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Ell-enn

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Everything posted by Ell-enn

  1. Hi, glad to hear you have managed to come to an arrangement but I knew they'd pressurise you into paying more out of the surplus - I assume you told them you had that amount to spare? They will have calculated how much was needed to be paid each month to clear the arrears in the remaining 6 years of the mortgage. You must ensure you don't miss any payments going forward or they will simply issue an eviction warrant without notice. Have you had confirmation of the DWP mortgage help ?
  2. If they see you have 500 surplus they will expect you to pay that towards the arrears so you need to see where you might need some emergency funds. How many years are left on the mortgage? - 100 a month might not be enough to clear the arrears in a reasonable time.
  3. OK, under the Benefits section make sure you put a line in for the mortgage interest support (do you know how much it is?). Also - make sure the income you list will cover all the outgoings and debts - if it doesn't they'll say you can't afford what you're offering. If you have to forego some of the flexible or other unnecessary outgoings then do so. You need to complete the form before you call them so they can't trip you up - you just read off the figures you've entered. Don't let them fluster you and don't agree to anything over the phone - tell them you'll make your offer in writing by special delivery (get the correct address or email address). Stay strong
  4. Hi, you should most definitely make the payment asap - and get printed proof from your bank account. You also need to call the lender and ask for the address and name of the exact department to send the mortgage interest payment forms to. If you can scan and email them to the correct email address for that department then all the better. If you have to post them then you should take a photocopy beforehand and send by special delivery so they have to sign for them (think it costs about £7 but will be worth it), make sure you keep the postal receipt in a safe place. Let me know when you have made the payment and I will draft a letter for you to send to the lender with your offer of payment arrangement. I guess you'll have to complete the income and expenditure form they sent (are you able to scan the form and post on here so I can see what info they want?) You need to be on top of all this as you only have 2 weeks to get some agreement in place in order to avoid having to go to court to defend an eviction order.
  5. The lender could apply for an eviction warrant if you haven't left by 1st November which would involve bailiffs, but you can apply to the court for a hearing to stop the eviction - we can help with that. However you need to start being proactive in getting things in order so we have something to base a defence on. You should pay the 8,000 as soon as possible so we can show evidence to the court and you need the proof of mortgage interest payments also. Any evidence of applying for jobs would also be helpful
  6. Hi, it's a shame you didn't ask for help in preparing and that there wasn't a legal advisor available at court. Unfortunately the only way to challenge the judge's decision is if they made an error in a point of law in their judgement which it doesn't sound as if they did. If you managed to get a job and could prove the job offer, start date and salary you might have a chance to go back to court and show you can pay going forward - it's not guaranteed and it sounds like your lender is pretty set on possession of the property. Did you ask for time to sell ?
  7. Hi, looking at your budget sheet how much can you afford to pay towards the arrears on the second mortgage in addition to the normal monthly payment? Have you received confirmation of how much the arrears are?
  8. Hi, you should fill in the affixed budget sheet - it calculates as you complete it) - as you'll need to send it with your offer letter to the lender. This will help your case if we have to defend in court as the judge will see you've made an effort to come to an arrangement with the lender. Let me know when you have completed it. Are these mortgages in joint names or just yours ? I have to go out this evening but will check back with you tomorrow. Budget Sheet - Blank.xlsx
  9. Are you making payments towards the arrears on your primary mortgage?
  10. Hi there, firstly you need to work out what you can afford to pay towards the arrears in addition to the normal monthly payment - if the lender does apply for a warrant of possession then the only action you can take is to defend by applying to the court for a hearing to suspend possession and you would need to have offered a payment plan that you are able to maintain. We also need to know the following: How much are the arrears? How long has the mortgage left to run? Is your primary mortgage up to date? I can help you with a letter to the lender once you have worked out what you can offer and have answered the above questions.
