Home Repossession ...... please advise & help!

[Don4071]

Hi.

Ok here goes.... Our mortgage is in my husbands name with Santander. His contract finished August 2011 and consequently we've struggled to pay the mortgage.

Earlier in the year I got a job and my husband offered Santander £250 pm instead of £650 per month. We made a couple of payments however we continued to get chased for the money and when my husband spoken to them explaining that £250 was all we could afford Santanders response was "well pay it but it will do you no good".

My husband has a history of depression and couldn't cope with the stress and consequently stopped speaking to the mortgage company or paying the £250 as he felt why bother if 'it isn't going to do me any good".

Additionally, we've been trying to apply for beneifts but keep getting told the wrong things which has only delayed extra income coming in.

I've come to realise in the last few weeks how bad things have got and have stepped in to manage things however, a court date of this Friday 27th July has been set. I spoken to Santanders solicitors and proposed a re-finance agreement, and a family member has offered to help pay and large portion of the arrears if Santander are willing to come to an agreement of suitable monthly payments until my husband is working again.

I've got to prepare a DEFENCE and don't know what to say that will put my husband in the best 'light' with the judge. I DON'T WANT TO LOSE OUR HOME.

Can anyone help please!

[Bill-K]

Re: Home Repossession ...... please advise & help!

Hi again, Don. It looks like you have decided to 'take the bull by the horns,' and try and get this sorted before your home is put at risk. It looks like you have made a very good effort at trying to turn this round, and I think you need to make sure that the court knows all about this. Also, I think just being honest about your husband's depression, and the paralysis this can cause, should help to get the court's sympathy. Play the innocent victim, and don't throw any unnecessary insults. If you are defending yourselves personally, then a decent judge will take this into account.

BUT - if you can continue to liaise with Santander's sols positively, then this will also put you in a good light with the court, as you are genuinely attempting to resolve this issue before it gets to court (termed 'Pre-Action Protocol'). It may well be a 'cliff-hanger' ending, but it seems possible that the Friday hearing can be avoided.

[Ceejaylo]

Re: Home Repossession ...... please advise & help!

Don't concentrate on " putting your husband in a good light". Just tell it how it is. Write a time-line, it may help you to keep on track when presenting your defense. What, when and and why things happened.... then what you are able to do about it. Be realistic. Don't offer more than you are certain you can stick to over a long period of time. Second chances are more difficult to come by. Write a budget statement of your income and outgoings, again, be realistic..

You say you have family who are willing and able to help financially until your husband is able to work. It would be very helpful to get their exact offer in writing so you can present it was part of your evidence. As would anything that proves your husbands depression... it's a bit late to get a doctors letter, but if hubby is on medication a copy prescription or the medication itself?? You don't say if you have children. If you do, take along proof... child befit, birth certificates or medical card. Courts are VERY reluctant to grant a possession order anyway, but especially if children are involved. Take along proof of your wages, normally 3 months wage slips or BACS payment.

Don't be intimidated of the Court, they will help you present your case. The thought of going to Court is far more stressful than actually going to Court. You will be fine.

Good luck, keep us informed of what happened CJ

[bluebottle]

Re: Home Repossession ...... please advise & help!

Although I am a Santander shareholder, I do not take kindly to customers being treated in the way you and your OH are, Don. Do you know which office is dealing with this? Is it Bradford or Milton Keynes? Either way, their attitude is wholly unacceptable and unreasonable. This should be brought to the attention of the court. Courts do not take kindly to claimants who behave unreasonably towards defendants. Also, can I suggest you try and obtain pro bono legal representation, either from your local Law Centre or the Bar Council Pro Bono Unit.

[wales01man]

Re: Home Repossession ...... please advise & help!

In court the judge will be understanding and will make a decision on the facts before him the claimants solicitor if like the one in our case will try to paint the blackest picture but no doubt the judge will see through it all if the facts regarding payment in future look ok the judge no doubt will grant a postponment
our judge put the girl solicitor in her place and despite us admitting we could not clear the arrears and continue paying the mortgage gace us 4 months to sort it all we came away knowing we would lose our house but could hold our heads up high courts are there to mediate not to intimidate remember the judge has heard and seen it all before ey are not taking sides but make decisions on the facts presented before them we came through it all there is light at the end of the tunnel PLEASE not worry yourself into a breakdown thinking of the case Saying that best of luck

[missfoxee]

Re: Home Repossession ...... please advise & help!

Having faced repossession three times in 10 years now I know only full well what the banks are capable of my last case which was on the 16th January was extremely morose, I have 3 mortgage payments, one is the actual mortgage itself and the other two are secured loans that my ex partner took out for the total sum of £23,000, which I am paying and will be for the rest of the term of the mortgage which is only till 2018 ( thank God )well I had arrears on all 3 the mortgage was £500 approx and the other two well one was for £40 and the other was approx £158 that was all it was but because I have in place ( thank you ex btw) a suspended repossession order from the last one back in 2007 apparently according to them if I default at ANY time they can haul my ass back into court and take my house away from me which is what happened this year well actually I was surprised at what happened next, it was a busy day for the courts esp around just after Christmas time as many people had run up credit etc. over the festive period and therefore the court was full with repossessions that day , so many so, that they had a court appointed duty solicitor who was seeing everybody that day including me, the solicitors shoesmiths who were representing the court and had been sending me by post pages and pages of letters I would say approx 1000 sheets of paper were used to "inform me that I was a very naughty girl" and that they will be in court, were never there that day but a young lad from HSBC was there on behalf of the bank, the duty solicitor looked at the amount that I owed and said " repossession for THAT amount??? how much can you pay towards the arrears? I replied £50 a month? will that do? he then said "that is more than enough also tell the judge that you have tried contacting the bank ( which I had) and they will not speak to me as they have to speak to my ex partner who btw has not lived at my address for 10 years and the trouble I have as I am deaf to contact them by phone and the letters that I had written to various "mortgage centres" owned by HSBC bank across the UK which I did......I went into court and the Judge was not happy that this matter had even been considered for a trial in fact his words were to the effect of " why are we here today surely you could've saved mine and the lady's time if you had conversed with her about the arrears when they occurred " the judge was so hacked off with the banks spokesperson that he didn't even make an order for me to pay the banks solicitors costs ( although they have tried to get me to pay their costs which is over £600 soooooo the moral I suppose to this story is this
Try and sort it out with the bank first make an appointment if you can to see a mortgage advisor, make notes of every telephone conversation, copies of every letter you send, plans that you have made to try and rectify the situation including a repayment proposal ( which should be sent to the bank) and keep calm and carry on, most judges do not want repossessions unless all avenues have been exhausted first and most of all Good Luck