Repossession Hearing - Santander ***Suspended***

[Ell-enn]

Hi, you should go to the hearing if at all possible - if you don't you will have no idea what the lender tries to get the judge to agree to.   There is nothing to be afraid of at the hearing it's just like a meeting.  

I  don't understand why they ate applying for a judgement when you have been paying consistently - or have you missed any payments?

[Ell-enn]

sorry, double post

[Ell-enn]

OK,   well I think you should definitely enter a defence - I can help you with that - there is absolutely no reason for them to ask for a suspended possession order when you have made all payments under the arrangement.  How many months mortgage payments does the arrears figure represent ?

[Ell-enn]

Did you get notification from the court of the hearing on 20th December ?  if so you should have a defence form in the pack - N11M.

[Ell-enn]

Did you get notification from the court of the hearing on 20th December ?  if so you should have a defence form in the pack - N11M.

 

That's unusual -  however we can just do a defence and you should hand it in to the court at least a week before the hearing.  Do you have a printer and able to edit Word documents ?

[Ell-enn]

You need to keep on at the court as they will have to obtain the agreement of the lender to change the date and I wouldn't count on them agreeing - in which case you will need to ensure you can have the time off to attend.

 

In order to draft a defence I need you to answer the following:

 

Is the mortgage in joint names or just you own ?

Are there any children living in the property ?

How long has the mortgage left to run ?

How long has the agreement to repay the arrears been running ?

Do you have written confirmation of the repayment arrangement?

 

[Ell-enn]

Hi, thanks for the info.    I have affixed a budget sheet which you will need to affix to the defence so the judge can see that you are able to afford the payments you have agreed to make (the budget sheet calculates automatically as you fill it in)    Please let me know when you have completed it and I will complete the defence statement.   You will also need to affix a photocopy of the letter of agreement for the payment arrangement.

NY Girl budget sheet.xls

[Ell-enn]

Hi, thanks for letting me know.

Just one more thing -  what was the reason for your falling into arrears ?  the judge will want to know the background and how you came to recover the situation.

[Ell-enn]

OK, thanks - I'll post up the defence statement and instructions shortly.

 

[Ell-enn]

Hi,   affixed is the statement for court. 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)

 

-  on the top left hand corner of the copy letter write the Claim Number and on top right put Appendix 1.

- on the top left hand corner of the budget sheet write the Claim Number and on top right put Appendix 2.

 

Now assemble as follows:

Statement – signed

Copy of letter regarding payment arrangement

Budget Sheet 

 

Make sure it is stapled securely together. You will need to take a photocopy of it all for yourselves so you have a set to refer to in the hearing.

Hand it in to the court at least 7 working days before the hearing. 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.

If you really have to post it then send it Special Delivery so they have to sign for it.

 

Please let me know if you have any questions.

 

Ell

 

NY Girl statement.doc

[Ell-enn]

No problem,  happy to help.  Just make sure you get to the court early on the day of the hearing and ask about any free legal advisors.

 

Let us know the outcome too

[Ell-enn]

Yes, I'm afraid they will write to any other party with security on the property and they write to the council as a matter of course although what good it would do unless you were out on the street I've no idea but I guess they try to look as if they are caring (huh).

 

The fact they haven't mentioned the arrangement agreed just shows why you need to give the court as much information as possible - you never trust lenders where your house is at risk.

[Ell-enn]

Also, as Andyorch said - the part of the letter you affixed is just a generic load of words lenders use, again to look as if they are trying to help you.  

I don't think there is much to be gained by talking to Santander at this stage - I guess they will just say they wish to proceed with the hearing but will  accept a suspended possession order , however that's the judge's decision not theirs and we have asked for dismissal.

The lender will try to secure their position with a suspended possession order as it makes it easy for them to go for eviction if you only miss just one payment under the order.

 

Stay strong - it will soon be over

[Ell-enn]

Of course you're nervous, everyone who has been in your situation feels the same.  However,  let me explain the court process, it might make you feel a little better -

The hearing will take place in a room, much like a meeting and not like you see on TV with a judge and jury.  There will only be the judge, youself and a representative for the lender.   The judge will address  both parties to start with - usually giving his understanding of the case - it's important not to interrupt the judge whenever he/she is speaking, they will let you when they want to hear from you and you should address them as Sir/Madam.  It should all be over in 10 mins or so.

 

If you can get to the court early ask the usher if there are any duty legal advisors there, if so approach them and discuss your case- they can come into the hearing with you for support.      The representative for the lender may approach you and try to get you to agree to some other arrangement (usually to their advantage) - I would strongly advise you not to get into conversation with them, just say you'd rather wait for the judge to decide.

 

If you have any questions at all, or just want to chat - please let us know, we're here to support you

[Ell-enn]

Hi, did you get the paperwork to the court OK ?

[Ell-enn]

That's cutting it a bit fine - you'll need to check with the usher at the court when you get there on the day to make sure they've put it in the file for the judge.

[Ell-enn]

I certainly wouldn't email it at this late stage - they probably won't read it in time.....   courts are usually pretty slow at processing emails - both answering queries and dealing with those they receive.

[Ell-enn]

Hi,  if you can't get a postponement and don't attend the hearing - the Claimant will get a  possession order by default - hopefully the order would be suspended - this means that provided you make all payments on time nothing will happen, but if you make only one payment late or miss it they can immediately ask the court for possession.    

 

It really is in your best interest to attend.

[Ell-enn]

You must be very relieved  

Was it the bundle from the Claimant that was missing ?   I assume you got your paperwork to court in time?