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Help! How can I stop this eviction?!


demelzza
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I feel as though I am drowning!

 

Just come home to a warrant for possession of my home. Is there anything I can do...???

 

I spoke with the mortgage company earlier today, they tell me if I can make 2 months payments, and a little off the arrears, they think they can help, and I should go back to court (how?).

 

I will not be getting my earnings until the end of March, from my previous employer, but do have a new job, beginning in mid April, but no earnings of course for a month.

 

My house is on the market, much reduced with an interested buyer, but I don't see anything happening before 11 March.

 

I also wondered if I could auction it myself, would that help to persuade them to let me stay. I want out of here so much, but on my terms, so I do actually have a little something to start again with, and not lose it in a few days.

 

Anything anyone can suggest... please, I don't know what to do next.

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Have you had one court hearing all ready or are they just saying they will go to court for possession?

 

If you can make a payment with some towards the arrears in the future you should not lose your home.

 

Firstly dont panic or make an agreement you can not maintain untill you have explored your options with people on this forum.

Edited by jansus

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Ok, thanks...

 

This is the Warrant for Possession that was delivered to me today, giving me until 11th.

 

The company is Redstone and the arrears are five months.

 

There is just me in the house (and the cat and dog...;))

 

I work contracts and one company that has recently been taken over is paying me but promising one month, then I get less than expected, as they draw it out more. Next amount is due end of March. I have a new job in April, but no money until May and nothing to draw on now.

 

My bank had promised to take up the slack for me, some while ago, didn't, as I couldn't give them a completion date for a sale at that time, and so things have got worse.

 

I have had an offer on my house today and there is plenty of equity in it now. Of course I won't have any signed contract by 11th, but would the court let me stay in the house do you think ...?

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Hi there, you need to apply to the court for a hearing to suspend eviction. You do this on an N244 form which you can download 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. You can then go to the page to download the form.

 

I can help you with a statement for Part 10 of the form which is the important part and also give you instructions for completing the rest of the form.

 

You then need to take the form to the court and pay a fee of £35.00. You will be given a date and time for a hearing.

 

If you are able to demonstrate to the court that you can pay something towards the arrears each month in addition to the normal monthly payment then you will be ok.

 

Don't panic - you have come to the right place to get help:)

 

Kind Regards

 

Ell-enn

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Thank you so much Ell-enn... but not paying anything until the end of March, won't that cause a problem...? I can pay a little off the arrears as well. Before this arrived today I spoke with Redstone, who I felt tried to be helpful.

 

Oh, I have just noticed, Saturday, I got a notice from the court telling me the proceedings had transferred to Brighton, from Eastbourne, as the case was heard in the wrong court to begin with. Now this letter, has come from Eastbourne again. Where should I take the completed form... Brighton or Eastbourne?

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You can ring the court in Eastbourne in the morning and ask them. When was the original hearing for possession? did you attend court?

 

Ell-enn

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OK, how much can you afford to pay towards the arrears each month in addition to the normal monthly payment?

 

Do you have a letter confirming your new job?

 

What was the reason for the arrears? (the judge will want to know).

 

You will need to submit a budget sheet with the N244 and I have affixed one to this post for you to complete. It's best to print one off and "practise" on it first before completing a final one. Remember that the amount you are offering towards the arrears in addition to the normal monthly payment should be the amount left over after everything else has been accounted for.

 

Ell-enn

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What order did the judge give in November i.e. what did you agree to pay each month?

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Ooops, budget sheet did not attach. Should be on this post

Budget Sheet.xls

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Yes I have a letter about the new job, it is only from April to October but it is 'additional' and helps no end with a frightening mortgage of £2k a month! The sooner I am out of here the better, but I need it to be on my terms if possible...

 

Where do I find the attachment please? Sorry to be dim, I am new to this.

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Just click on the link in my last post

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I had to pay the monthly payments and ... I can't find anything about the arrears, I have mis-placed something here obviously...

 

Thanks so much for this budget sheet, scary looking thing! I will go away and work on it quietly.

 

What do I do for Q10?

 

Thank you so much Ell-enn

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Once you've done your budget sheet, let me know what you can afford and I will start to write the statement for Q.10.

 

Ell-enn

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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Yes I have a letter about the new job, it is only from April to October but it is 'additional' and helps no end with a frightening mortgage of £2k a month! The sooner I am out of here the better, but I need it to be on my terms if possible...

 

 

Thats the spirit. Even if you have to sell eventually you need to keep control of the costs and Selling Price if at all possible and so if this gives you a few months breathing space to do that you will be in a better position. Also you will have a much better chance of selling for the best price possible (in the circumstances) if the house is occupied.

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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I am so sorry... on top of everything, I have had no computer for two days!

 

I have all but filled out the forms and need so much to get them to the court tomorrow, as my date for eviction is the 11th!

 

I have received a firm off on the house today, but of course, nothing that says it will complete in anyway.

 

Ell-enn I have 58.00 over after all the figures are done, anything you can help me with on Q10 would be so much appreciated.

 

Thank you so very much everyone.

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Affixed is the statement for Q.10 you will need to fill in the case number etc at the top. On the budget sheet you need to write the case number on the top left hand corner and Appendix 1 on the top right hand corner. Take a copy of it all for yourself as you will need to take one with you on the day of the hearing to refer to.

 

Make sure everything is stapled securely together before you take it to the court.

 

Have you filled out the rest of the form correctly? below is a guide:

 

1. Your name

2. Tick Defendant

3. Suspension of eviction to allow sale to complete & 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 attached witness statement

Cross out all options except I Believe

Sign and cross out all options except Applicants

11. Sign and cross out all options except Applicants. Enter your address and contact details.

 

 

Any questions, just shout.

 

Ell-enn

Demelza Statement.doc

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  • 7 years later...

Hello

 

I have finally received the paperwork from my mortgage company after 12 months and my SAR.

 

There is a mountain to wade through as you might imagine, but the first thing I have noticed is that having taken possession of my home, my mortgage company still charged me for my mortgage payments and arrears for the same until the property sold four months later.

 

I am looking to see what I might be able to claim for. Obviously excessive charges for failed payments. Arrears charges too? I am just uncertain.

 

Thank you.

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Threads merged...please can we keep everything in connection on one thread....even if there is an 8 year gap

 

Regards

 

Andy

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