Advice please mortgage repossession

[jbfb]

Due to ill health I fell into arrears on my mortgage I attended a county court hearing at my local court hearing. I was informed by Santander’s solicitor not to worry that this would be a legal hearing to arrange a payment plan for the arrears however once I was in the court the attending solicitor tried to get a 28 day repossession on my house. I was represented by my local council’s legal department it was duly noted at the hearing that in August 2010 I would go on base rate when my fixed rate term comes to an end. The agreement of the hearing was that we had to pay £65 in arrears each month on top of my monthly mortgage payment and the repossession was suspended.

 

The court hearing was in March 2010 which left 4 months of fixed rate mortgage payments at 5.8%. In August 2010 I received a letter detailing my new payment schedule however the letter stated my mortgage had only decreased by £40 per month. I rang Santander to query the new mortgage amount they informed me that my monthly payments were on standard rate which was 5.25% and not base rate which was 0.5%.

 

Whilst on sick leave I was made redundant at work this left me with major financial constraint. The DWP now pay 30% of my mortgage interest but this still leaves me with a massive shortfall in my monthly payment. I carried on paying the mortgage (which was set at a rate of 5.2%) up until recently, I have fallen into arrears with my monthly payment again I have been told that they are now filling for a possession order and am now awaiting a 28 day eviction notice.

 

What I would like to know is at the original hearing it was duly noted that my mortgage would change to base rate, if I was on base rate for the previous 4 years i would not be in the position of losing my home. Where do I now legally stand? I have been told that base rate should have been applied. I would appreciate any feedback thank you.

Edited November 20, 2014 by jbfb

[citizenB]

I will leave a message for site team to look in on you - it will likely not be until tomorrow now.

[theoldrouge]

it sounds like you are on a standard variable mortgage rate

 

you will need to check your t&cs of your original mortgage agreement

 

no provider would offer a mortgage at base rate

 

it would be base rate plus a rate as outlined in your t &cs

 

just as an example base rate plus 2%