Re: Santander Eviction Process Being Messed Around
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
Originally posted by rachellegordon123
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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
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