Santander “Notice of execution of possession order”

[Nikki-niks]

Hi I found this website and was wondering if someone could give me some advice on what is going to happen. 
 

I received a letter from Santander solicitors as I have fallen behind on my mortgage payments again after I got a suspended possession order last year. I’m self employed and business has been really slow since December so the money hasn’t been there.

 

Stupidly I haven’t spoken to Santander since January so they weren’t up to date with everything. I’m currently looking for full time employment so I can have guaranteed money coming in every month but until I do things will still be tight. 
 

sorry for the long story but I’m wondering what will be the next step if I can’t make an arrangement with the bank. They said if I can show affordability they may be able to stop the repossession but I need a job first. 
 

I read the pdf at the top of this forum but I’m not sure which section would apply to me or is that only to be used before this stage?

 

Also would the next letter be an eviction date or would I get the opportunity to go to court again?

 

I’m hoping I can get a job by then and have something to show the judge to say I can keep to the payments this time. 
 

any help or advice would be much appreciated. Thank you. 

[honeybee13]

Hello, welcome to CAG.

 

I'll flag your thread for team member @Ell-enn, she's great on this kind of stuff. Hopefully she'll be able to get here today and if not, over the weekend.

 

Best, HB

[Nikki-niks]

Hello Honeybee oh thank you for that I really appreciate it.

 

I’m trying not to panic but it’s quite scary and I don’t know what I’d tell my family if I lost my house or where I’d go with my son. 
 

Thank you in advance Ell-enn for any advice you can give. 

[honeybee13]

This isn't something I advise on but Ell-enn has seen loads of cases and she'll know what to do. She's unflappable.

 

HB

[AndyOrch]

Shelter Legal England - Enforcement of mortgage possession order by eviction - Shelter England

ENGLAND.SHELTER.ORG.UK

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Bailiffs enforce possession warrants after the lender obtained them from court and served a notice on occupiers.

 

[Nikki-niks]

If I’ve read this right does that mean there won’t be another hearing in court. Now that they’ve applied will I just be sent an eviction date in the post? 

[honeybee13]

I'm pretty sure there are things you can do. If you have time you could read around this subforum for similar cases.

 

I would have a look myself but I'm having internet problems. 

 

HB

[Nikki-niks]

Thank you Honeybee. I'll take a look tonight. I'm hoping someone would have gone through something similar and got through the other side ok. Thanks again

[dx100uk]

there are lots of like cases in this very forum.

 

most came out ok.

 

ill look later.

 

dx

 

[Nikki-niks]

Thank you. I'm reading through them now!

[Ell-enn]

Hi, sorry for delay in replying, I have been away for a few days.

If you have received a letter advising that the lender proposes to execute the warrant for possession then the next notice you will get is an eviction notice.   You will then have to apply to the court to have the eviction stopped but we can help you through that process.   However, the judge will need to be convinced that you can actually afford the repayments.

 

Is the mortgage only in your name?

 

[Nikki-niks]

Hi Ell-enn,

 

No worries thank you for responding. Honeybee did let me know you'd be in touch

 

Yes it is only my name on the mortgage. 

 

I looked through the forum and saw that I need to submit a N244 form (I think those are the correct numbers). If you could help with that, that would be amazing. Would I do that now or wait till the eviction notice comes through?
 

I have started to go through a budget sheet and the good news is I have now been offered a new job. The only problem is I have to pass a DBS check first which they said could take up to 6 weeks. I am still trying to find something temporary in the meantime but I wasn’t sure which figures I should put on the budget sheet. 
 

I was told to complete a budget sheet to, send an email with the job offer letter (which I’m waiting for) and also state the reason for not sticking to the court order. I’m again HOPING this can stop the eviction as they said a manager may be able to do that. However I’m worried about the time it might take to actually start the job. Will they be willing to give me another chance without a guaranteed payment date?

 

I know you probably won’t be able to answer that but if you’ve had any experience or seen something similar maybe I can put my mind at ease a bit. I haven’t spoken to them in a couple of weeks because I’m so scared just waiting for this letter to come in the post and trying to sort out stable employment. 

