Repossession Hearing - Santander ***Suspended***

[NYGIRL]

Hi,

I’m hoping someone can help me understand what is going on with my mortgage lender.

I fell into 4 months arrears but have a repayment arrangement in place for the mortgage amount & to clear the arrears this was arranged by another organisation who work on their behalf.

 

I have now received a court hearing date letter for 20th December for a possession hearing and I’m really confused as to why I’ve received this.

I’ve contacted the organisation I arranged the repayment plan with but haven’t had a reply yet.

 

What is the best thing for me to do now to get this resolved? 

[dx100uk]

What organisation?

 

 

[NYGIRL]

Aberdein Considine is their name acting on behalf of Santander.

Edited December 6, 2021 by NYGIRL

[dx100uk]

Do the same as you did in 2015

Go read that thread. Click your username to find it.

 

Also reading that thread, you always seem to liaise and pay? A 3rd party. Id be communicating and paying satans bank directly. Not through i 3rd party, which continually seems to go word for you??

 

another observation??.. You appear? To cease payments whenever there is an issue?? Dont, keep paying as was till the new order gets in place.. Sorry if i misread that bit and i' m wrong..

 

Dx

[NYGIRL]

Thanks for your help. 
That post was a different lender but it seems it was a similar situation although it was a long time ago so I didn’t think it would still be there.

Just one more thing:

If I am struggling to attend the hearing date (due to work commitments) they have given can I get it changed at all? 

[dx100uk]

Ring the court directly and ask what to do.

 

Yes i realise it was a diff lender in 2015, is that spo still in place?? 

[NYGIRL]

Thanks.

 

Yes that SPO is still in place.

 

Aberdein Considine have replied to say that as long as I continue on my repayment plan the possession order should be suspended. They note I have kept to the repayment plan.

[dx100uk]

good.

 

is ittime to look at tyour overall finances?

 

if you are paying dca's etc on other non priority consumer debts, that might not even be enforceable ,do we need to investigate those for you?

[NYGIRL]

I went through my finances last year with National Debt Line and sorted out some money concerns. I don’t have anything with any DCAs, just mortgage & council tax arrears to deal with. 

[Ell-enn]

Hi, you should go to the hearing if at all possible - if you don't you will have no idea what the lender tries to get the judge to agree to.   There is nothing to be afraid of at the hearing it's just like a meeting.  

I  don't understand why they ate applying for a judgement when you have been paying consistently - or have you missed any payments?

[NYGIRL]

I was intending to go as I realise it is important.

 

I don’t understand either. The arrears are £1,609 and I have made all the repayments since the arrangement was made. The repayment plan includes my usual mortgage payment & roughly £60 towards the arrears every month. 
 

Aberdein Considine have stated that because the time limit had expired to get a repayment plan in place they have been instructed by Santander to carry on with the court proceedings.

[Ell-enn]

sorry, double post

[Ell-enn]

OK,   well I think you should definitely enter a defence - I can help you with that - there is absolutely no reason for them to ask for a suspended possession order when you have made all payments under the arrangement.  How many months mortgage payments does the arrears figure represent ?

[NYGIRL]

Hi, thanks for replying.
Your help would be really appreciated. The arrears are 4 months worth of payments. I haven’t received the defence form as yet.

[Ell-enn]

Did you get notification from the court of the hearing on 20th December ?  if so you should have a defence form in the pack - N11M.

[NYGIRL]

Yes I got the notification from the court but there was definitely no defence form included it was only 2 pages, one with the notification & one with what to next.

[Ell-enn]

Did you get notification from the court of the hearing on 20th December ?  if so you should have a defence form in the pack - N11M.

 

That's unusual -  however we can just do a defence and you should hand it in to the court at least a week before the hearing.  Do you have a printer and able to edit Word documents ?

[NYGIRL]

I thought it was unusual too. 
 

Yes I do have access to a printer & also can edit word documents.

 

I have emailed the court to ask if they can change the date of the hearing as I’m supposed to be at another office on the 20th & 21st for work. I did call twice but no one answered.

[Ell-enn]

You need to keep on at the court as they will have to obtain the agreement of the lender to change the date and I wouldn't count on them agreeing - in which case you will need to ensure you can have the time off to attend.

 

In order to draft a defence I need you to answer the following:

 

Is the mortgage in joint names or just you own ?

Are there any children living in the property ?

How long has the mortgage left to run ?

How long has the agreement to repay the arrears been running ?

Do you have written confirmation of the repayment arrangement?

 

[NYGIRL]

Ok thanks for the heads on the court date. 

 

Below are my answers to your questions:

 

Is the mortgage in joint names or just you own ? Just my name

 

Are there any children living in the property ? No

 

How long has the mortgage left to run ? 3 years & 8 months

 

How long has the agreement to repay the arrears been running ? 4 months

 

Do you have written confirmation of the repayment arrangement? Yes from Aberdein Considine

Edited December 6, 2021 by dx100uk
formatting

[Ell-enn]

Hi, thanks for the info.    I have affixed a budget sheet which you will need to affix to the defence so the judge can see that you are able to afford the payments you have agreed to make (the budget sheet calculates automatically as you fill it in)    Please let me know when you have completed it and I will complete the defence statement.   You will also need to affix a photocopy of the letter of agreement for the payment arrangement.

NY Girl budget sheet.xls

[NYGIRL]

Thanks for the link. I’ll get it completed 

Edited December 7, 2021 by NYGIRL

[dx100uk]

Use open office if you don't have msoffice it's free

[NYGIRL]

Hi,

 

I’ve completed the budget sheet now

[Ell-enn]

Hi, thanks for letting me know.

Just one more thing -  what was the reason for your falling into arrears ?  the judge will want to know the background and how you came to recover the situation.