Santander/Eversheds repossession

[Anthony72]

Re: Santander/Eversheds repossession

You can email them to kati

I think it is kati@legalbeagles.info but not sure
[MENTION=49370]Kati[/MENTION]

[Kati]

Re: Santander/Eversheds repossession

You can email them to kati

I think it is kati@legalbeagles.info but not sure
@Kati

well remembered xx

Of course [MENTION=31892]rachelle12[/MENTION] can email photos of any docs to me (with a link to this thread or username so I know where they have to go ) ... I could redact and post up tomorrow morning seeing as it's my 2yr old terrors bedtime now xx

[rachelle12]

Re: Santander/Eversheds repossession

I've done so. Thank you.

Should add add this is my daughters account, will come from her email too

[Kati]

Re: Santander/Eversheds repossession

Got it
@rachelle12 ... while I'm trying to post up this letter (the forum seems to be playing up a bit this morning @Amethyst ) it would be certainly in your best interests to contact Shelter in regards this notice (http://england.shelter.org.uk/get_advice/repossession). I notice the letter says that there are ways you can stop the eviction (Form N244 is mentioned) and Shelter would be able to assist you with that

I'm also tagging [MENTION=87380]Diana M[/MENTION] for you. She works for a solicitors firm and has experience in this particular field

K xx

[Kati]

Re: Santander/Eversheds repossession

....

[Openlaw15]

Re: Santander/Eversheds repossession

It's being difficult as I'm on my phone however the details are as follows.

notice of eviction.

with claim no and warrant number, explains what to happen and who tncontact the time and date 25th at 11 am.

The he court has issued a warrant for possession of the above property Walt the request of the claimant. The warrant gives a county court bailiff the authority to evict you and hand over possession to the claimant. This notices tells you the time and date etc. Says in some cases the court can suspend the warrant and postpone the date and to put in ann244 if you're having difficuly funding somewhere to live. And who to contact if you can pay off any arrears

Removed because the opinion was wrong, as the bailiffs are coming already so there's no court hearting unless Rachelle makes an court application. Thank you [MENTION=49370]Kati[/MENTION] for spotting this.

[Kati]

Re: Santander/Eversheds repossession

Rachel in this urgent situation, you don't need to worry about court procedure, just turn up on the day and request either 'postponement of possession' under the judge's discretion (at equity); or, if that fails, ask for 'stay of the execution' of the Possession Order. This is what the notice means in legal terms. There will be someone in the court either a legal representative or someone from Citizens Advice Bureau there.

But ... the court has already issued the warrant OL

She'll need to fill in the N244 to suspend it asap (hence my suggesting Shelter) xx

[Openlaw15]

Re: Santander/Eversheds repossession

But ... the court has already issued the warrant OL

She'll need to fill in the N244 to suspend it asap (hence my suggesting Shelter) xx

If they feel up completing N244 Form or a waiver applies, it's at least playing safe anyway. The remedy is to seek an adjournment, in my view anyway. The court in this urgent situation, as I would view the situation, is likely to see this as exceptional circumstances. We had a similar situation to this a while back on here. It was sufficient for the man to turn up to court as it also was an urgent situation. Rachelle is however is in an existing/ current cause of action not a new one, so the court is already aware of the situation. Any type of motion (communication) to the court via email for instance may be preferable than completing an N244 Form, which is around £255, or free if on income related benefits (waivering). The circumstances are dire for Rachelle because they're affected by illness. So, in my view she has better case than the gentleman I provided my informed opinion to. The court has to make reasonable adjustments for disabled persons in any event. It's leaving things till the last minute though.

[Openlaw15]

Re: Santander/Eversheds repossession

But ... the court has already issued the warrant OL

She'll need to fill in the N244 to suspend it asap (hence my suggesting Shelter) xx

This guy got an adjournment just by turning up to court where has faced a possession order: http://www.legalbeagles.info/forums/...ht=moatmeister

He emailed afterwards and said his case was adjourned in the end.

[Kati]

Re: Santander/Eversheds repossession

This guy got an adjournment just by turning up to court where has faced a possession order: http://www.legalbeagles.info/forums/...ht=moatmeister

He emailed afterwards and said his case was adjourned in the end.

in that case, the OP had not yet received the repossession order tho', the court case was coming up (not already over) :noidea:

[Openlaw15]

Re: Santander/Eversheds repossession

in that case, the OP had not yet received the repossession order tho', the court case was coming up (not already over) :noidea:

I noticed that too. I just want to do some research to see if there is a way around the strict CPR rules.

[Openlaw15]

Re: Santander/Eversheds repossession

But ... the court has already issued the warrant OL

She'll need to fill in the N244 to suspend it asap (hence my suggesting Shelter) xx

Update: I believe an Application to suspend the Warrant, or vary the court order could be made: Form N245. Form N244 is too general as it is only a general notice but I suppose could be ok. On Form N244 there is an option however for a telephone hearing which may be better for Rachelle. Am not certain whether N245 Form applies or N244.

