My current mortgage is with capstone/preferred I didnt keep up with my order and

now I have an eviction notice or pay £3700

Can anyone help me on this?

Hi Indistress, you need to apply to the court to suspend the warrant for eviction. What date is the eviction set for? What are you able to offer as a payment arrangement?

Kind Regards

Ell-enn

I recieved an eviction notice yesterday and I am trying to find all the help.

My eviction date is 10th July. For a secured loan.

I was in court in Nov 07 for a repossession order and they agreed for me to pay £100 extra per month, I paid it for a few month, then I went on the sick with postnatal depression and fell behind with the payments, I spoken to my my lender (prefered) on the 11th June and went through a budget sheet and they took my bank details to restart a direct debit, I offered on extra £100 on top of the original to clear off the arrears I caused. I heard nothing more from the compant till the 18th June I recieved a letter from the solicitors telling me they put on order in for eviction (letter dated 13th June). I phoned my lender up and they told me I had to pay £3700, I have been worrying about this as I have a 7 month old baby and a 12 year old, I am going to pay something on the 1st of July off my arrears but not the full amount

I have been reading to fill in a N244 form, will it be worth it? And are the judges lenient for homeowners to stay in their homes

Thanks S

If you are able to make an offer of payment each month towards the arrears I can see no reason why the court would not grant a further suspension. You need to fill in an N244 form and I can help you with that. You can download the form at Her Majesty's Courts Service - Home

Select Forms and Guidance from the menu on the left hand side and then enter N244 in the box. When you have downloaded the form let me know and I'll walk you through it. The most important part is Part C which is what the judge will use to make his decision.

Do you have a copy of the budget sheet you did for the lender? you will need to attach one to the N244 to show you can make the payments you are promising. The fact that you have 2 young children at home will carry a lot of weight with the judge, so try not to worry too much.

Kind Regards

Ell-enn

I dont have a copy of the budget sheet i gave the lender but when I done it they wouldnt take in effect my husbands wages as he is not on the mortgage, but when we married I lost £800 per month (widows benefit and tax credits) is it worth putting housekeeping money down from my husband to give to the judge. Thats why Capstone have persued this as they dont think I can afford to pay it........

I am willing to pay £400 plus a months payment on the 1st, should I still go ahead and pay this? Even though they aske for the £3700 will they still take payment over the phone?

I have a N244 form. Do you think I should go to court with a representive ie solicitor

Hi, yes you should make the payment on the 1st July as this will look good to the court and show you are committed. You need to download a budget sheet here: National Debtline England & Wales | Personal Budget Sheet

tick monthly and Windows boxes.

You will see in the income section there is a box for partner's income. When you fill it in make sure you don't underestimate your expenditure - it's better to err on the high side in case things increase in the next few months, or you have an unexpected expense.

Ell-enn

I filled a budget sheet today as I went to CAB to see if I could get advice and I went prepared but they couldnt help

Do you have a solicitor? it would be helpful if they accompanied you - if you can afford it.

I filled a budget sheet today as I went to CAB to see if I could get advice and I went prepared but they couldnt help

Why couldn't they help? :o

Said they didnt cover housing give me a number for shelter and they cant help as I am not qualified for legal aid and told me to phone their main line and I cant get through

Also don't forget to mention Cheltenham and Gloucester v Norgan http://www.creditlaw.co.uk/Cases/cheltenham.htm

Yes, will do - as usual.

CAB don't cover housing what utter nonsense Try again & speak to someone else

Also whereabouts are you??

can you help with my N244 form please

newcastle

Do you only have 1 CAB in Newcastle & assuming not try another

theres one in north tyneside should i try there tomorrow

Hi there, if you give me 15 minutes or so I'll draft a statement for Part C of the form. Also, ring your local court in the morning and ask if they have any CAB representatives in attendance, a lot of courts do and they are invaluable - they will come in to the hearing with you and support you. Sometimes there are solicitors from law centres at courts too who will accompany you.

JonCris is right, it's unbelievable that CAB can't offer help with your situation and as he says ring another one in the area.

