Mortgage Problem

[Redspike]

Hi,

We have got mortgage arrears. They were under control, and from our point of view are under control. We have done everything that we agreed with Santander credit controllers over the last 5 months or so.

We have overpaid our minimum over the last 3 months. They have agreed a payment of a further 3 months and then add the residual arrears to our mortgage balance. This is achievable and we should get there.

However they sent the file to litigation for possession in error. They have admitted the error and we have requested 3 times for confirmation that this was the case and demanded an apology. We have been recieving correspondence regarding the litigation, the last letter being a statement in litigation, recieved from them this morning asking us to get intouch if we have problems?. This has been going on for 6 to 8 weeks.

I called the solicitor involved about 2 or 3 weeks ago that Satander had sent this in error. She checked on the screen ( apparently their legal team have access to the credit controllers notes) The reason I called them was because I didn't trust Satander to do it themselves. I advised the solicitor to contact their client to confirm status of the account. She confirmed that she could see the recent notes on screen and that she would contact their Client ( Santander) and sort it out.

To date we have have no confirmation of the deal after numerous contacts with them. It looks as though the litigation file is still active.

Can they continue to do this without any recourse. I would say this is harrassment and mental torture?

Any advice on how to proceed?

I didn't know which section of the forum to post this so apologise if it is in the wrong place,

thankyou and best regards,

Redspike

[TUTTSI]

Re: Mortgage Problem

If you send to the data controller an SAR (subject accesss request) with £10 to Santander they will have to supply you within 40+2 days all the notes on your account + all information that they hold relating to this mortgage. This will also place your account in dispute whilst they deal with your request. Link to the SAR is here http://www.legalbeagles.info/forums/...ad.php?t=14196

Tuttsi

[Redspike]

Re: Mortgage Problem

Many thanks for the speedy reply. What are the implications of putting the account in dispute?

thanks

[TUTTSI]

Re: Mortgage Problem

Until they respond to your SAR they cannot take any further action. Also, this action will get you all the information on your mortgage account including the conversations and the notes which have been made. Please ensure that you ask for eberything that you want.

If they contact you to the contrary before you receive the FULL response to your SAR then you can just inform them of the SAR request has been sent and the date etc and that until you receive the information requested you are not in a position to respond.

I hope that this helps you.
Tuttsi

Many thanks for the speedy reply. What are the implications of putting the account in dispute?

thanks

[Redspike]

Re: Mortgage Problem

Many thanks, much appreciated

[scoobydoo]

Re: Mortgage Problem

I would also check your mortgage agreement to check on the lenders complaint proceedure - Then if you do not get things sorted out you can write an official complaints letter threatening that you will take matters further if they do not sort things out.

[Redspike]

Re: Mortgage Problem

Many thanks for the advice.
We have recieved confirmation today about our next 3 month agreement which is 3 weeks late from them. However officially their statement of litigation is still live. My wife wanted to phone them again, which she did. They told her not to worry about any legal letters and just to ignore them!!! I have SAR'd them and sent them a nice letter (not) to inform them that the account is in dispute and that I demand an explanation, giving them the option of saying whether they are or are not going for repossession. I have also said that I will charge them £40.00 for a phone call and £60.00 for any more letters that I have to write regarding this subject - see how they like it -lol.

I would like to see them try seeing as we have just recieved confirmation of our agreement from the other department. We'll see what comes of all this in the near future.. Sent registered post yesterday - am tracking progress.

My main gripe is the stress that these things can cause people. I have been in business many years and am pretty well informed - however if this had been for instance, an older couple who are not really in the know, this could have a tremendous effect on their state of health. Even I have been getting confused with Santander and their Credit Control Systems. They tie you in knots. I had a previous agreement, which we stuck to paying on the 27th of the month, which we continued to do. Then we got charged 40.00 one month for breaking the agreement - this was because our mortgage date was really the 5th and we were effectively 3 weeks behind. They didn't tell us this and we had to pay 2 months mortgage together to get them off our backs. There won't be many people out there who could afford to do this (just over £1600.00). They just want their money and they are not particularly bothered where it comes from, so long as they are paid. I don't believe their lies that they are there to help people. I have started fighting back with all my creditors. I have found fault with all of them. They don't seem to like it when we take control. Copy of letter below.

best regards,

thanks again
-----------------------------------------------------------------------------------------------

Santander
Litigation
Santander House (AHM226)
201 Grafton Gate East
Milton Keynes
Bucks
MK9 1AN



10th May 2010



For the Attention of Team Manager Litigation

Dear Sirs,

Re: Account Number:

With reference to your recent correspondence to myself and my wife I now inform you that this account is now in Formal Dispute, which stops you taking any further action on this account until matters are resolved to my full satisfaction. I, like you have costs, and I notify you now that expenses will begin to accumulate from the date at the head of this correspondence. You have had many opportunities to correct the status of this account, by telephone. My Charges are £40.00 per telephone call and £60.00 per letter, plus any other additional expense should this matter be pursued via litigation and Court.

