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Repossession, 6 months pregnant. Terrified.

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  • #16
    Re: Repossession, 6 months pregnant. Terrified.

    Thank you for your help, its nice to know there are people out there trying to help.

    I've just sent the email, I stated what you said I should, I also reminded them of the time I agreed to pay the mortgage plus 300 and they agreed, only to get a call back an hour later saying they wanted 100 more a month.

    I've told them I am now willing to fight this all the way.

    I don't think they'll agree to it, but atleast I have made them aware of my intentions, I sent it to the ceo, a chairman, some others that are quite high up I have previously emailed these though.

    I also pointed out, until last year a payment had never been missed and would like to get back to that.

    The arrears last year, bar the missing payments are down to us, and we accept that but our attempts to resolve it with a reasonable amount are being ignored.

    Everytime I talke about this and get a little more stressed about it he kicks me, very aware that I'm not happy which has got to me today.

    I don't honestly think I'll get anywhere, and even if shelter suggest taking the thing to court and doing the susspended order I know my mum will not go, I have already asked her, shes burying her head in the sand, is there anyway I could go on her behalf and do it?

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    • #17
      Re: Repossession, 6 months pregnant. Terrified.

      If your mother doesn't go to the hearing then she will lose her house. She has to go. You can go with her and you can ask the court to let you speak on her behalf as a McKenzie Friend. The judge doesn't have to allow this but most do. Since you are heavily involved in the case (because you've been making payments etc) I would expect the judge to grant you permission. Nevertheless she needs to be there.

      http://england.shelter.org.uk/get_ad...representation

      I may have mentioned in an earlier post that there could be a free Duty Solicitor available at the court if Shelter can't/won't provide one for the hearing. You are ages away from needing to decide all this. Chill

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      • #18
        Re: Repossession, 6 months pregnant. Terrified.

        How long is ages? I only ask because in the worst case scenario, if given 4 weeks I may be able to get the full 3000 they have agreed to, however if it goes back to court, because I missed the agreed date 15th, will they want the full 6?

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        • #19
          Re: Repossession, 6 months pregnant. Terrified.

          to stop proceedings i mean

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          • #20
            Re: Repossession, 6 months pregnant. Terrified.

            Thank you for your PM. I don't have a crystal ball to tell you how Santander will react to your offer. All I can do is tell you the options available to both sides.

            They have said that they may apply for an Eviction Warrant on or after 15th February. The minute that happens (and hopefully it won't be necessary ) you can apply to the court to get that warrant stopped/adjourned/set-aside/cancelled for various reasons and the court will list an urgent hearing.

            You've made Santander an offer (did you include the mortgage account number on the email since it's in your mother's name?). Wait to see what they say to that. The bank doesn't work at the weekend so please stop fretting because you'll achieve nothing except more upset at a time when you should be putting your feet up.

            I feel you've reached a point where you need professional legal input and I'm sure Shelter will help you This is the kind of thing they do all day every day so they know every trick in the book n how to defeat bullying banks.

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            • #21
              Re: Repossession, 6 months pregnant. Terrified.

              I was just wondering in general how long these things take to go through thats all, thanks.

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              • #22
                Re: Repossession, 6 months pregnant. Terrified.

                Originally posted by rachellegordon123 View Post
                I was just wondering in general how long these things take to go through thats all.
                I wish I had an answer for you but I don't. All I can say is that they take a lot longer once you start to throw curved balls at the mortgage company. That's why I think you should make an application to vary the SPO to a more manageable amount. Ask Shelter how to do it and if they can't help (which would flabbergast me) then ask your local CAB for an urgent appointment so they will help you complete the necessary paperwork.

                I know you want to resolve this amicably with Santander but it seems that they have demonstrated no interest in co-operating with you so far. I know you don't want your mother to go through the ordeal of a court hearing but I'm afraid that's looking like the only option available to you.

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                • #23
                  Re: Repossession, 6 months pregnant. Terrified.

                  Well, they (Santander) appear to of help but they can't find your payments. However, another well-known rogue, trouble-maker and distorter of the truth is involved here - Halifax. Forgive me if I've missed it but do you have actual proof that those monies left your Halifax account and went to the correct account number at Santander? Make SURE those transfers left Halifax and went to the correct account! If so, then Santander should be able to find the payments, unless, of course, they have allocated the money to another account you hold with them? I'm just puzzled as how they've gone missing from a mortgage account. Banks are allowed to redirect/take savings/funds you have and allocate them to any account you are overdrawn or have arrears on and if these funds didn't go to the mortgage account it needs to be ascertained exactly where they went to.

                  Don't worry, all this will get sorted. And it's good that you have Shelter on your side. And the Beagles!

                  It has, sadly, been proven over that last few years that banks are more keen, nay determined, to evict homeowners and recoup some of their investment, no matter how little that is compared to the market value of the house.

                  Comment


                  • #24
                    Re: Repossession, 6 months pregnant. Terrified.

                    Thank you all for your help.

                    I have proof of the original 2000 leaving yes, halifax are saying they are trying to trace it, santander have been to their accounts and said nothing has come in, i've provided details that i put on the transfer and all is correct.

