Santander/Eversheds repossession

[rachelle12]

Re: Santander/Eversheds repossession

Are you going to submit an N244 ?

Already have done

[Fred]

Re: Santander/Eversheds repossession

Already have done

Apologies.........................will "butt out".............( I did not read the "whole") chin up though, you are not lost yet.

[Fred]

Re: Santander/Eversheds repossession

:hug:
wishing you all the best Rachelle!! You're in good hands with @Diana M xx

In good hands very much agreed................please have a little faith rachelle12.

[rachelle12]

Re: Santander/Eversheds repossession

In good hands very much agreed................please have a little faith rachelle12.

Thank you everyone.

mum won't be attending court as she's contacted her builder who owes her money in Greece to tell him of the situation.

hasnt had a reply yet, the land was sold a while ago and the builder has the money due to the Greek banking laws he's given her half over the last year but told him we need the rest and if not all the rest to cover the arrears

going to send a letter to the court explaining that and that's where she is flies out Sunday back Tuesday

so if they don't see in our favour hopefully this will come through

[Diana M]

Re: Santander/Eversheds repossession

I'm glad to see you and Mum are communicating about this once again. You've been very much alone dealing with the problem and you're doing great.

Can you persuade your Mum to at least write a Witness Statement for the court? It doesn't have to be anything fancy, it can be like a letter to the Judge.

Just put the county court name on the top left, the claim reference number on the top right, and Santander Claimant v Mum & Dad (enter names) Defendant underneath . Then put Witness Statement of Mum below that. At the end she must sign and swear it.

She needs to tell the court the situation in her own words. That will help to compensate for her absence in court on Tuesday. If she tells the court she won't be at the hearing on Tuesday because she's flown to Greece they may not be happy since it implies she's got her priorities wrong .

The bottom line is she's breached the terms of that Suspended Possession Order so she needs to tell the court why and what she intends to do about it. When she was unable to pay what was ordered she could have made an application to vary that order, but she probably didn't know that.

What the court will want to see is evidence of a workable solution to the problem. Promises of a payment from a third party (builder in Greece) may not be enough. But your offer to pay (and your sister's willingness to do the same) ought to be considered. It may make sense for you two to file a WS as well with evidence to support it (bank statement or pay slip etc). The court can't order you or your sister to pay so you're asking the DJ to rely on a promise from someone who is not party to these proceedings but it's got to be worth a try.

You've also said that Dad is due to go back to work soon. Can he evidence that with a letter from employer ? And can he be persuaded to write a WS too?

Then file those WS (all four) with the court and serve/send them (by fax) to the Claimant's solicitor asap.

It's hard work for you all but sometimes problems don't just go away - you have to MAKE them go away.

Even the best lawyer in the world doesn't have a magic wand. The power to solve this is in your very capable hands

Di

[rachelle12]

Re: Santander/Eversheds repossession

Yes I can do all that.

None of that's a problem.

Would I make sense taking them to the court myself?

I will leave out the Greece thing, my already had one month pay and I filed pay slip with the n244

[Diana M]

Re: Santander/Eversheds repossession

Yes I can do all that.

None of that's a problem.

Would I make sense taking them to the court myself?

I will leave out the Greece thing, my already had one month pay and I filed pay slip with the n244

Good Morning Rachelle

It's a very good idea to take them to the court to file them in person. Take copies with you and ask the person on the desk to stamp them as received (keep those to show/give to the DJ at the hearing in case he hasn't been given them).

Maybe leave out the bit about flying to Greece but include any evidence of the money owed.

I don't know the sums involved but would Dad's pay cover the mortgage monthly payment so the DJ need only worry about the arrears (£10k)?

I'm off to work now but as you can see you've got a lot of support from the Beagles who are cheering you on. You are not alone.

Di

[rachelle12]

Re: Santander/Eversheds repossession

Dads pay fully covers the mortgage and even he proposed monthly instalments.

she isn't flying out until we have an answer guaranteed.


weve also had an email from my dads work saying his pension is redeemable in coroner to the value of 22k pre tax

[Diana M]

Re: Santander/Eversheds repossession

Dads pay fully covers the mortgage and even he proposed monthly instalments.

. . . . we've also had an email from my dads work saying his pension is redeemable in coroner to the value of 22k pre tax

*phew*

Yesterday you had a fright when you were faced with the harsh reality of the situation .

Today you're beginning to solve the problem

Di

[rachelle12]

Re: Santander/Eversheds repossession

Won't be redeemed on time but hopefully they can see what's happening

[Diana M]

Re: Santander/Eversheds repossession

hopefully they can see what's happening

Hopefully they will see a close knit family which is pulling together in a crisis.

Don't forget to mention the children who are living there including their ages (you have a two year old).

Di

[rachelle12]

Re: Santander/Eversheds repossession

Hopefully they will see a close knit family which is pulling together in a crisis.

Don't forget to mention the children who are living there including their ages (you have a two year old).

Di

I submitted the information suggested to

My mum has written a statement saying she's sorry she can't attend her medical reasons why etc shown proof of my dads medical appointments.


shes apologised to Santander and said she hopes her proposal is accepted and she can start a fresh. Only three years left on the mortgage so would really like the opportunity to put things right.


rxplained about the lodger situation and the fact two children are living there too.


i will be going to court to see what happens will they allow me in? I'm aware they won't let me speak but I'd like them to know someone from our family has turned up and we are taking it seriously

[Kati]

Re: Santander/Eversheds repossession

tagging [MENTION=87380]Diana M[/MENTION] for advice

GOOD LUCK [MENTION=31892]rachelle12[/MENTION] :grouphug: xx

[Joanna C]

Re: Santander/Eversheds repossession

Rachelle12 as you have not provided us with sight of any of the requested documentation we are unable to advise you further.

I therefore strongly suggest that as Shelter have already helped you with your application that you contact them today. I would also suggest that you arrive at court early tomorrow, with signed letters of authority from your mum and dad authorising you to speak with the Duty Solicitor on their behalf. Take your mobile telephone with you so the duty solicitor can speak direct with your parents if required and ask them to be on standby while the hearing is progressing.

We wish you well tomorrow and hope that you achieve a favourable outcome.

[Diana M]

Re: Santander/Eversheds repossession

I've heard from Rachelle and it's good news

Today in court the Warrant for Possession was suspended so there will be no eviction on Thursday.

Well done Rachelle, you dodged a bullet (for the second time!) by staying focused throughout the nightmare. Your Mum & Dad should be proud of you.

You might want to contact the bailiffs' office at the court tomorrow to let them know that the eviction has been stopped so that no bailiffs turn up at the property due to internal miscommunication.

Have a nice holiday - you deserve it.

Di