Please find attached an SAR (Subject Access Request) to release all your data held on this account. I trust you will take the necessary steps to process this through your organisation.

I have worked with your Credit Control Department for many months and have stuck to any agreement we have had. I was informed that the account was sent to litigation in error – we are still awaiting confirmation of that and then I receive further correspondence relating to repossession today.
You still persist in sending me correspondence relating to litigation. I don't want to hear about internal errors or administration errors, which is not good enough.

What I demand from you is a statement that you are or you are not pursuing repossession. If not, I want a full explanation of how this has happened. I have spoken to your Credit Controllers on numerous occasions, who have tried to reassure us that it was an error and they were putting it right. - THIS CLEARLY HAS NOT HAPPENED

I expect a swift response to this letter within 7 days, one way or the other. I am taking advice at the moment and am considering putting the case to the OFT for further judgment. I have sent this correspondence by recorded delivery and I will monitor receipt of the same by your organisation.



Yours faithfully,

[TUTTSI]

Re: Mortgage Problem

It sounds like the right and the left hand do not know what they are doing.

At least now you have formally put your mortgage account in dispute and see what the SAR brings up. When I sent an SAR to Abbey there were all sorts of conversations recorded in note form.

Can I ask if you are you actually behind with your mortgage? and if so how many months are you in arrears?

Tuttsi

[Redspike]

Re: Mortgage Problem

Yes we have arrears. About 21/2 months, although we can't figure the dates out or the actual payment now (base payment) because they have sent us different figures. I also believe that they have got their dates mixed up. We made a previous agreement with them to pay on the 27th which we did. They then came back to us after that had expired and said our mortgage should be paid on the 5th of the month and we were therefore 3 weeks late. They charged us 40.00 and we had to pay 2 months mortgage in one month to shut them up. They have now agreed in writing (recieved this morning and 3 weeks or so late) that if we pay the next 3 months ok they will add the arrears to the mortgage. We have now formally changed the payment date to the 27th of the month. We get paid monthly always on the 25th.

I should be able to backcheck their notes with events and our payments when we get the details from the SAR. Our mortgage was about 935 per month then. we paid 500 in january, 1000.00 in february, 1000 in March and 1619 in April (and 3 days early). They charged us another 40.00 because I wouldn't fill in a debt statement, and when we did that they said on the letter that they would/could mark this on our credit file. Our mortgage has now dropped to 800 and something but we are waiting clarification and are not sure what the correct figure should be, although we do now know that we have to pay 935 for the next 3 months with the letter recieved this morning, but we don't know what is normal and what portion is paid off the arrears. We have had correspondence from them with differing figures. That's why I stated on the last post that I have been really confused with them. It makes me wonder if they have made an error somewhere along the line - I can't understand how they can send an account to litigation in error. They have verbally admitted that and the Credit Control Manager said that she retracted the file back from legal herself. That was over two weeks ago and we got another legal yesterday which is when I lost it with them and sent them the letters. When my wife rang them last night Credit Control advised her to ignore the legal letters. She then told them I had SAR'd via their legal department and put the account into dispute to which they retorted that if we didn't pay in would be sent legal???? They didn't know what a SAR was??? She also requested speaking to the manager again but couldn't get through this credit controller. Thats the sort of messing about we are having.


best regards and thankyou

[TUTTSI]

Re: Mortgage Problem

There is no reason why they cannot add the arrears to your mortgage. There is the case of Norgan v Cheltenham & Gloucester have a good read here.http://www.google.co.uk/url?sa=t&sou...CQk4yqo6z0I20Q

This is where the you can spread the late payments over the remaining term of your mortgage. With our mortgage we were 3+ some months in arrears due to surgery and we managed to spread this over 4 years and we are in our final year now of repayment and will be pleased when this is now fully paid.

Tuttsi

[Redspike]

Re: Mortgage Problem

Many thanks fior the advice and link,

best regards