Back soon.

Ell-enn

thank you

Hi this is a draft of the text for Part C:

I respectfully request the court to consider the following when hearing the claim for possession.

• The current arrears arose as a result of my being unable to work due to suffering post natal depression following the birth of my daughter.
  
• A payment arrangement to clear the arrears was agreed with the lender by telephone on 11th June, following a review of my income and expenditure with them. Bank details were given in order to set up a new direct debit.
  

I was distressed to then receive a letter dated 13th June from the claimant’s solicitors advising that an eviction order had been sought.

• I am confident that I can maintain my offer of £100 per month in addition to the normal monthly payment of £xxxx (please see affixed income and expenditure statement – Appendix 1).
  

When considering my offer of payment towards the arrears I respectfully ask the court to take into account the case of The Cheltenham & Gloucester V Norgan.

• A payment of £xxxx which includes £400.00 (is this correct) towards the arrears will be made on 1st July 2008.
  
• There are two children aged 7 months and 12 years resident in the property.
  
• I assure the court that I am committed to reducing the arrears in order to maintain stability for my young family.
  

............................................................................................................

On the budget sheet write the claim number on the top left hand corner and Appendix 1 on the top right hand corner and staple to the N244. Make sure you take a photocopy of the form and attachment before taking it into the court.

Front page of the N244 - boxes top left:

1. you should tick at a hearing.

2. estimate time for hearing ...10 mins

3.isthis agreed by all parties. tick no

4. give dates of trial...no trial.

5.level of judge...district.

6.parties to be served...both..

Part A: cross out (we) then cross out other options to leave Defendant.

Cross out (a draft of which is attached)

that - suspends the order for eviction.

because - I am in a position to make regular payments to clear the arrears.

Part B : tick the box for evidence in Part C

When you have made the payment on 1st July make sure you have a receipt (bank statement etc), you can then take that to the court with you on the day to prove payment.

Any questions, just shout:)

Ooops, a couple of the paragraphs have moved to the left when I copied the text over into the post:

Paragraphs starting "I was distressed" and "When considering my offer" should sit under (in line with) the paras above them.

You can copy the text from the post and paste it into the N244 you have downloaded, you just need to print it out then.

Kind Regards

Ell-enn

one of the questions

who should be served this application?

is that where I put both

i dont have parts A, B or C

Yes, put both. Sorry, I've just realised that the form has been changed in the last month,

2. Defendant

3. Suspend eviction order

4.No

5. At a hearing

6.10 minutes

7. No

8.District

9.Both

10. Evidence in box below

Ell-enn

In Part 10, if you can't fit all the text in the box (probably won't fit) put it on a separate sheet and write your name top right and case number top left.

Ell

thanks I thought I downloaded the wrong form.

what about the statement of truth in part 10 who signs that?

and part 11?

which part do I put my details?

10. You sign the statement of truth - so you chose

I Believe on first line

Applicant underneath signature,

then full name underneath that.

11. your signature

Applicant

your address details.

Ell

thanks for all your help. Much appreciated, I feel abit better now.

That's good - I'm sure it will be fine. I have been involved in helping people in a much worse situation than yours, and with much higher arrears, even on the day eviction was due to take place, and they have kept their homes. You have an income which will support the payments, and young children and it would be a very, very unusual for a judge to award possession in your circumstances.

Take the forms to the court as soon as you can and you should get a hearing within a few days - the court staff will probably give you a date there and then.

Stay positive - and stay in touch:)

Kind Regards

Ell-enn

Sorry to read of your situation, but try to stay positive, Ell-enn is fab and you should follow all her advice. I have just been to court and thanks to Ell-enn was given a suspended order, however the judge said at the hearing if at anytime you cant keep up with the payments apply to the court for another hearing (n244) and they will look at reducing the payments. We dont have chilldren and as said by others if you are willing to try paying the judge will look more favourable at you then the money hungry banks etc. Keep your chin up and listern to Ell-enn (she knows what she is talking about)

Regards

Chris