                    As they have been so keen on ignoring me and forcing me to agree to payments we can't make, I am taking it that they won't accept my offer I sent to them yesterday, which was to spread it over the remainder of the mortgage.

                    I am not holding my breath, more often than not my emails are ignored, I even got to one stage with Michelle Caines who replied to my email, which had nothing rude malicious etc in it stating she was no longer prepared to respond to me via email, she said she had sent a letter out on the 10th of Jan, which unsuprisinginly I never received, I asked why she was not willing to respond when I hadn't been rude, she just replied I am not saying you have been rude and that was it.

                    I am acutely aware time is running out, and while my bf is self employed and hasn't got much funds our best bet is trying to gain funds through him, he will be very annoyed and upset but I know he will try to help its just wether we can get credit

                    Random question does anyone know if they accept payments via credit card? I only ask because he has one with 0 percent interest on it for a while. And either way could pay it back in whole in March, but there is only 1000 on there, can get 700 cash. So I am about half way there, utterly terrifying, waiting to hear what shelter say, but in the mean time trying to get the funds asap.

                    Thank you all for your replies, sorry if I am annoying anyone, Just so many questions going round my head.

                    Comment


                    • #25
                      Re: Repossession, 6 months pregnant. Terrified.

                      Originally posted by rachellegordon123 View Post
                      Random question does anyone know if they accept payments via credit card? I only ask because he has one with 0 percent interest on it for a while.
                      Yes, most lenders will let you pay your mortgage by credit card but I would only do that as a last resort if/when you get close to that 15th February deadline without getting this sorted.

                      You're not annoying anybody, that's what we're here for However I won't be around for a bit so I'll leave you in everyone else's capable hands.

                      Comment


                      • #26
                        Re: Repossession, 6 months pregnant. Terrified.

                        Would like to thank everyone who has taken the time to respond with such good advice.


                        I sent the suggest emails off, over the weekend to all and sundry, made it painfully obvious that due to the stress this has caused me and possible negative effect it was having on me and my baby, if we could not come to some sort of agreement then I would be prepared to fight them tooth and nail in the court.

                        Stated all their faults etc.

                        And today I have this reply.

                        Dear Ms Allen

                        I write in relation to your recent emails in respect of your mortgage arrears.

                        We are very keen to assist you and as you know have made a number of agreements with you about how you could pay the arrears. To date these agreements have not been met.

                        Having said that, and as you're clearly experiencing difficulties we would like to speak to you about an affordable repayment plan and about how we can help you.

                        We have tried to speak to you today, calling both your home and mobile numbers.

                        If you are happy to go through an Income and Expenditure assessment, can you please let me know? If agreed, I can ask colleagues in our Collections team to speak to you on a number and at a time that is convenient for you.

                        Once we have more information, it is hoped we can reach agreement about how to proceed.


                        Now, I am feeling very relieved, although its to my mother I am dealing with it on her behalf, I don't know wether I am feeling prematurely more calm, maybe I should still be a bit cautious, because who knows they may still decide repossession is the best option, but they seem atleast willing to talk over things now.

                        They are calling me today at 4 to go through and income and expenditure then she will get back to me on how best to proceed, I am wondering if they think we haven't got enough to clear in the time frame they would like then they may proceed regardless. I am feeling a lot calmer now though, and even if its only for a few days so be it.

                        I have my fighting head on now, and I am not going to let these push me around any longer, its not fair that they expect em to clear sruch a high amount from the arrears especially when I have made it obvious if we do so, we have no money for food electric etc, and then nothing for travelling to work, so couldn't earn anymore for the next months payments.

                        Thank you all for listening and letting me vent, I am feeling very teerful now, but for more positive reasons.


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                        • #27
                          Re: Repossession, 6 months pregnant. Terrified.

                          Just another update they have agreed to spread the arrears, which now stand at just over 6600 over 2 years which means an increase of 380 on top our mortgage amount each month.


                          I am so so happy, and have never felt more relivied, I had noticed the stress had started to cause my hair fall out.

                          I urge anyone who finds themselves in a position such as mine exacerbated by the mortgage company to tell them know exactly where they have failed, since sending the suggested email by plan b they haven't argued with a single point i've made.

                          Thank you everyone for your help

                          Comment


                          • #28
                            Re: Repossession, 6 months pregnant. Terrified.

                            Originally posted by rachellegordon123 View Post
                            they have agreed to spread the arrears, which now stand at just over 6600 over 2 years which means an increase of 380 on top our mortgage amount each month.

                            I am so so happy, and have never felt more relivied, I had noticed the stress had started to cause my hair fall out.

                            I urge anyone who finds themselves in a position such as mine exacerbated by the mortgage company to tell them know exactly where they have failed, since sending the suggested email by plan b they haven't argued with a single point i've made.

                            Thank you everyone for your help
                            Just when you thought this nightmare was all over (in February 2014) it's reared its ugly head again on your new thread here > http://legalbeagles.info/forums/show...645#post669645

                            You beat them last time so let's hope you beat them again

                            Di

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