HL interactive/Santander

[scorpio stu]

If something was produced in court like a statement pack from the other side am I legally allowed to have a copy of it ?

[scorpio stu]

We have recieved a letter today stating 'We write with reference to the direct debit that is set up on the account.

Please note that the current direct debit is not collecting interest on the arrears,which is included in the contractual monthly instalment.If you do not contact our offices wihin seven days from the date of this leter we will request Santander to increase the direct debit to collect the correct amount to prevent the arrears increasing.

 

When I was in court this was never mentioned , all that was spoken about was the contractual monthly payment plus £100 per month to be paid off the arrears. If I had been told in plain English that the monthly figure was going to be plus the interest on the arrears (which equates to approx £60 more per month) I would have reduced the offer from £100 to around£50 so I could pay the £100 including any interest.

I have called the solicitor and the robot said that it's all in the terms and condition's ie small print.

I feel that this is now never going to end. They have said if we don't increse it to include the arrears we will be in breach of the court order. Maybe it is in the pack somewhere but why was this not explained to us earlier.Why have they let us pay a figure plus £100 for the arrears and the tell us we are wrong ?

Any help would be appreciated.

Stuart

[scorpio stu]

Firstly we do not have a dd set up , I have it on a bill payment which means that the time my wages go into the my account the mortgage is taken immediately rather than waiting for a dd to go through which we find unreliable.

[Ell-enn]

Hi there, got your PM re the above. You are not in breach of the court order - the court ordered you to pay £100 per month and that is what you are doing. Tell them that if they insist on increasing the payment you will apply for a hearing to have the payments lowered. Alternatively, you could keep making the payments as you have done and see if they have the balls to take it back to court - I don't think so somehow as you are adhering to what the court ordered !

[scorpio stu]

hanks Ellenn,

Just spoken to The solicitor again. Funny how it can make such a huge difference who you speak to..first was a robot and this lady empathised and knew exactly what I was talking about. I did explain the situation and she said the best bet is to go back to the court and have a word with the advisor there to explain. She said it is quite common for this to happen and I said well why don't you make it clearer then ratehr than putting more stress in to the pot.

She said that if we go back to court and explain they will accept the reduced payment of£50 and can pretty much guarantee that they will capitalise the arrears after 6 months.

[Ell-enn]

I don't suppose she said she'd put that in writing ?

[scorpio stu]

Sadly not

[scorpio stu]

An update on the situation.

We are now one payment off meeting the full mortgage plus the interest and agreed £100 per month extra. They have agreed that once the next payment is made on time they will consolidate thearrears onto the mortgage and legaly will be arrears free. Two questions if anyone knows

1. Does the suspended posession order get wiped out and ifso how do we arrange that

2. Has anyone in their experience been able to do a fixed rate mortgage with the bank after that is registered clear from arrear's ? it would just mean we know where we stand and not possibly get in the same fix again.

Thanks in advance

[Ell-enn]

Once there are no arrears you can apply to the court to have the suspended order lifted. However as the lender has to agree to this, it's best to wait until you have made a few months payments after the arrears have gone, just to show you can maintain a normal payment pattern.

[scorpio stu]

Thanks Ell-enn , sorry I haven't replied recently but have been away working.I have just recieved an email from the solicitors stating they have passed the file to Santander for consideration of capitalisation. We have been told by the solicitor that there is generaly no problems with Santander agreeing to this. They have also said that the suspended possesion order will last for the term of the mortgage,but the ordered amount only needs to be paid if the account is in litigation ? I'm confused , I wish they would explain this in plain English.Surely if the arrears are capitalised they are theoreticaly paid and our monthly payment adjusted. If the order is going to hang over our heads for the next 18years I won't be able to cope with the pressure of knowing that. Also I pressume that if this is going to stand then it will also effect our chances of getting a new fixed rate to secure our future. Has all this hard work and court appearance been in vain ? If we can't secure a new deal then there is a good chance the rates are going to increase and our payments will then become un-manageable again and repossesion will be on the cards.Sorry if this sounds defeatist but I stupidly thought we were getting somewhere.

[Ell-enn]

Hi, once capitalisation has taken place and you have made around 6 months payments, you should apply to the court to have the suspended possession order cancelled.