Santander “Notice of execution of possession order”

[dx100uk]

[Nikki-niks]

Hi all sorry for the silence on my part. My financial situation got much worse and I haven’t had access to the internet. 
 

I have been on to Santander over the last weeks and had to resend my letter and budget sheet in again. Eventually today they have rejected my offer which is conveniently after they got their confirmed eviction date. I sent my offer in April and increased it to £150 a month to clear the arrears but they have said it’s too late basically. Even though I’ve been waiting over a month for a decision. I’m so annoyed and the lady basically said it’s unlikely the court will agree. 
 

I will have access to a computer tomorrow so I am planning on filling out the next form as advised on the eviction letter (set for 8am May 31st). I’m going to try and call the court as well as there was a help number on there. They offer hearings two days a week so I’m hoping I can get an appointment asap. @Ell-enn do you know how much it is likely to cost and do I have to pay upfront or on the day. I won’t have any money until Friday but if I can apply for the hearing tomorrow with no funds that would be ideal. 
 

The lady said my offer was rejected due to my payment history and the fact that I don’t have a confirmed start date. I am still waiting for security clearance which is stressing me out. 
 

In the meantime I was offered another job so I’m not sure if I should just take that so I can have a confirmed start date sooner. She said it might help or it might not. I would need to send proof of the job offer and income etc. 
 

Does anybody think it’s worth trying that?

 

The job with the security clearance has better long term prospects which is why I took it but I have no idea when I will be cleared. The manager who rejected my offer said they would look at my financial history during the security checks and refuse me due to my mortgage although I advised they do not need to check my finances for the level that I will be working at. They didn’t take that into account though. 
 

Sorry for the unorganised message I’m just trying to reply quick while I can. 
 

thank you. 

 

[Ell-enn]

Hi there - I'm working at the moment but will have a look at what we can do when I get home - just wanted to let you know I've seen your post.   Are you receiving any benefits ?  if so it may mean you won't have to pay for the N244 fee.

 

Back in a bit

[Nikki-niks]

Thank you Ell-enn really appreciate it. 
 

I receive working tax and child tax credits. Would I be eligible to get help with the costs? I think I can borrow it (depending on the cost) if I have to pay it up front before Friday. 

[Ell-enn]

Hi this is the document explaining what benefits are applicable

/assets/static/govuk-opengraph-image-dade2dad5775023b0568381c4c074b86318194edb36d3d68df721eea7deeac4b.png

How to apply for help with fees (EX160A) - GOV.UK

WWW.GOV.UK

 

 

[Ell-enn]

this is the N244 form.  I can do a defence statement for Q.10 of the form and also give you instructions for completing it.

N244.pdf

[Nikki-niks]

OK I think I am eligible for help with fees. If not is it £275 to pay? I didn't realise it would be so much and I don't think I can borrow that. I'm on a laptop at the moment so I will do a bit more research and see whether or not I can get the help. I hope so!

 

If you could help me fill it out that would be amazing. I'm not sure what info to put apart from the claim details that came on the letter.

[Nikki-niks]

Actually is it £14? I'm not sure which one I'm doing

 

 

To defend an eviction order:
£14 (N244 application notice)

To vary or set aside an order that’s already in place:
£255 (N244 application notice)

[Ell-enn]

I'd ring the court  in the morning and check - they might need the information on the front page of the eviction notice

[Nikki-niks]

OK I will do that. thank you

[Ell-enn]

ok, I'll start drafting a statement.

You'll need copies of the following:

proof of the job offers and security timeline 

Letter you sent to Santander budget sheet

[Nikki-niks]

I don’t have a concrete answer for the time it will take for security clearance unfortunately. They said up to 8 weeks but I’ve seen online that it can take much longer in some cases. I think that’s what is going to be the problem. 
 

Do you need any info from me for the statement?
 

 

[Ell-enn]

I'll draft the statement from the info you've already given then let you say if it needs anything changing.

[Nikki-niks]

That's great, thank you.

[Ell-enn]

Hi, below are the instructions for completing the N244 and the statement to go with Q10 is affixed.  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)

 

complete the form as follows:

1.Name
2. Tick Defendant
3. Suspension of eviction
4. No
5. Tick at a hearing
6. 15 minutes
Agreed by all parties: No
7. Write - Not applicable
8. District
9. Both Parties
10. Tick box for attached witness statement
Cross out all options except The Applicant Believes
11 Sign and cross out all options except Applicant
Sign and cross out all options except Applicant. Enter your address and contact details.

