Thread: Help me!!! Warrant for eviction 7/7 - N244 hearing Friday

Hi

Can anybody help me please?

Have 2 mortgages - main one with Stroud & Swindon for £80k and took out another one with Black Horse for £25k

Black Horse took us to court last year and the judge suspended the eviction, Black Horses solicitor was a shambles, brought a different loan agreement to the court and couldn't prove we hadn't paid, when we had , the judge agreed for us to pay an additional £100pcm to clear the arrears of £4500.

Youngest son got meningitis (not really an excuse not to pay, but worry extremeley worrying). Blk Horse sent a representative around in Feb, who went through a budget with us, he said our outgoings were more than our incomings, so we'd have to alter the numbers to keep Black Horse happy. We just wanted to keep the house, so signed the letter. He promised Black Horse would send a payment book, it never arrived, so I sent a BACS payment .

I then telephoned Black Horse to say we couldn't afford the level of repayments, was basically told tough!!!!

On Monday, we recevied the warrant for evition for next Tuesday. I had a read on here and went straight to the court on Tuesday and filed an N244. I stated that we could now afford to pay the original installment of £500 + an extra £50 per month as my hubby is now getting overtime, a lump sum of £1500 when I get paid on the 15th and S&S have agreed for us to go to interest only, if this all gets sorted out.

I'm at my wits end, We've got 2 small children and we need more time. What do I say at court on Friday to convince the judge that we will pay. and him give us a month to prove it. I have prepared a budget analysis to take to court with me, but does anybody else have any ideas.

Help Me

Hi, what did you put in Q.10 of the N244? Did you put a budget sheet with the form?

I think you need to take a statement to court with you - I can help you with that, just let me know.


Ell

Hi Ell-en

Thasnks ever so much.

The B'ham county court baliffs office have one pre-filled in with questions relating to income, lump sums etc etc. So I said that our income had gone up due to hubbys overtime , so we would pay the orginal suspension order of £500pcm + an extra £50, S&S were agreeing to go interest only (if all sorted with Blk Horse) and that we would make a lump sum payment of £1.5k on the 15th.

We could now go to £2.5k on the 15th as some family have offered to help.

Also, we have payment protection on the loan, which has been added to the balance, would it help to call Blk Horse tomorrow to get it removed so that the loan amount goes down?

xx

Hi, Blackhorse will have been putting arrears charges on your account for every month you are in arrears. No doubt they will have added them onto the arrears so the amount they claim is arrears is probably wrong. Try to work out how many months in arrears you are and if it's a lot less than they are claiming then we need to tell the court.

Was the PPI mis-sold? i.e. were you told you had to have it to get the loan or are you or your husband self employed?

Hi

Neither of us are self employed, I didn't ask for the PPI it was just added to the loan. TBH if they'd asked me to sign my soul over at the time I would've done, was shocked anybody would give us a 2nd mortgage.

I haven't had any letter from black horse since the representative came round, so I'll ring them tomorrow and find out how much the arrears are, although they weren't exactly helpful when I phoned them on Monday, just said that we owed the £37k in full.

I did recieve a letter this morning though confirming our appointement with the baliff
x

OK, you'll need to tackle the PPI issue after the hearing, you won't get anywhere with that beforehand.

I'll start to draft a statement for you to take to court, but won't be able to post it on here till tomorrow (I have to be up early for a meeting in the morning) - are you able to get online during the day?

I've affixed the budget sheet we use - when filling it in remember that the amount you are offering to pay each month towards the arrears is the amount left over after everything else has been accounted for.

What was the reason for the arrears?
How many children do you have and what age are they?

You say family have offered to help with payment, can you get their contribution before the hearing? i.e. could you pay tomorrow or Friday before the hearing?

Ell

Yes I'm fine to go online whilst I'm at work.

My boys are 8 & 3,The family can't help till late next week, my parents are on holiday at the mo.

