I had a date on Friday for the possession on our property to take place on 4th August. I am so scared.

We have huge arrears on a large mortgage and have spent the last year and a half requesting the mortgage company put us on interest only.

We have not made payments for the last 6 months but that can now change as hubby just got a new job. We have sent two payments to the mortgage company before they went in for possession.

I know I have to fill in the N244 - Help on that would be appreciated. Usually how successful is filling in this form. I can demonstate we can pay arrears off from now on but will they just consider the last 6 months.

How long will it take to go in front of the court? With just over two weeks to go I need to know if I need to find a new home really quickly.

Thank you all

Hi there, you are right in that you need to enter an N244 at court (I can help you with that). Provided you can prove to the judge that you are able to make payments going forward you will be OK.

You will need to put in a budget sheet with the N244 showing how you calculate you can make the payments. I have affixed one for you to complete. The budget sheet calculates automatically as you enter figures, so you can adjust till you get it right. Remember that the amount you offer to pay towards the arrears in addition to the normal monthly payment, is the amount left over after everything else has been accounted for.

As you have received a warrant for possession you must have received a claim for possession and had a hearing prior to this? did you attend the hearing?

A few more questions before I can advise further:

Who is the lender?

Is the mortgage in joint names?

Do you have any children?

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

If you take the N244 to court tomorrow or Tuesday you should get a hearing by the end of the week or the beginning of next week.

Budget Sheet.xls

Yes we went to court the first time and made an agreement which we got behind with. The mortgage company were good but would not allow us to extend the term of the mortgage or go onto interest only.

The lender is GMAC, Yes it is in joint names and we are both working, we do have two young children.

We got into arrears due to redundancy (both of us) which has caused long term ongoing problems (we have not been able to get a job paying the equivalent and I have had to retrain - Which I have now finished)

The arrears stand at 20000 though I just dont think they will consider our offer of 300 a month

It's not up to GMAC to decide whether your offer is acceptable or not - it's up to the judge and he has the power to agree to payment of arrears over the remaining life of the mortgage if need be. The case law to support this is Cheltenham & Gloucester v Norgan and we will use that in your defence statement for the N244.

How many months payments does the £20000 represent? are there arrears charges added into this figure? Do you have a recent statement from GMAC?

How much is the normal monthly payment and can you really afford £300 on top of that towards the arrears?

When the mortgage started payments were £1046 a month which dropped to £790 when interest went down.

so anywhere between 20 + 25 months.

They offered to drop the mortgage to interest only for the repayments to go down to £457 which with hubbys new job meant we were able to offer the extra £300 a month making a payment £757. They backed out of this agreement when they looked at my credit report and said I was paying out 100's a month on a mail order agreement. There is no such thing on my credit report as I have looked it up with credit expert. I do not have mail order, I do not have 100's of spare pounds.

They charge £50 a month for being in arrears as well as £25 for not being on DD.

Thanks

Can you add up the £50 & £25 to get a total of the charges so we can pu that in your N244 statement.

Did you get the offer to go on interest only in writing from them?

Yes I can do that.

Yes I have the offer in writing from them.

OK, let me know when you have the total charges and also when you have completed the budget sheet. Do you have a printer and can you make photocopies?

I will probably be tomorrow before I can complete your defence statement are you able to get on line during the day or will it be evening?

If we can get the N244 done tomorrow will you be able to take it to the court on Tuesday?

(sorry for all the questions but they're necessary if we're to get things right )

Ell

Yes I have a printer and can make photocopies.

I am about and online tomorrow and I cant tell you how much I appreciate your help. I will complete the budget sheet tomorrow morning.

I can take it to the court on Tuesday no problem

OK, I'll be on line from my office during the day tomorrow so will keep checking on your thread.

In the meantime, complete the budget sheet, photocopy the letter from GMAC regarding the offer of interest only and also copy any evidence of the charges.

You say you made two payments just before the eviction notice was received what date were they made? do you have proof of these payments? (internet banking?), or did GMAC give you a reference number for each of the payments?

They were small payments for 180 each sent by cheque, The idea was to pay these weekly. They have not cashed them.

Did you send a covering letter with them and write your account number on the back of the cheques? were they sent by recorded delivery?

I sent the letter by standard mail and faxed through my intentions, saying I was sending the cheques (I have a confirmed delivery report for the fax)

I have a copy of the letter too, I sent them wage slips at the same time.

Account no was on the back of the cheques.

OK

Cheques were sent the week before last

Ok have just finished adding up all the charges since we started getting into arrears from the last 3 years mortgage statements

Totals

Not paying via DD £255.00

Unpaid Cheque £60.00

Unpaid DD £300.00

Arrears charge £1300.00

Home visit £100.00

Total £2015.00

Will it be worth mentioning in my statement that I have just qualified as a secondary school teacher (so will not have to work part time anymore)

Am onto income and expenditure now - have nearly finished.

OK, I've been really busy at work today and have only just been able to log on. I will get your statement done tonight so you can take it all to court tomorrow.

Do you have confirmation of both your new jobs? it would be helpful to put copies of those with the application, and we will certainly mention your recent qualification (I take it you have a full time job to go to?).

Hiya

Yes I have confirmation on headed note paper from hubbys new employer and I have confirmation from my current employer that he is happy to raise my hours now that I am not in full time training.

I dont have a full time teaching post but have been offered any supply available from a local school I was training at which I will hopefully be able to fit in with my current job (office admin) which can be done at any time as long as I get it done. But now I am not in full time training I have more time.

Just finishing off the income and expenditure - Shall I attach it on here?

Thank you

Probably best not to attach it to the thread - send it to

[email protected]

The email came back to me - will try again x

sorry - it should be [email protected]

Sent it again

Hi, I've seen the budget sheet and replied Can you stay on this thread please as we have quite a bit of work to do - you will need copies of:

The letter from GMAC offering to change to interest only.

Copy of the letter you sent them re the cheque payments

The employment letters for you and your OH.

The budget sheet

Evidence of the charges - on the statements, circle the charges in pen and then write TOTAL = £XXX at the bottom of each statement.

I have affixed a N244 form for you to complete, below are the instructions for filling it in: ( I am writing the statement for Q10).

1. Your names

2. Tick Defendant

3. Suspension of eviction

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 We 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 shortly.....

n244_0400.pdf

The statement is affixed. You need to enter the details where there are XXX's at the top and also in the body of the statement (make sure you remove the XXX's) - read it through carefully to ensure I have the facts correct. When you print out the statement you need to set the printer to print on A4 paper (not Letter size).

On all the documents you will be affixing, you need to write the Claim number on the top left hand corner and the relevant Appendix number on the top right hand corner, as follows:

Appendix 1 - GMAC interest only letter

Appendix 2 - Your letter re cheque payment

Appendix 3 - Employment letters

Appendix 4 - Teacher qualification

Appendix 5 – Budget sheet

Appendix 6 - Charges statements

Now assemble as follows:

N244 form, signed

Statement for Q 10 signed

All the Appendices above in that order.

This forms your pack to take to court, you will need another set exactly the same for yourselves to refer to in the hearing. Make sure everything is stapled securely together - if there is too much paper to staple, you will need to get some kind of slim folder with a clear front which has a grip for punched holes etc. (you can get these fairly cheaply).

There will be a fee of £35.00 to pay when you take the pack to court (take the eviction notice with you).

Any questions, just shout.

Ell

Jojogirly N244 statement.doc

Thank you so much Ell-enn, I have found the list of items to attach and will take them to the court first thing in the morning.

I will let you know what date I am given as soon as I get home.

Right off to fill in the form now. Thank you again x