 

Now assemble as follows:

 

N244 form, completed and signed

Statement – signed

Copy of letter sent to Santander
Budget Sheet

Copy of new job offer
 

Make sure it is stapled securely together. You will need to take a photocopy of it all for yourself so you have a set to refer to in the hearing. When you hand it in to the court there will be a fee to pay so make sure you take the eviction warrant with you.

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.

Nik Nik N244 statement.doc

[Nikki-niks]

Thank you so much. I will fill everything in and take it to the court. Hopefully I’ll only have to pay £14 but I will call the court in the morning to double check. Thanks so much for your help. 
 

[Nikki-niks]

Morning

 

Can you help me @Ell-enn

10. Tick box for attached witness statement
Cross out all options except The Applicant Believes
11 Sign and cross out all options except Applicant
Sign and cross out all options except Applicant. Enter your address and contact details

 

i don’t see the applicant believes on question 10 or 11. I selected no for question 11. This form looks different to the one I downloaded earlier so maybe the instructions you gave are for the other version?

 

I think I’ve done it all ok but just wanted to check that with you. 

[Ell-enn]

Hi,  the last part has changed slightly.

10. is correct you tick box for witness statement

11.  tick box for No

Statement of Truth - tick boxes for I Believe and Applicant  then sign and date

[Nikki-niks]

Hi Ell-enn I just wanted to give you an update. 
 

I dropped everything off at the court today. They gave me an envelope so I could drop everything into the box but said it would’ve been collected and actioned as today. Hopefully someone gives me a call tomorrow to take the payment which I’m hoping is £14. 
 

I called the court help centre number and the man said it was £275 but when I had spoken to Shelter last night they said it was £14. Really hoping it’s £14 or I’m out of luck. 
 

I’m not sure if you saw when I mentioned earlier about accepting the second job offer I received so that Santander have proof that I will be working. Do you think that’s a good idea? It might not even help but it also might   

 

I’m really anxious that this might not work and then I’ll only have a few days to pack my stuff. I haven’t started packing yet (I honestly wouldn’t know where to start) but do you think I should? I know you won’t have all the answers sorry but you’d have a better idea than me. 
 

I’m so worried that because the job offer is dependent on the security clearance it isn’t guaranteed and therefore not enough. 

[Nikki-niks]

I've just had confirmation that the hearing will be next Tuesday (16th May) at 12 pm. They called this morning and I paid the £14!

 

Unfortunately, there may not be any duty solicitors available on the day. The guy I spoke to was really nice, he suggested I get there around 11 to see if I could speak to someone as he wasn't able to confirm what days they are in.

 

Ell-enn, I'm a bit nervous about having to speak for myself, but should I just stick to what you've written for me in the statement? Will the judge even address me? Happy to get the hearing so soon but feeling a bit anxious now  

 

 

Edited May 11, 2023 by Nikki-niks

[Nikki-niks]

Just a little update...

 

I had my hearing about an hour ago and the judge sided with me and ordered that Santander accept my payment proposal of £150 towards the arrears. I cried as he said it 

 

I have been feeling very anxious over the last few days but Ell-enn kept reassuring me and made me feel at ease when I realised there were no duty solicitors to represent me. I was nervous about going in there but it wasn't a big courtroom or anything. Just a small room with a long desk and chairs. It definitely wasn't as scary as I thought it would be. 

The judge was incredibly understanding as well and gave me some words about my situation which was to be expected. 

 

Santander's solicitors sent someone to represent them, which I found a bit weird. He was very nervous himself, even before we got into the Judge's chambers. He was shaking when he was talking to the judge which I found a bit funny. I think I handled it better than him. The judge wasn't happy that he/they had rejected a job offer letter moments earlier so that went in my favour as well.

 

I was worried that in 16 days' time I would be homeless and have to explain to my family but with the help of the lovely people on this forum, my home is safe as long as I STICK TO WHAT THE JUDGE HAS TOLD ME TO DO! 

 

If you're in a similar situation then there is always something you can do. I know it might be overwhelming to deal with it but communicating with the lender goes a long way (as long as they are reasonable) and even if it gets to court stages you can still fight it! I am just over £15k in arrears so there is always hope as long as you can prove you can afford the payments and something towards your arrears. 

 

Thanks again Ell-enn and CAG  

[AndyOrch]

Well done and great work Ell-enn

[honeybee13]

What a relief, NN. I'm so pleased for you.

 

HB

[London1971]

Excellent news

[Nikki-niks]

Thanks guys! 
 

Thank you Honeybee for your help as well