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Ell-enn

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Ell-enn last won the day on July 27 2018

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  1. No problem. Just thinking - if you are not named on the mortgage why is the lender discussing with you?
  2. OK, in the meantime can you answer the following questions please: Is the mortgage in joint names What was the reason for missing the payments under the suspended order? How long is left to go on the mortgage term? If your arrears are only just over £1,000 then offering £400 per month is perhaps too much - you have children who will need things unexpectedly plus any unforseen items in the home breaking down, or car repairs? You need to make the payments completely maneageable. I have affixed the budget sheet we normally use - it calculates automatically as you fill it in and will show you what you can actually afford to offer. Let me know when you have done it. You can then send it with the letter and also it will come in handy if you need to apply to the court for a hearing. Budget Sheet.xls
  3. Hi, if you need help with the letter let me know and I'll draft something for you.
  4. Hi, if they won't allow you to make an arrangement with them and issue an eviction notice you can apply to the court on a N244 form to ask for a hearing to get the eviction suspended and we can help you with that application. Obviously it willl be better if you can get them to agree to you making payments to stop the eviction notice. I would notmally advise you send a letter to the solicitors (can help with wording if needed) then if you have to go to court you will be able to show you tried to come to an arrangement. Your arrears aren't high (in comparison to some cases) and I can't see a judge taking a home away from a family for an arrears amount that is manageable in a reasonably short space of time.
  5. Hi, can you please set out some details fairly briefly: How many months payments have you missed ? How long is left on the mortgage ? What was the reason for missing payments ? Have you completed any of the court forms yet? Have you made any offer to make payments towards the arrears each month either in writing or on the phone ?
  6. Brilliant news - told you you'd be OK Glad duty legals were there, they can be a great help. Always worth chasing any charges which are unfair.
  7. Things won't go badly - you'll be fine - I'd suggest you get there for 9.30 In the event of the unthinkable happening you could ask the judge for time to move, do you have any children living in the property?
  8. Hi, make sure you get to the court in plenty of time and ask if there are any duty legal advisors - they can accompany you into the hearing and support your case. If the lender's solicitor approaches you and tries to get you to agree to anything, just say you'd rather let the judge decide. Good luck, stay positive.
  9. You will have very little opportunity to tell the judge much at all. He/she may ask a few questions but as I said before, the judge's main purpose is to decide if there is a good chance you can maintain payments towards the arrears in addition to the normal monthly payment. What date did you get for the hearing ?
  10. Lets not worry about what would happen if you lost the hearing - it's highly unlikely - I've been involved in many, many eviction defences over the last 10 years or so and the only ones that lost were the ones with no income to make payments (3 or 4 out of about 300 I think) . I will help you with the N244 appliction so lets just wait and see what they do.
  11. Hi, the court have given them permission to issue an eviction notice so the only thing you can do now is wait and see if they do issue a warrant for eviction. If they do, then you can apply to the court for a nearing to have it stopped. This is done on an N244 and we will help you with the application. You can show the court copies of your letters of offers of payment and proof of what you have already paid. If you can show the court that you are able to make payments going forward it is very unlikely that they will allow the eviction.
  12. It might be an idea to send the budget sheet with a letter along the following lines: Re Account No XXXXX Dear Sirs, Following your request for income and expenditure details please find affixed budget sheet which shows my ability to sustain the offer of £XXX per month towards the arrears on the account. Your response to this offer will be reported to the court in defence of any enforcement action you may take as I believe I have complied with your request and made a reasonable and affordable offer of payment. I trust this is sufficient for your purpose and look forward to your written acceptance of the offer of payment. Make sure you keep a copy of the letter and send by special delivery - check it has been signed for and print off the receipt.
  13. Hi, paragraph 4 - you have the words "the arrears" twice one after the other. I still think it's too long and too detailed, does the judge really need to know about the medicine your husband has been taking or that you intend to use equity release. I would suggest you just say how you got into the situation of missing payments, and concentrate on how you are going to pay going forward. That is what the judge will base his decision on. All other details are just that, details.
  14. I would suggest using the affixed budget sheet - it calculates automatically and it's easier to see what's left over etc. Budget Sheet.xls
  15. Hi Maggie, apologies for the late reply - I have been unable to get online today. Your N244 and budget sheet look fine. The witness statement is a little lengthy but hopefully the judge will take the time to read it all ( to be honest all they are interested in is how you got into difficulties and if you have the ability to make the repayments you have offered). You should include the Norgan case law and Administration of Justice Act,, it won't go wrong.
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