  11. Sorry - I was away yesterday and didn't see your post. Did you send the statement to the court?
  12. Yes, take your statement to the court or email it
  13. Did you take the statement to the court ?
  14. Great - don't forget to keep us updated. If by any chance Natwest say they will cancel the hearing, you should ring the court to confirm as lenders have a bad habit of "forgetting" to follow it through and if you didn't turn up at the hearing they would get a possession order by default - I'm afraid you just can't trust them
  15. Hi, affixed is your statement for court - you need to fill in the boxes at the top (the info will be on court letter). On the budget sheet and your list of payments since January make sure you write your names and Case number at the top of those documents. Print out the statement (set printer for A4 not letter size) and make sure it all stays on one page - then sign and date. Affix the budget sheet and payment list to the statement securely before handing in to the court office (take a copy of it all for yourselves so you have one to refer to in the hearing). When you hand it in to the court ask if there are any duty legals there on the day of your hearing - if so you should get to the court a little early and approach them to ask for their assistance - they can accompany you into the hearing and give support to your case. Any questions just shout Roland60 statement.doc
  16. Hi, I will start to draft a defence statement and get it to you asap. I think you should definitely take the statement to the court on Monday just in case Natwest drag their heels and don't cancel - no point in waiting to see what they do, at least you will have lodged your defence and the court will send a copy to them - that might make them have a re-think.
  17. Thanks for the info - it makes sense now. As there is no N11M we will submit a defence with a financial statement. I have affixed the budget sheet we use in these situations, it calculates automatically as you fill it in. Make sure you put your name(s) and the case number at the top (case number will be on court documents). If possible you should print out proof of all monthly payments being made from Jan this year. Do you have anything in writing from the lender stating they want the arrears paid back quickly it would be good to have a copy of that to show the judge. Budget Sheet - CAG use.xls
  18. I'm surprised there was no defence form included - can you please describe the documents you received
  19. OK, have you received an N11M defence form in the court documents you received ? (I will give you instructions for filling it in). Could you please answer the following questions so I can start to draft the defence statement: Is the mortgage in joint names ? Are there any children living in the property? What was the reason for the arrears? Are you able to work with Word documents? and have a printer? What is the date of the hearing? and are you able to physically take documents to the court ? I will come back to you tomorrow when I have all the above info if that's OK ?
  20. Thanks for that info. The reason I asked is because there is case law (Cheltenham & Gloucester v Norgan) which is a precedent for asking the court to consider payment of the arrears to be spread over the remaining term of the mortgage in order to make repayment affordable (although spreading over 22 years may be asking a bit too much of the court) you can also use s.36 of the Administration of Justice Act 1970. How much could you comfortably afford to pay towards the arrears each month in addition to the normal monthly payment ? for example £150 towards arrears would clear them in around 11 years, £200 would be around 8 years. I can help you with a defence statement for the court hearing if you need me to ?
  21. Hi - I'm sure we can help you with this. Firstly, how many years are left on the mortgage ?
  22. Hi, the last part has changed slightly. 10. is correct you tick box for witness statement 11. tick box for No Statement of Truth - tick boxes for I Believe and Applicant then sign and date
  23. Hi, below are the instructions for completing the N244 and the statement to go with Q10 is affixed. You need to fill in the info where there are XXX's at the top (remove the XXX;s) the info you need will be on the court forms you have received. Read through it carefully to make sure everything is OK .When you print it out, your printer needs to be set for A4 paper (not Letter size) complete the form as follows: 1.Name 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 The Applicant Believes 11 Sign and cross out all options except Applicant Sign and cross out all options except Applicant. Enter your address and contact details. Now assemble as follows: N244 form, completed and signed Statement – signed Copy of letter sent to Santander Budget Sheet Copy of new job offer Make sure it is stapled securely together. You will need to take a photocopy of it all for yourself so you have a set to refer to in the hearing. When you hand it in to the court there will be a fee to pay so make sure you take the eviction warrant with you. Ask the court staff if there will be any free legal advisors on duty on the day of your hearing – they can go into the hearing with you and support your case. Nik Nik N244 statement.doc
  24. I'll draft the statement from the info you've already given then let you say if it needs anything changing.
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