Hi. Some help and advice needed please.

Had a suspended possession order on my house about 2 1/2 years ago. Was paying CMI + £63 and not problem. Missed a months payment, hadnt realised it hadnt gone out then discovered this several months down the line when I was told my mortgage provider GMAC that they had stopped taking the extra £63 when the months payment was missed as this had invalidated my agreement.

Been making payments generally with the odd missed payment due to stupidly taking out payday loans to help the debts that I had inherited from my ex husband as he had subsequently died. Been trying to sort everything over the last 6 months and done everything wrong and paid my non priority debts over my mortgage as they had turned up on my doorstep and at work. I now know I shouldnt have done this.

Last Thursday received a notice of eviction for 18th September out of the blue, no warning from GMAC / Paratus. Although I havent paid the last 6 months I have still paid £2190 of the £2880 due since December '11. My arrears stand at £3700 equivalent to about 10 months.(probably less than 10 months as some were accrued when my payments were £700+).

I can easily afford the mortgage now that I have sorted the other debts and with a decent amount surplus each month to reduce the arrears.

I also have a buyer which GMAC know about but I am waiting for them to sell their property before I can go ahead which will cover the whole of the mortgage outstanding. I am also due a lump sum to soon possible end of september, might be October of around £1400.

I have 2 children, one who is due to take their GCSE's in the coming months so really dont want to disrupt them.

Is their any chance I can save my house?

I would really appreciate some help.

When you say you haven't paid the last 6 months ??? do you mean the mortgage payment or the arrears payment?

Just out of interest - who turned up at your work regarding a debt?

The mortgage payments havent been made. It was Duncton who turned up at work.

The mortgage payments havent been made. It was Duncton who turned up at work.

Did they come to reposses your car?

no...they came about the payments

I hope you reported them!

Not as yet. Any help re the mortgage?

OK, firstly do you have any documentary evidence to support the offer on the house

Secondly - you will need to enter an N244 at court to get a hearing to stop the eviction - we can help you with that and you will have to attend the hearing.

What reason are you going to give the court for not making payments for the last 6 months?

You will need to enclose a budget sheet to the N244 so the judge can see how you will make payments going forward (until the house sells). I have affixed the one we normally use in these cases (it calculates automatically as you fill it in). Let me know when you have done that and how much you have left over each month to pay towards the arrears. We can then move on to the N244 application.

Budget Sheet.xls

I dont have any documentary evidence. Its verbal. I cant instruct solicitors until The buyer is in a position to move forward.

As for the last 6 months. I can only tell the truth, Ive wrongly paid non-priority debts. Ive realised my error which has brought me to this position and I need to put it right. Will the judge accept this?

I'll complete the budget form now.

Many thanks for your help.

We can word the statement for your N244 to reflect that you were pressurised by your unsecured creditors to pay them instead of your mortgage. I'm sure if you can make reasonable payments towards the arrears you will be ok.

Hi. Ell-enn. I have completed the budget sheet and I have £330 per month left over.

The eviction date is 18th September..1 week

OK, can you can afford to pay £330 extra? - it seems a lot, are you sure you have accounted for everything? If you'd like me to look over your budget sheet you can email it to me at [email protected] (there's no space between the c and o, the website just shows it like that for some reason). Let me know if you have emailed it so I can look out for it.

I need to log off now as I have to be up early in the morning - are you able to get online tomorrow morning? we could get the N244 done then

Hi and thanks. Ill email the budget sheet. Im at work but can get online intermittently.

Hi..emailed the budget sheet but it has been returned.

Hi did you take the space out between the c and the o in the email address ?

Yes

It still hasn't come through.... can you try again?

Meanwhile I will try and draft a statement for the N244 - do you have access to a printer? when would you be able to take the form to the court?

Yes I have access and I can go tomorrow morning.

Excellent - I'll draft up the statment and post on here this afternoon - I can also affix an N244 if you haven't got one, together with instructions for completing.

Still haven't received the email with the budget sheet - could you scan and post on this thread (taking out your name and any other references). I can als

I have an N244. I will try and send the budget form again.

Hi, I've received the budget sheet and replied to your email - once you answer that email I will put the statement on here.

Hi, affixed is the statement to go with the N244 you need to fill in the information where there are XXX's at the top of the statement (the information will be on the eviction warrant) - read it through carefully to make sure all the info is correct and to fill in the amount you are offering towards the arrears where it shows £XXX in the statement.

When you print it out the printer needs to be set for A4 paper (not Letter size) so it all fits on one page. Write the claim number on the top left hand corner of the Budget Sheet and Appendix 1 on the top right hand corner

These are the instructions for completing the N244

1.Your name

2. Tick Defendant

3. Cancellation 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 The Applicant Believes

Sign and cross out all options except Applicant

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

Now assemble as follows:

N244 - signed

Statement - Signed

Budget Sheet - Appendix 1

This forms the pack to take to court. Make sure it is stapled securely together. Before handing in to court take a copy of it all for yourself to refer to in the hearing. When you hand it in to the court you will need to pay a fee of £40 and it will have to be in cash (take the eviction warrant with you). They should be able to give you a date for the hearing while you are there – also ask them if they have any duty legal reps who will be there on the day of your hearing – if you approach them about your case when you get there on the day they can accompany you into the hearing and speak on your behalf.

I won't be on line between 4.30 and 10pm tonight but will check in when I get back

All documents ready to go. Thankyou so much for your help. What are the chances they say no? And will I manage to get a hearing before Tuesday?

You should be able to get a hearing before Tuesday and I'm sure it will be OK. I've just realised I forgot to include in the statment that you have two dependent children. I have amended and affixed here - hope you see it and are able to print off.