[Ell-enn]

Hi,  Firstly, lets get a letter done to the lender - that way if you do need to go to court the judge will see you have tried to come to an arrangement with them.

 

Do you want me to draft a letter for you ?   You should use the budget sheet shown in the repo guide thread - it calculates as you fill it in  https://www.consumeractiongroup.co.uk/applications/core/interface/file/attachment.php?id=18014

 

I can help draft a defence for the N244 form if needed so don't worry about that (I've done hundreds).

 

Ell

[Nikki-niks]

If you could help with the letter that would be great. They told me to email it rather than send in the post. 
 

Should I complete the budget with my current income or what I will have after I start my new job? The current one probably won’t show affordability

[Ell-enn]

Do the budget sheet with what your new income will be - we will mention in the letter about the fact that it is a new job.  If you are in doubt about anything on the budget sheet let me know.

 

How much are the arrears ?

How much is the normal monthly payment and how much extra did you agree to pay towards the arrears each month?

How long is left to go on the mortgage?

 

I'm working at the moment but will do the letter when I get home so you can email it tomorrow - are you OK with editing Word documents ?

[Nikki-niks]

Thank you! Yes I’m ok working with Word. 
 

I made a note these details on the weekend, but I was waiting for you to reply before I posted   

 

 

• Arrears balance £15,072.86
• Remaining term 13 years 5 months
• To clear arrears over mortgage term: £94.21 = £552.38

The court order was to pay £582.55 which I believe included the interest on the arrears. 
 

Once I have a regular income then I’ll be able to manage that comfortably. The income from my own business will hopefully pick up so I’ll have that too to save for any emergencies that come up. 

[Nikki-niks]

I read on other posts that some people were able to get their arrears added to the mortgage.

Do you think it’s work asking for that?

 

The arrears amount does scare me.

I think I read that after 6 months you can ask to have it capitalised.

 

I did stick to the payments longer than that but I’m not sure if Santander do that.

I did ask for it in writing before I went to court last year but I didn’t get a response. 

[Ell-enn]

I think you'd have to make payments for a while before asking to capitalise the arrears, they will want to see a good payment record.

 

How much is the normal monthly payment ?

Do you have the job offer letter yet?

 

[Nikki-niks]

The normal monthly payment is £458.17. 
 

No I don’t have it but I will chase that today. 
 

Thank you 

[Ell-enn]

OK,  so the court order was for an extra 125.00 per month.  If you can manage that it will get rid of the arrears quicker.

 

I have affixed a draft letter - you need to put your address at the top right and then their address (make sure you have the right one) and also enter your mortgage account no.  If you are emailing it you also need to ensure that you are sending it to the right email address - might be a good idea to ring them and check all addresses.  If it goes to the wrong place it may never get looked at.  Attach the completed budget sheet along with the letter and also  the job offer if it comes in time to affix - if not you will have to send that separately.

 

I strongly suggest you get this letter and budget sheet  off to them today as time is of the essence - it would be better to get this sorted before an eviction notice arrives.

 

Let me know if you need anything else.

 

Nikki-niks letter to lender.doc

[Nikki-niks]

I recall the court order being for £80 something but Santander put me on a better interest rate to help with the payments because my current rate kept going up.

 

I’m expecting the job offer letter today but if it hasn’t arrived in time I will send it in later. They confirmed the email address with me the last time we spoke but I will call to check they have received it once everything has been sent. 
 

Thank you for the letter I’ll download it now and take a look. I really appreciate your time. 

[Ell-enn]

OK - put in the extra amount that you think you can manage but make sure it's not less than you have been paying under the order.

[Nikki-niks]

Is it worth mentioning my son as a reason for needing to stop repossession or will that be better noted on the N244? 

 

If you calculated it as £125 then I'm sure you're right. I'll double check

[Ell-enn]

If the normal monthly payment is £458.17 and the court order was for £582.55   then the difference you are paying towards the arrears is £124.38 (I rounded up to £125)

 

If a N244 is necessary then we will mention you have a son.

 

If you receive an eviction notice you need to let us know straight away as we will be under a tight timeline to get a court hearing.

[Ell-enn]

Have you had a reply to your letter?