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Santander/Ascent claim for possession over mortgage arrears


sa-ra
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Hi all, Im back for some help.

 

I posted in 2015 and received help from the lovely Ell-enn who I’m so happy to see is still active on here.

 

I’ve fallen into much larger arrears over the last 2 years due to work being slow and then having to shield during the lockdown. I’m self employed so don’t receive any income when I’m not trading. I did apply for a mortgage holiday but after it was over I couldn’t afford to make any payments.

 

I did the irresponsible thing of not keeping in contact with Santander so fast forward to now they have passed my account onto their solicitors (Ascent) and this week I received a N5 Claim form for possession of property letter from the county court.

 

The letter is a bit strange as it says “your claim will be” and then has the date crossed out with a black marker. Even stranger is the time of the hearing, 5am as according to Google the court doesn’t open until 8:30am. I’m so confused by this letter and when I contacted the court they have no record of the claim number, and were unable to find anything under my name or my address. Has anybody experienced this before? The date crossed out is Friday 3rd December which frightens the life out of me as it’s just round the corner. I’ve spoken to both Ascent and Santander and they are not aware of any court date. I’m the only one to receive a letter.

 

As of today my current arrears stand at £13,451.32 (a lot, I know!) and my regular mortgage payment is £518.24 (about to go down to around £485 as I’m switching to a lower interest rate). I made the mortgage payment on October 5th and have been paying £250 each week since then. The interest on the arrears is about £46 a month. I’m believe it will take me just over 2yrs to pay it off if I stick with that schedule.

 

In September I didn’t think it would show affordability so I chose not to complete an income and expenditure form with Santander. Not sure if that was a good idea or not but I didn’t want a deficit to make the situation worse. At the time I’m sure the lady I spoke to said that if I could make an arrangement with them it would  stop any litigation but now I’m being told that is not the case. It will only “help me”. I’m now back to trading and expect to be able to pay off a large amount after the Christmas period. My sister also offered to help me in the meantime so I contacted Santander yesterday to see how much I could pay to stop it going to court and they said only the full arrears amount could do that.

 

I received the letter from the court on Wednesday and I’ve had my cries and I’m ready to get this sorted.

 

I saw some letter templates regarding on the sticky thread and wanted some advise on which would apply to me? I was intending to use the template on page 10 and enclose pages 11 and 12 and send this to Santander. Or does it need to go to the solicitors instead? I have been advised to speak to Santander on all matters but perhaps they need a copy as well? I was also going to complete the statement on the last page and send this into the court with my N11R Defence form. Is it ok to send this in without a court date?

 

Any guidance on how I can resolve this and whether you think £250 a week would be enough considering the arrears would be helpful. That would mean I’m paying £518.24 on the mortgage and £481.60 towards the arrears each month. When the interest rate changes then it would be approx. £485 towards the mortgage and £515 towards the arrears. Is that a reasonable offer to a judge from someone with an unreliable payment history?


I’m really stressed out about this, know its completely my doing but I wouldn’t know how to explain it to my mum (who paid the deposit) on the house or my 8yr old son.

 

Also worse case scenario and I did lose the house, would I be able to get any money from the sale. I have always hoped to give my mum back her 100k if I ever sold. She doesn’t even have her own home anymore and the money would really benefit her. She is going through a stressful time with her current landlords.

 

Thanks so much for reading and sorry it got so long. I just wanted to provide as much info as possible.

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Is the following the same issue ?

 

Andy

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Just for clarification: did it get to court in 2015, or was the court hearing cancelled?

 

(I’m trying to see if Santander ever got a possession order / suspended possession order, which might complicate the current scenario).

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