Santander/Eversheds repossession

[rachelle12]

Long story is due to illness etc we got into arrears with out mortgage again. I emailed Evershess a few times, a few which they ignored. They gave me 5 days to give them the requested information before they asked for a warrant of eviction as there was already a suspended one.

I sent the info and they ignored it, I got an repossession date on the 1st of this month.
I sent a proposal in on that date, and I'm still waiting for a response.

I'm 64 I explained I have epilepsy which can be triggered by stress, they promised to have an answer to my proposal Friday. They ignored me, so I called all day, eventually they apologised and said Santander bad misled them and it will be Monday.

Called Monday and still nothing, getting closer and closer to the date so I emailed the chairman and ceo.


Called Santander later that date who said they wouldn't give me a response now anyway as I've complained it's our of their hands.

I emailed back the executive complaints department then eventually called him, he as very dismissive said I'd have to wait a few more days extra and seemed to take delight in that.

I'm banging my head up against a brick wall. We can pay and clear all 10000 left on a 35k mortgage in October.

I've sent them medical proof and financial proof yet they seem to be taking great delight in delaying it. They've had the proposal for over 14 days now.

[Openlaw15]

Re: Santander/Eversheds repossession

Long story is due to illness etc we got into arrears with out mortgage again. I emailed Evershess a few times, a few which they ignored. They gave me 5 days to give them the requested information before they asked for a warrant of eviction as there was already a suspended one.

I sent the info and they ignored it, I got an repossession date on the 1st of this month.
I sent a proposal in on that date, and I'm still waiting for a response.

I'm 64 I explained I have epilepsy which can be triggered by stress, they promised to have an answer to my proposal Friday. They ignored me, so I called all day, eventually they apologised and said Santander bad misled them and it will be Monday.

Called Monday and still nothing, getting closer and closer to the date so I emailed the chairman and ceo.


Called Santander later that date who said they wouldn't give me a response now anyway as I've complained it's our of their hands.

I emailed back the executive complaints department then eventually called him, he as very dismissive said I'd have to wait a few more days extra and seemed to take delight in that.

I'm banging my head up against a brick wall. We can pay and clear all 10000 left on a 35k mortgage in October.

I've sent them medical proof and financial proof yet they seem to be taking great delight in delaying it. They've had the proposal for over 14 days now.

It's a shame I never saw this problem previously. Although you have to pay your mortgage off, the court has a type of law that allows you certain discretions, to delay possession for residents, ie not commercial mortgages. If there is already a suspended possession order, the courts have stated that the most you can do in this situation is keep asking for a 'stay' (very temporary delay of the actual repossession. Having said that, the case comes from the Court of Appeal so the local County Court may not be up to speed with it. How much were the arrears originally when the court Ordered a possession? Were you advised at the time by the duty solicitor who are present in the court offering free advice?

[rachelle12]

Re: Santander/Eversheds repossession

It's a shame I never saw this problem previously. Although you have to pay your mortgage off, the court has a type of law that allows you certain discretions, to delay possession for residents, ie not commercial mortgages. If there is already a suspended possession order, the courts have stated that the most you can do in this situation is keep asking for a 'stay' (very temporary delay of the actual repossession. Having said that, the case comes from the Court of Appeal so the local County Court may not be up to speed with it. How much were the arrears originally when the court Ordered a possession? Were you advised at the time by the duty solicitor who are present in the court offering free advice?

The original amount was about three years ago for 8k which we cleared fully.

The complaints team are looking over the complaint am I right in thinking they have to put it on hold while they do so?


They won't decide until the complaints team have looked into it, which doesn't leave me much time

[Openlaw15]

Re: Santander/Eversheds repossession

The original amount was about three years ago for 8k which we cleared fully.

The complaints team are looking over the complaint am I right in thinking they have to put it on hold while they do so?


They won't decide until the complaints team have looked into it, which doesn't leave me much time

Did the company follow all the pre-action protocols under CPR... ie looked to see whether there were alternatives to possession proceedings? Did you have a lawyer there or was there a duty solicitor or other relevant professional at the court when the possession order was issued?

[rachelle12]

Re: Santander/Eversheds repossession

Did the company follow all the pre-action protocols under CPR... ie looked to see whether there were alternatives to possession proceedings? Did you have a lawyer there or was there a duty solicitor or other relevant professional at the court when the possession order was issued?

We had no legal help at the time we were out of the country trying to sell land to pay for the arrears.