Here's the Form for N244. Click on N244 for Notice to court and N244 Notes (for guides): http://hmctsformfinder.justice.gov.u...t_forms_id=484

NB: print N244 Form off and complete urgently. Or fill in Form EX160 if you're on income related benefits to make a free court application. There are options for emergency applications, ie "Undertaking to Apply for Remission of a Court Fee or Tribunal Fee, or to Pay a Court Fee or Tribunal Fee for Emergency Applications Only: EX160B. There is also a general guide to completing Form Ex160, under EX160A

http://hmctsformfinder.justice.gov.uk/HMCTS/GetForms.do

Regardless, the Warrant needs to be suspended or an adjournment. After this, we can possibly raise the argument 'right to pay mortgage off' based on the court's discretion, and or Strike Out owing to the bank 'abuse of process.' It's abuse of process, because this could have been dealt with earlier by considering Rachelle's rights to relief under s.8, Administration of Justice Act 1973 (as amended).

Ok, Rachelle can do one of two things, either stop the possession order for 6 weeks under the hardship rule: section 89, Housing Act 1980, or argue it's an abuse of process by the bank. A stay of execution (a few week delay maybe) is the only alternative unless we can argue there has been an 'abuse of process' via a 'Strike Out' under CPR, which if proven could overturn the County Court Possession Order. An adjournment is vital.

[Diana M]

Re: Santander/Eversheds repossession

Hello Rachelle,

This is the correct way to deal with your situation.

You make an application to the court to (1) suspend the Eviction Warrant and (2) vary the Paragraph in the original Possession Order which says the Claimant will be granted possession in "X" days if the Order is breached (which it has been). You'll need a copy of the original Suspended Possession Order to identify it. You can ask the court to email you a copy by return.

You will need to file a Witness Statement with that application which states that you will be in a position to pay the lender £10k in October which will clear the arrears in full (as per Para 6 in your first post on this thread).

You will also need to attach (Exhibit) evidence of where those £10k funds will be coming from to back up your stance. Is it from an insurance policy or something?

You will need to attach a copy of the original Suspended Possession Order to your WS too.

I would include your health issues in the WS.

You will need help to fill in the application form and also the application for fee remission (which you appear to be entitled to). You may also be entitled to Legal Aid support (repossessions are one of the few areas of law where Legal Aid is still available in certain circumstances).

I strongly encourage you to contact Shelter (as Kati has previously suggested) today to get hands-on (over the phone) help with the paperwork. Ring Shelter's Free Helpline on 0808 800 4444 which is open until 8 pm on weekdays. The helpline is manned by staff who are fully trained in housing law and specifically in repossessions and evictions.

You may also wish to ring Shelter's Civil Legal Advice Helpline on 0345 345 4 345.

Here's a bit of background about repossessions from their website if you want to understand what is going on around you. You'll see that they are proactive in stopping repossessions > http://england.shelter.org.uk/get_ad...e_court_can_do

It's a worrying time for you but it's not an insurmountable problem

However you do need to engage with the process and I believe that your daughter is currently in contact with the lender on your behalf. (More on that later)

Di

[Diana M]

Re: Santander/Eversheds repossession

Should add add this is my daughters account, will come from her email too

When I saw your thread yesterday it reminded me of another "Rachelle" who had a similar repossession story with a thread on this forum in February 2014. It had a happy ending. At least so we thought.

She recently emailed me over two years later to say things had gone pear shaped again. Now I realize that this is your daughter. She emailed me again this morning to confirm it.

The backstory of the repossession is on this old thread but I think some of it may be relevant to include in your WS since there is a history of Santander not accepting viable offers which you have put forward.

Here > http://legalbeagles.info/forums/show...186#post407186

Congratulations on becoming a Grandmother since then too

Di

[Openlaw15]

Re: Santander/Eversheds repossession

It's being difficult as I'm on my phone however the details are as follows.

notice of eviction.

with claim no and warrant number, explains what to happen and who tncontact the time and date 25th at 11 am.

The he court has issued a warrant for possession of the above property Walt the request of the claimant. The warrant gives a county court bailiff the authority to evict you and hand over possession to the claimant. This notices tells you the time and date etc. Says in some cases the court can suspend the warrant and postpone the date and to put in ann244 if you're having difficuly funding somewhere to live. And who to contact if you can pay off any arrears

Rachelle,

I have been doing some research on court procedure. You need to complete the N244 Application Notice and use the terms "Stay execution of the Warrant" or "Suspension of a Warrant of Possession." If the County Court judge will not permit a Stay (ie delay possession further), and permits the bailiffs to take possession. You can appeal to Circuit Judges which apparently are located in a County Court in one of 7 areas of England. The Circuit judge has the power to over turn County Court judges on appeal even where you have been evicted: Hyde Park Funding v Ioannou [1999] CLY 4382 You just need proof you can pay the mortgage off in a 'reasonable time.' Paying the mortgage by October is likely a reasonable amount of time.