The reason for the arrears are a variety really, mainly that we agreed to pay more than we could afford and my hubbys overtime stopped. Then the youngest got meningitis and I basically struggled to keep my head above water, let alone deal with Black Horse, who weren't helpful at the best of times.

Would you like me to send you back the budget shet?
xx

No need to send the budget sheet, you will need to print it off to go with the statement - are you able to print at home or work?

If you make a large payment when you get paid how will that impact on ay other commitments you have?

I'll be back on line in the morning to post the statement on here. I may need a few more details so can you keep having a look at the thread please.

Ell

That's great, be back tomorrow

Thank you very much for your help. You're an absolute star

Hi there, affixed is the statement to take to court with you. You will need to enter information where I have put XXX's at the top and also in the first paragraph (your husband's name). When you print it out make sure that your printer is set for A4 paper (not Letter size) so it all stays on the one page.

On the budget sheet write the claim number on the top left hand corner and Appendix 1 on the top right hand corner before affixing to the statment.

You will then need 3 sets - one for the judge, one for the other side's representative and one for yourself to refer to in court.

Get to the court early and ask the usher if they can put the statement in your file for the judge to read. Sometimes they will say it's too late and you can give it to him in the hearing. Also, there may be free legal advisors at court - if there are, approach them and ask them to accompany you into the hearing - they can be invaluable!

As it's your application the judge will speak to you first - you should then say "Sir/Madam may I give you an up to date statement" and just hand it over.

Any questions, just shout

Ellx

Hi Ell-een

I don't know what to say, except that I'm sitting here at my desk crying like a baby. I can't believe there are poeple out there giving up their time to sort out stupid people like me. You are so so kind

Thank you so so much for all your help. I'll fill in the budget sheet later on this morning, if I get stuck I'll shout.

I'll let you know how we get on tomorrow morning. Should I be preparing myself for the worst though?
xx

Hi KandJ - good luck for tomorrow. Ell's advice is amazing isn't it.

Stay strong - I'm sure you'll be fine xxxxx

I think you'll be fine The fact that we have told the court your mortgage lender has assisted you by changing your account to interest only will help a lot. What have Blackhorse done to assist you?? nothing!!

Give the court a ring this morning and ask if they have legal advisors there tomorrow.

What time is the hearing?

I will be able to pick up any questions you have all day today (apart from a few meetings I have) and this evening - don't hesitate to shout out if you need to know anything or just need a bit of support.

By the way you are not stupid - you're just like so many other hundreds of people who get into financial difficulty for a variety of reasons and we are not here to judge you - just to help. Read through some of the other repossession threads from the last six months to a year and you will see how many have been in your situation and kept their homes

Ellx

Thanks you for kind words of support. You are all so very kind.

When I submitted the N244, I went straight down to the CAB office there, to find out if anybody would be there tomorrow morning.

The CAB were a bit vague, saying their lists hadn't come down yet. They put me in the diary. The hearing is at 10.00 but they told me to get there about half 9 and to go to the CAB and they'll see if there's anybody available to go in with me.

I really wanted to discuss the possibilty of applying for the mortgage Rescue Scheme with them too. As I've heard that mentioning it to the judge may give us more time. Is this correct

xx

Hi Sorry Ell-enn

Do i need to have the exact figures of arrears on the statement form

THanks
xxx

No, the lender should bring them to court - you are disputing them anyway because of the charges.

Hi Ellen, I've got them. The arrears stand at £3217.70. For 6 months at £500. Methinks there is a miscalculation on their part.

I've asked them for a statement of account (only the 3rd time) , they will try and get one out in the post but it could take 7 working days.

WHat do you think about this mortgage repair scheme
xxx

Have a look at this link mortgage Rescue scheme : Directgov - Home and community

At the end of the paragraph in the statement regarding the arrears figure add a sentence "We calculate the arrears to be £3,217.70".

Lenders have a habit of including the next payment in the arrears figure whether it is due or not - trying to make the situation look worse than it is. Fortunately judges usually see through that once it is pointed out to them.

Ell