Santander repossession hearing imminent

[Kitty97]

x

[Kitty97]

So we got the hearing adjourned.

 

Despite handing in a VERY extensive defence pack last week with a load of attachments with our letters of proposal payments, evidence of the severity of our daughter’s illness, valuation of house, it hadn’t been passed on to the judge so he hadn’t looked at anything!! He had a flick through the copy we’d brought with us and said he couldn’t read through all of that with the time he had.

 

Rottweiler solicitor from Aberdein Considine barefaced lied to the judge saying we’d made no contact with Santander before we’d got letters from them threatening legal action (I’ve got loads of correspondence and will ask for more phone transcripts if necessary) and that no payment proposals had been made before the date of the court claim (again a lie as I have correspondence).

 

She said the Norgen case was no defence, that the valuation of our home/equity was meaningless and that basically we had no defence. Despite numerous assurances from Santander that they weren’t looking for repossession, solicitor asking for outright possession. Obviously the fact that would make our daughter ill again and we’d have no business is of no consequence to them.

 

Duty barrister did a great job considering he had about 15 mins to look through our case. He passed your supplementary defence re: my husband’s pay rise and consultancy to the solicitor before the hearing but she just said they were going for outright possession.

 

we’ve got 28 days to prepare a full defence and will get legal representation for that. Duty barrister said to do that first and then discuss further proposals to put to Santander before the hearing. As well as a request to change the type of mortgage to interest only (7.1 of pre-action protocol?) we’ll also ask to capitalise the arrears and extend our mortgage by 5 years which would make the mortgage payments affordable. 

Duty solicitor did right to suggest he did all the talking as finding out that the judge hadn’t even read our defence when Santander’s solicitors seeking outright possession was such a shock and thankfully he worked that to our advantage, especially as the judge could see how copious our notes were. Otherwise it would probably have been over for us in 5 mins. My answer to no 27 on the defence form ran to 4 pages so I’m furious that it hasn’t even been looked at!

we’ve won the battle but not the war yet. The Rottweiler didn’t look at us once or try and engage in any way before or after and looked more like a bulldog sucking a wasp when our duty barrister handed her a copy of our defence pack and judge allowed an adjournment so I’m sure she’ll be out for blood now.

 

Any further advice would be very gratefully received! 

[mantis shrimp]

Seeing that law firm name, is this in Scotland? 

[Ell-enn]

Glad to hear there was a duty legal there to help you.   You should ask the court why your forms weren't put before the judge -  how long before the hearing did you hand them in ?.

 

If you're going to get legal representation make sure they are well versed in mortgage repossession, not just a general solicitor.  Do you have legal cover included with your house insurance ?  if so make use of that before paying out for a solicitor.

[Kitty97]

5 days before.

It said on the accompanying letter to ensure it was in at least 2 days before the hearing (obvs weekend not included).

 

Was absolutely gobsmacked that judge had assumed that no defence had been given! A&C work for Santander out of their Newcastle practice.

 

I think they started out as estate agents, hence, I guess their rabid attempts at outright possession-no doubt they just want to get their hands on our house cheap to sell at a stonking profit for themselves. We’re down south where house prices have gone crazy. 

[Kitty97]

Hi again.

 

Have had report of hearing from the duty barrister with details of what was said and what we need to do ahead of the next hearing.

 

Before we put in our fuller defence to Santander/the court, should we try to come to an agreement with them ahead of the hearing?

 

With my husband’s pay rise and consultancy retainer we could pay the mortgage and arrears now if Santander extended our term.

 

Given the circumstances that got us in this position, our daughter’s continued issues but the improvement in our finances, is this reasonable for us to ask for? 
Thanks again for all your advice thus far.