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Repossessions Tell us your repossession story or seek help here


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Old 1st August 2008, 11:19   #1 (permalink)
4dam
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Default Repossession on the 5th August

Hi all hope someone can help me very quickly.

I have a repossession order on the 5th august for my house.

I have phoned up the DB mortgages solictors and offered to pay them £1400 off the arrears then to pay double what i would pay each month until i clear the areears off(about £5500). My monthly payments are normally £630. A bit about the history of how i got into this situation. I 1st started to miss payments towards the end of last year because of the CSA had re assed my case and decided i had not been paying enougth. so they left me really short off cash for a few months. DB mortgages got a repossession order around april. I made a aggrement with them then. paid some arrears off and then only made one payment. When out of the blue the CSA came along and took more money from my wage after reasseing and saying i owed loads again(£2650).

Any help on how i can stop this repossession on such short notice.

Pleas help very desperate
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Old 1st August 2008, 12:39   #2 (permalink)
Ell-enn
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Default Re: Repossession on the 5th August

Hi there, firstly calm down - there is always something we can do.

When you say you have a repossession order for 5th August - do you mean an eviction order?

If so you are going to have to get down to the court and enter a N244 form (I can help you fill that in)

Need to know exactly what the order says

Kind Regards

Ell-enn
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Old 1st August 2008, 13:02   #3 (permalink)
4dam
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Default Re: Repossession on the 5th August

it is a notice of eviction

warrant for the possession of the property to take place on the 5th august 11am
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Old 1st August 2008, 13:07   #4 (permalink)
Ell-enn
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Default Re: Repossession on the 5th August

OK, we'll need to move fast - but it can be done.

You need to lodge a N244 form at court this afternoon you can download it here: Her Majesty's Courts Service - Home. Select Forms and Guidance from the menu on the left hand side and enter N244 in the box. It will then take you to the dcreen where you can download the form. Do you have a printer?

Also, the fee for entering this form is £35.00

The court should be able to get you a hearing before the judge on Monday - which you must attend (not as scary as you think, but we'll come back to that lbit later).

Let me know when you have the form and I will give you the instructions for filling it in.

Is the mortgage in joint names?

Kind Regards

Ell-enn
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Old 1st August 2008, 13:12   #5 (permalink)
4dam
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Default Re: Repossession on the 5th August

ok


I have the form downloaded, ready to fillin

Thanks for this help ell-enn
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Old 1st August 2008, 13:14   #6 (permalink)
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Default Re: Repossession on the 5th August

No Problem, happy to help

is the mortgage in joint names?
do you have any children living at home?

Ell
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Old 1st August 2008, 13:18   #7 (permalink)
4dam
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Default Re: Repossession on the 5th August

No my name only and no one else lives at the address
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Old 1st August 2008, 13:21   #8 (permalink)
Ell-enn
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Default Re: Repossession on the 5th August

OK, this is the instructions for the Form. If you can fill in all except 10 - I will post the text for that bit in a minute (will need some more info from you for that).

Boxes on the top right hand side – you will find the information for those on the eviction order.

Rest of the form:

1. Your name
2. Tick Defendant
3. Suspension of eviction order – payment proposal offered.
4. No
5. Tick at a hearing
6. 15 minutes
Agreed by all parties: No
7. Write - Not applicable
8. District
9. Both Parties
10. Tick box for Evidence Set Out Below (I will post the text for that separately, it may not all fit in the box
Cross out all options except I Believe
Sign and cross out all options except Applicant
11. Sign and cross out all options except Applicant. Enter your address and contact details.



Back in a mo..

Ell
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Old 1st August 2008, 13:31   #9 (permalink)
4dam
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Default Re: Repossession on the 5th August

when it asks for the claimants name do i give the mortgage company or there solictors and what ref no do i give my mortgage account no
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Old 1st August 2008, 13:35   #10 (permalink)
Ell-enn
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Default Re: Repossession on the 5th August

I have sent you my mobile no by PM - please give me a call so we can sort it out quickly - you need to get it to the court this afternoon and I have to go out in 10 minutes for about an hour.

