Santander Eviction Process Being Messed Around

[rachellegordon123]

Sometime in October I was issued with an repossession order, with a date of repossesion and everything, I contacted the ceo at Santander, who palmed me off to the complaints department. My defence was that eversheds were less than forthcoming in getting back to me regarding any emails I had sent, they agreed to accept a payment of 1400, with payments then made each month after with 400 on top. And they cancelled the repossession.

Payment was sent from my daughters account in October of 1950 that months mortgage payment plus the agreed 1400, since then they've told me they never received the money, she has asked her bank ( Halifax ) to do a trace on the payment that we are still currently waiting for. On and off talks with head of complaints Michelle Caines, she asked me to send proof of it leaving ( which i have done ).

Two days ago, I received a call from Michelle, telling me not only had they not received the payment from October, but they hadnt had the mortgage payments from nov and dec either. These too where due to go from my daughters account. I have been trying to look into this, but my daughter is pregnant, in hospital with high blood pressure and a threatened miscarriage, so getting her to the bank and to talk to them is difficult at times.

I am most angry that I have since received a letter stating she contacted Halifax who have said they payment was never debited from her account, obviously I need to look into this, but my main concerns are the fact its taken 3 months to be told mortgage payments hadnt been received and that halifax/santander have discussed her account without permission from her? I am very confused at how this is even legal?

Obviously I am still in arrears, and the letter states that she will start the litigation process again, my question is where do i stand? How long will it take for her to get an reposession order and eviction order?

I feel as though if this is a fault on halifax or even our part for wrong details or something, how do i resolve this?

Is it possible to contact her now, and ask to set something in place while we look into it? Such as extending the mortgage over one year so the arrears are decreased or something,

My daughter lives with me, and is pregnant so repossesion is terrfying the both of us.

[Amethyst]

Re: Santander Eviction Process Being Messed Around

How is the payment being made from your daughter's account ? Is is by Direct Debit or Standing Order? and does she have online banking that you can log into a check if the payment has left her account, and the details it is set up to go to?

[rachellegordon123]

Re: Santander Eviction Process Being Messed Around

I'm not sure if its a standing order but there is a payment being set up each month to go out, not sure if its just a transfer. I've since logged into her banking and can see the original payment went but nothing for nov or dec.

If its not gone for any reason, and its my fault I understand that I need to sort it and it needs to be paid, but I am utterly confused as to how shes contacted halifax about my daughters account without her authorization and why Ive only just been told payments from last year have been missed.

I am doing my best to get hold of halifax on her behalf, but wondering how i can stop the repossession process in the mean time.

I've also contacted the fos now as I haven't been informed about the payments I speak with the lady in charge atleast twice a week and shes been tracing payments with the mortgage department, so I dont understand why I have only just been told. Also the fact the banks have conversed about her account with no permission.

Maybe they can do that and I am being very naive, and I should have noticed the payments didn't go, but with my daughter in hospital and unable to check its been very difficult and I presumed if there was a problem we would be told, silly on my part.

[rachellegordon123]

So so scared santander repossession please help

Got into arrears with my mortgage, managed to get a cancelled eviction as long as I agreed to pay 1400 plus my mortgage paymets with 400 on top.


Payment was made from my daughters Halifax account, however I never received confirmation so I chased it up. Turns out they hadn't received it but hasn't bothered o tell me.


Still I the process of finding out where it went however on the 6th of January I found out that santander had not received my payments for November or December either, and that the complaints manager had contacted my daughters bank who apparently confirmed payment had not been debited ( is this even legal? )


ive contacted the fso aAsia don't see why when I speak to the woman in question daily she had not bothered to tell me. They've said they want to look into it which could take up to 6 weeks, but santander are in the process of applying for a repossession warrant a d won't wait.



what on earth can I do?

[SpringerSpaniel]

Re: So so scared santander repossession please help

Is there a possession order suspended on terms following a previous court hearing ?

[SpringerSpaniel]

Re: So so scared santander repossession please help

If the payments to Santander for the mortgage were not made, is that money still in your account or your daughter's account ?

[rachellegordon123]

Re: So so scared santander repossession please help

Is there a possession order suspended on terms following a previous court hearing ?