The company have done nothing for alternatives except to constantly ask for income and expenditure which we have given multiple times and they denied we had

Meeee tot said we had 5 days to get it to them sent it on the third ignor d it and went for a warrant I informed them of my husbands medical situation possibility he may have had leukaemia and this seemed to spur them on, turns out he has immune thrombocytopenia.

[Anthony72]

Re: Santander/Eversheds repossession

Hi rachelle

Have they actually given you a date to quit?
I am asking not because I can help but because I think others will need to know in order to help

[rachelle12]

Re: Santander/Eversheds repossession

Did the company follow all the pre-action protocols under CPR... ie looked to see whether there were alternatives to possession proceedings? Did you have a lawyer there or was there a duty solicitor or other relevant professional at the court when the possession order was issued?

Hi rachelle

Have they actually given you a date to quit?
I am asking not because I can help but because I think others will need to know in order to help

25th

[Openlaw15]

Re: Santander/Eversheds repossession

25th

Hmm, 25 Aug 2016 - do you have a copy of the suspended Possession order, Rachelle?

[rachelle12]

Re: Santander/Eversheds repossession

Did the company follow all the pre-action protocols under CPR... ie looked to see whether there were alternatives to possession proceedings? Did you have a lawyer there or was there a duty solicitor or other relevant professional at the court when the possession order was issued?

Hmm, 25 Aug 2016 - do you have a copy of the suspended Possession order, Rachelle?

The original one? No unfortunately not

[Openlaw15]

Re: Santander/Eversheds repossession

The original one? No unfortunately not

Are you saying the original possession order was issued 3 years ago? Did the company prove you were in arrears by proving the arrears/ breach in court? It's normally the technicalities that are useful to challenge for the making of possession proceedings. Is there much equity in the property, if so argue the point that the property is secure and the law permits you the right to pay your mortgage off: equitable right to redemption.

A further point is that the court has discretion to delay executing a possession order: s.8, Administration of Justice Act 1973 (as amended). This is called equitable relief where the law is strict. However, I do recall a Court of Appeal case wherein the leading judge said that where the possession order has been issued that equity (ie the judge using his discretion) cannot step in to help you, instead the remedy is restricted to 'staying the execution' (ie delaying for a short time) of the possession Order, according the judge. I have to inform you of the law - not what you want to hear. So, if the bank's lawyer argues that since the possession order has been made but not executed that equity cannot assist based on the CA case president, it'll make things rather difficulty for you. It is worth a tab at in in my view though.

[rachelle12]

Re: Santander/Eversheds repossession

Did the company follow all the pre-action protocols under CPR... ie looked to see whether there were alternatives to possession proceedings? Did you have a lawyer there or was there a duty solicitor or other relevant professional at the court when the possession order was issued?

Are you saying the original possession order was issued 3 years ago? Did the company prove you were in arrears by proving the arrears/ breach in court? It's normally the technicalities that are useful to challenge for the making of possession proceedings. Is there much equity in the property, if so argue the point that the property is secure and the law permits you the right to pay your mortgage off: equitable right to redemption.

A further point is that the court has discretion to delay executing a possession order: s.8, Administration of Justice Act 1973 (as amended). This is called equitable relief where the law is strict. However, I do recall a Court of Appeal case wherein the leading judge said that where the possession order has been issued that equity (ie the judge using his discretion) cannot step in to help you, instead the remedy is restricted to 'staying the execution' (ie delaying for a short time) of the possession Order, according the judge. I have to inform you of the law - not what you want to hear. So, if the bank's lawyer argues that since the possession order has been made but not executed that equity cannot assist based on the CA case president, it'll make things rather difficulty for you. It is worth a tab at in in my view though.

It was three maybe four years ago.

Not sure if they proved anything, just received an eviction warrant

[Openlaw15]

Re: Santander/Eversheds repossession

It was three maybe four years ago.

Not sure if they proved anything, just received an eviction warrant

Rachelle, don't let them evict you without a fight. Can you show us the eviction warrant?

[rachelle12]

Re: Santander/Eversheds repossession

Did the company follow all the pre-action protocols under CPR... ie looked to see whether there were alternatives to possession proceedings? Did you have a lawyer there or was there a duty solicitor or other relevant professional at the court when the possession order was issued?

Rachelle, don't let them evict you without a fight. Can you show us the eviction warrant?

of course, how do I attatch it?

[Openlaw15]

Re: Santander/Eversheds repossession

of course, how do I attatch it?

Either copy and paste the details ..or instructions to attach things here: http://www.legalbeagles.info/forums/...122#post667122

[rachelle12]

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