Ell
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Old 1st August 2008, 13:52   #11 (permalink)
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Default Re: Repossession on the 5th August

You will also need to do an income and expenditure sheet to go with the form : you can download one here: National Debtline, for FREE CONFIDENTIAL and INDEPENDENT ADVICE call 0808 808 4000.


Affixed (below) is the text for question 10.

Remember to enter the claim number and your name at the top & on the income & expenditure sheet write the claim number and Appendix 1 at the top.

I'll be back by 2pm if you need anything else.

Kind Regards

Ell
Attached Files
File Type: doc 4Adam N244.doc (29.5 KB, 8 views)
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Old 1st August 2008, 19:33   #12 (permalink)
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Default Re: Repossession on the 5th August

Hi, any news on a hearing?
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Old 1st August 2008, 21:45   #13 (permalink)
4dam
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Default Re: Repossession on the 5th August

Hi ya

I had problems with my printer I ended up going to a internet cafe to print out. And when I got down to the court they could not take it as i was to late. I will need to go back 1st thing monday morning. i paid db mortgages like you advised but not sure if now i will get it sorted before tuesday morning. what is worrying but will still try neverless.

Do you think i have left it to late now?

Worried that i have.
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Old 1st August 2008, 21:58   #14 (permalink)
Ell-enn
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Default Re: Repossession on the 5th August

It should be OK, but you will need to be at the court 1st thing Monday morning! be prepared to wait there as you may get a hearing that morning/afternoon. Or you may have to travel to another court in the area if they are too busy to get you in.

Get a mini statement over the weekend which shows the payment made today and also look out some wage slips.

Will you be able to get your printer working over the weekend?

Try not too worry too much (easily said I know) but I have been involved in a couple of cases where the hearing was on the morning of the planned eviction and they were OK - the judge lets the bailiffs know not to enforce the warrant.

The hearing itself is fairly informal, it will be conducted in a private room with just yourself, the judge and a representative for the other side (if they've got time to arrange it). As it's your application for a hearing, the judge will ask you to speak first - they are usually pretty good with litigents in person (that's you lol) and will guide you through the process.

If your arrears are now approx £4k and you are offering to pay £370 per month towards them, it's not going to take long to clear them so you'll get a suspension I'm sure.

Stay positive - you'll get there

Ell-enn
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Old 3rd August 2008, 16:34   #15 (permalink)
4dam
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Default Re: Repossession on the 5th August

hi ya

sorry not been on but spent most of yesterday trying to sort printer all done now. And got called out to work last night.

Right you say get out a few wage slips out how many?

I be going down 1st thing tommorrow to the court what else will i need to take? And what else should i do to prepare myself?
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Old 3rd August 2008, 16:48   #16 (permalink)
Ell-enn
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Default Re: Repossession on the 5th August

Hi there, you need to affix the wage slips to the sheet for Q.10 and then get a photocopy of it all as you need to retain your original payslips - does your printer photocopy? the court might do one for you, but just to be on the safe side you should try to get one before you go - newsagents etc usually have copying machines.

Checklist -

N244 form filled in and signed
Attached sheet with details for Q.10 (make sure your name and claim number written on the top)
Attached budget sheet (make sure claim number and Appendix 1 written on the top)
Attached wage slips (photocopies) - take originals with you.
Attached bank statement showing payment you made on Friday.

Photocopy of all documents.

£35.00 fee (preferably cash)

You need to get there for the court opening in the morning in the hope that they can fit you in tomorrow. With any great deal of luck you will get a slot tomorrow which will mean that the mortgage company may not have time to organise anyone to represent them

Kind Regards

Ell-enn
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Old 3rd August 2008, 19:17   #17 (