Repossession Hearing - Santander ***Suspended***

[NYGIRL]

Hi, no problem.

 

The arrears were due to my husband suffering mental health issues and not being able to work, so we only had one income. Our boiler also had to be replaced which put us under huge financial strain.

[Ell-enn]

OK, thanks - I'll post up the defence statement and instructions shortly.

 

[Ell-enn]

Hi,   affixed is the statement for court. You need to fill in the info where there are XXX's at the top (remove the XXX;s) the info you need will be on the court forms you have received. Read through it carefully to make sure everything is OK. When you print it out, your printer needs to be set for A4 paper (not Letter size)

 

-  on the top left hand corner of the copy letter write the Claim Number and on top right put Appendix 1.

- on the top left hand corner of the budget sheet write the Claim Number and on top right put Appendix 2.

 

Now assemble as follows:

Statement – signed

Copy of letter regarding payment arrangement

Budget Sheet 

 

Make sure it is stapled securely together. You will need to take a photocopy of it all for yourselves so you have a set to refer to in the hearing.

Hand it in to the court at least 7 working days before the hearing. Ask the court staff if there will be any free legal advisors on duty on the day of your hearing – they can go into the hearing with you and support your case.

If you really have to post it then send it Special Delivery so they have to sign for it.

 

Please let me know if you have any questions.

 

Ell

 

NY Girl statement.doc

[NYGIRL]

Thanks Ell-enn

I really do appreciate all your help with this. 

[Ell-enn]

No problem,  happy to help.  Just make sure you get to the court early on the day of the hearing and ask about any free legal advisors.

 

Let us know the outcome too

[NYGIRL]

Will do thanks.

 

I’ve just received a court bundle from Aberdein Considine. The covering letter mentions making payments to the account (see attached)

Is there a reason they have written this when I already have an arrangement in place.
 

Is it worth talking to Santander?

Letter AC 03.12.2021.docx

[Andyorch]

I would think that is a standard template not particularly directed to yourself.

 

Andy

[dx100uk]

urm interesting getmedebtfree is their own inhouse debt solutions dept...selling what else but expensive and unnecessary IVA's etc at a price from their 'chosen companies'...yes a template.

[NYGIRL]

I also noted from the court bundle they have written to my council & the secured loan company, I assume this is standard practice.

 

Also interesting that there is nothing in the court bundle about the repayment plan in place and that it has been stuck to since arranged.

[Ell-enn]

Yes, I'm afraid they will write to any other party with security on the property and they write to the council as a matter of course although what good it would do unless you were out on the street I've no idea but I guess they try to look as if they are caring (huh).

 

The fact they haven't mentioned the arrangement agreed just shows why you need to give the court as much information as possible - you never trust lenders where your house is at risk.

[Ell-enn]

Also, as Andyorch said - the part of the letter you affixed is just a generic load of words lenders use, again to look as if they are trying to help you.  

I don't think there is much to be gained by talking to Santander at this stage - I guess they will just say they wish to proceed with the hearing but will  accept a suspended possession order , however that's the judge's decision not theirs and we have asked for dismissal.

The lender will try to secure their position with a suspended possession order as it makes it easy for them to go for eviction if you only miss just one payment under the order.

 

Stay strong - it will soon be over

[NYGIRL]

Thanks so much for your comments & support. I’m just nervous about the whole thing.

[honeybee13]

That's understandable but Ell-enn has seen loads of people through this.

 

Ask any questions that you need to.

 

HB

[Ell-enn]

Of course you're nervous, everyone who has been in your situation feels the same.  However,  let me explain the court process, it might make you feel a little better -

The hearing will take place in a room, much like a meeting and not like you see on TV with a judge and jury.  There will only be the judge, youself and a representative for the lender.   The judge will address  both parties to start with - usually giving his understanding of the case - it's important not to interrupt the judge whenever he/she is speaking, they will let you when they want to hear from you and you should address them as Sir/Madam.  It should all be over in 10 mins or so.

 

If you can get to the court early ask the usher if there are any duty legal advisors there, if so approach them and discuss your case- they can come into the hearing with you for support.      The representative for the lender may approach you and try to get you to agree to some other arrangement (usually to their advantage) - I would strongly advise you not to get into conversation with them, just say you'd rather wait for the judge to decide.

 

If you have any questions at all, or just want to chat - please let us know, we're here to support you

[NYGIRL]

Thanks so much. I’ve said it before but I really do appreciate all the help, support & advice.

[Ell-enn]

Hi, did you get the paperwork to the court OK ?

[NYGIRL]

Hi,

 

Unfortunately not yet as I have been really ill since last Thursday. 
 

I hope to get it there tomorrow or Thursday. 

[Ell-enn]

That's cutting it a bit fine - you'll need to check with the usher at the court when you get there on the day to make sure they've put it in the file for the judge.

[NYGIRL]

I have asked if I can email the information but no one has got back to me yet

[Ell-enn]

I certainly wouldn't email it at this late stage - they probably won't read it in time.....   courts are usually pretty slow at processing emails - both answering queries and dealing with those they receive.

[NYGIRL]

Hi, I really need some help & advice.

 

Is there anyway I can postpone the hearing as my GP has just signed me off work until Xmas day due to this illness.

If things don’t improve drastically there is no way I will be able to attend court feeling like this.

 

Any suggestions? 

[Andyorch]

Is your illness Covid related ? 

[NYGIRL]

It isn’t COVID related

[NYGIRL]

A quick question 

 

If the court are asking you to only arrive 15 mins ( I assume because of Covid) before the hearing will I get chance to speak to a duty legal advisor if there is one available. 
 

The council have also written to offer me any advice with housing & advice prior to court, is it worth speaking to them? 
 

I know I’m panicking about all this but I do feel alone with it all.

[honeybee13]

You're not alone, you have us.

 

I expect Ell-enn will be along to advise later. Maybe ringing the court is an option,
Ell-enn will confirm or not.

 

HB