Their words where the following, but she has since contacted me to say they are int he process of issuing a warrant of possession, then an appointment of possesion.

We note that you have since contacted our offices, and that the eviction scheduled for the 4^th November 2013 having been cancelled, with an arrangement having been agreed for the repayment of the arrears on your mortgage account.

[rachellegordon123]

Re: So so scared santander repossession please help

We have since realised the mortgage payments for nov and dec are still there. Have offered to bring that up to date, however the fso have now got involved and she has said they would need the 1400 from october too, which is no longer there and still getting trace details on it, they aren't prepared to wait for either

[SpringerSpaniel]

Re: So so scared santander repossession please help

If your home is at stake, you should if at all possible get face to face legal advice.

Shelter's number is on this site, and you could also check if there is a law centre near you - www.lawcentres.org.uk - where you can get free advice and possibly representation.

If you send any communication to your lender, make sure it is sent recorded delivery and you keep a copy.

[PlanB]

Re: Santander Eviction Process Being Messed Around

I've asked Site Team to merge your two threads to make things easier all round

If you've not been served with an Eviction Warrant by the court with a specific date and time the bailiffs will call then there will be no eviction.

You need to clarify whether you have a repossession order already. When you say the "repossession was cancelled" do you mean the hearing was adjourned indefinitely or there was a hearing which you didn't attend and a suspended possession order was granted?

If you are being asked to pay £1,400 towards your arrears in a short space of time then you can apply to the court to vary that suspended possession order (if it exists) to something far more manageable.

I will be back tomorrow to explain more

[PlanB]

Re: Santander Eviction Process Being Messed Around

I am still in arrears, and the letter states that she will start the litigation process again, my question is where do i stand? How long will it take for her to get an reposession order and eviction order? .

^^^^ this post gives me hope that you may not already have a possession order on your home. Lenders have to abide by certain rules before they can make an application to the court to repossess a property. Santander has a reputation for breaking all those rules

Can you tell me whether this is a repayment mortgage or an interest only mortgage? How much are the arrears in total? How many years are there left to run on the mortgage term?

Please reassure your pregnant daughter that this will be sorted When is the baby due? Judges are most reluctant to evict pregnant woman. If you haven't already told Santander that there is a pregnant woman living in the property then you should do this asap.

[PlanB]

Re: So so scared santander repossession please help

I've replied to your other thread here

http://www.legalbeagles.info/forums/...512#post400512

[PlanB]

Re: So so scared santander repossession please help

Their words where the following, but she has since contacted me to say they are int he process of issuing a warrant of possession, then an appointment of possesion.

We note that you have since contacted our offices, and that the eviction scheduled for the 4^th November 2013 having been cancelled, with an arrangement having been agreed for the repayment of the arrears on your mortgage account.

Having read this post it looks as if there may already be a suspended possession order on your property since there was an eviction scheduled for last November which was cancelled.

I think you need to make an application to the court to get that order varied so that the payments towards your arrears can be drastically reduced. Can you post up details of that order so I can point you in the right direction.

[rachellegordon123]

Re: So so scared santander repossession please help

I have since had any order they have gone for cancelled, I contacted the fos who said they would be in touch with them but probably couldn't do anything for 8 weeks, not sure if it has anything to do with them but after emailing several different people at santander they've agreed to cancel it and are calling me tomorrow to discuss. Not exactly sure what the outcome will be, think they want me to bring any shortfall up to date which would be in the region of 4300 which is inpossibke

[rachellegordon123]

Re: Santander Eviction Process Being Messed Around

I have told them, they've been made aware the whole way through.

They say they have since cancelled the repossession order they are going for and will be in touch tomorrow, I must admit I emailed every person going including chairmen and the CEO.


She is due in may, the outstanding balance is roughly 41,000 with arrears of 5,345 and about 5 years left to run, our mortgage should be 550 a month, they want me to pay 950 to clear the arrears, each month, plus the original 1400 off of the balance.

I have two questions, are they allowed to obtain information regarding my daughters transactions with a different bank without her permission?

Secondly I asked why its taken this long to notice November and Decembers payments has been missing, and was told it wasn't up to santander to tell me.


there was an order in October with a date for repossession, after I complained about poor communication ( reoccurring problem ) they " cancelled " the eviction.