Santander Eviction Process Being Messed Around

[PlanB]

Re: Santander Eviction Process Being Messed Around

the outstanding balance is roughly 41,000 with arrears of 5,345 and about 5 years left to run, our mortgage should be 550 a month, they want me to pay 950 to clear the arrears, each month, plus the original 1400 off of the balance.

If your arrears are £5,345 and you have 5 years left until the mortgage expires you should be entitled to pay off those arrears over the remaining term which means the payments would be around £89 per month (assuming interest is not being charged on those arrears which it shouldn't be). How dare they bully you into paying £950 per month with threats of eviction :rant: That repayment schedule would clear the arrears in less than six months which is not reasonable and I'm confident that a court would agree with me.

There is a legal precedent which says the lender should accept clearance of the arrears over the life of the loan. It's Cheltenham & Gloucester vs. Norgan here: http://www.bailii.org/ew/cases/EWCA/Civ/1995/11.html

You need to make an application to the court to get that suspended possession order varied. Your local CAB or Shelter representative will help you to do this. Did you go to the repossession hearing or did the lender bully and frighten you into agreeing the order by consent? I bet they did.

Read Loki's thread because she went through a similar nightmare yet when she got to court the judge gave the lender a right telling off, lowered her payments and made them pay her costs too

http://www.legalbeagles.info/forums/...214#post389214

[PlanB]

Re: So so scared santander repossession please help

I contacted the fos who said they would be in touch with them but probably couldn't do anything for 8 weeks, not sure if it has anything to do with them but after emailing several different people at santander they've agreed to cancel it and are calling me tomorrow to discuss. Not exactly sure what the outcome will be

The FOS takes a hard line with lenders who don't treat customers fairly with arrears and repossessions. From what you say they have intervened and hopefully will get legal proceedings put on hold while they investigate this nonsense. You may even get an agreement to reduce those monthly repayments through the FOS without the need to go to court, but you will still need to get the original court order varied to reflect this.

Here are some FOS success cases to cheer you up: http://www.financial-ombudsman.org.u...e-arrears.html

Your lender will put you under pressure on the phone today. Take a deep breath and tell them you would need to have everything put in writing. Tell them you are seeking legal advice. Tell them you want to spread the arrears' repayments over the remaining term of the mortgage. If they refuse then ask them to put their refusal in writing stating their reasons.

Is this a repayment or interest only mortgage? From what you've said I suspect it's a repayment mortgage. You could ask for it to be changed to interest only for 12 months which would lower the payments even more. If they refuse then ask them to put this in writing stating the reasons for their refusal.

What you'll be doing is building evidence to show to a court

[PlanB]

Re: Santander Eviction Process Being Messed Around

Payment was sent from my daughters account in October of 1950 that months mortgage payment plus the agreed 1400, since then they've told me they never received the money, she has asked her bank ( Halifax ) to do a trace on the payment that we are still currently waiting for. On and off talks with head of complaints Michelle Caines, she asked me to send proof of it leaving ( which i have done ).

Two days ago, I received a call from Michelle, telling me not only had they not received the payment from October, but they hadnt had the mortgage payments from nov and dec either. These too where due to go from my daughters account. I have been trying to look into this

It seems as if the payment may have left your daughter's Halifax account but not arrived at the dedicated Santander mortgage account. It could be something really simple such as a wrong reference number which means it's sitting in a suspense account within Santander somewhere. They will find it.

I'm not sure it's such a terrible thing that Santander have been in touch with the Halifax because at least this means that they are both co-operating on the investigation of the missing money trail. I expect they are comparing notes on the dates and times of this particular transaction and they won't be discussing anything else in your daughter's account so no privacy issues. You sent Santander the Halifax documentary proof of a payment and they are following this up. Try to see this as a good thing because it means they believe you instead of accusing you of not paying and blagging it.

The following two monthly payments have not arrived either but it's unclear whether they have also left your daughter's account. This could turn out to be a blessing in disguise if you get those horrendous arrears' payments reduced and don't have to pay that £4k the lender is seeking However I would pay those two core mortgage payments (not arrears) as soon as you can if you know that the money hasn't left your daughter's account and she can afford it.

I hope you get these payments drastically reduced because you have a new addition to the household in May and babies are expensive. I know that because I've had one myself and she still costs me at small fortune at 28 years old !