and property act 1925

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they're hiding something

 

are you saying, that over the time of issues with them whereby you couldn't pay the monthly sum they added regular arrears fees

letter fees phone call fees ...i'e any fixed sum fess on a regular basis and you've a claim about these ongoing?

 

have you sent them an sar?

 

pers I think you need to expand on the whole story of how you fell into the repo situation and why, you haven't come to CAG before that happened to get help and guidance as I bet we could of avoided the repo.

 

you've been here since 2006, why did you not ask for help?

 

 

 

 


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Hi again, yes long story.

 

The property had previously been let and as my husband and i had separated the plan was he was moving into it.

It needed work and he was disappearing working on fitting new work tops decorating etc.

This didn't happen. Hes a pathological gambler and i discovered bills mortgage etc were not paid.

 

2 years ago it went to court where a suspended repo order was granted.

On the most part i made sure  payments were made but already the sum quoted at the possession hearing the paperwork had loads of charges for letters etc.

 

We agreed to pay the monthly installment and an amount off the arrears.

Then i got poorly with CFS and didnt work for a couple of months and despite speaking to santander and paying as much as i could the solicitors took it straight back to court.

 

The house was on the market and we asked for time to sell and 3 months was agreed.

We thought we had it sold however they pulled out and santander enforced the order for possession.

 

By then id had enough and knew there was enough equity to clear the mortgage and associated costs and their solicitor claimed because of my ill health and ex's gambling there was no way forward. 

 

It was sold by a local estate agent who reduced the market price from 49 950 to 30.000.

I wrote an official complaint letter to santander head office About the undervalue and he replied stating they had 2 valuations.

 

Ive got all the details of other houses in the immediate area which were on the market and selling costs.

 

Ive got all statements and letters where costs were added and officially complained.

 

Ive spoken to FOS who said i needed to complain directly to santander first.

In the meantime 8 months after the sale this letter arrived despite my complaint.

 

 

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called FOS and was advised to call solicitors informing them that they advised me to accept the sum in principle as we already have an official written complaint about Santander under valuing when selling the property and SAR for all fees added.

 

We were advised to strike through the conditions we did not agree to before signing and returning the form.

 

Now its a waiting game while solicitor takes instructions from Santander

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