I don't know - do you mean £10 per month on top of the normal monthly payment?

Frankly I would wait for the eviction notice, it will be a cheaper fee of £50.00 plus there are no complications with the application - you will ask for suspension of eviction, but lets not get ahead of ourselves..... First things first - email the court and wait for them to respond, then we'll make plans for what to do - the eviction notice may arrive in the meantime. When did they say they had applied for it? I won't be back on line until after 9pm tonight as I have an appointment after work.

I can't get an answer either - try sending an email to [email protected] you'll need to quote the case number and your name. Tell them you've been ringing for days and need to get an appointment to submit a N244 application - how do you do this and how do you pay? Put your phone number on the email - apparently they'll call you back - you'll then need to make sure you answer your phone to numbers you don't know in case it's them. Court staff are usually really nice and helpful so don't worry about talking to them.

It would be a complete waste of time doing their I & E form - what would you put on it anyway? by the time they got round to looking at it and then still saying no, you would have had the hearing anyway..... Which court is it you're trying to get in contact with - I'll see if I can find anything out about alternative contact numbers

I think it's completely unrealistic to expect a judge to allow 12 months to sell a property when there is no actual date for when you might be able to commence payments in the meantime. The lender would most certainly object to having another possible 12 months with no payments. I'm really sorry I can't promise you the outcome you want - all you can do is go to the hearing and hope the judge allows at least some time to sell and return to work. Keep trying the court number - if there is an alternative number try that too and ask if the other number is out of order.

I really do sympathise with your situation, honestly I do - but I know that the judge can only look at things from a financial probability view. There isn't a definitive time that a judge would allow for you to resume working and getting income, he's actually not obliged to do that at all. I think the best thing is to only submit the budget sheet with your income when back to work - you will then have to try and negotiate in the hearing some time to actually return to work. Therefore can you remove the budget sheet with no income and start the numbering with your Doctor's letter as number 1, estate agent's documentation as number 2 and future income budget sheet as number 3. I will amend the statement accordingly. I think you will definitely have to actually go to the court to submit your N244 by making an appointment with them. Is there an email address for the court- you could send an email marked Urgent asking them what telephone number you can use to make the appointment. You must attend the actual court heating - there is no way of avoiding that, if you're not there the judge will have no option but to award possession in your absence.

If you are unable to give the judge a date when you reasonably expect to go back to work and earn enough to pay the mortgage and the arrears I'm afraid you're not going to get anywhere. I am really concerned that you have no income at present - no date when you will start to earn income but you want the judge to give you up to 6 months to sell the property or return to work to maintain the mortgage. I have to be honest I doubt that will be a winning defence, medical condition or not. I had assumed you would be able to state when you would have an income. If you are going to submit the N244 you'd best make the journey to the court and take and financial information with you that might allow you fee remission. If you have no money how are you going to pay the fee? It's unlikely you could claim it back if you do pay it. Reality check time I think - what do you want to do?

Have you any idea when you will be back at work and earning usual income ?

Well you'd better ring them first to see if they take payment over the phone. Have you had a look at the fee remission information? will you have to pay the court fee? you might have to take the application to court along with documentary evidence of your entitlement to fee remission.

The hearing should be in your local court, so if that's where the original hearing was then yes. Let me know when you have all the numbered documents ready.

That's good, you've got organised

OK, at least you now know when it is. You should get to the court as early as possible to see if there are any duty legal advisers there , if there are you should approach them and ask for their support in the hearing. Are both you and your partner going?

You must put in the letter what you think best, but don't make it too long or they will simply stop reading. Can you be on line in the morning? the statement I drafted is on my PC at work so we can't do anything with it at the moment. In the meantime - can you print out the budget sheet with your current circumstances and write the number 1 on the top right hand corner. Take a photocopy of your doctor's letter and write the number 2 on the top right hand corner Next - make copies of the estate agent's documentation - contract, any advertising etc and write the number 3 on the top of each of those pages Finally print the budget sheet with your income when back to work and give it number 4 These documents will be the appendices to your statement in the N244. I'll send you the statement in the morning with instructions for it

Maybe try and ring them tomorrow just to check where they're at with your application - just explain you're worried

Hi - draft wording below: COMPLAINT Dear Sirs, Mortgage Account No: XXXXXXX I am writing to make a complaint regarding the manner in which my telephone call was dealt with when I called on (date) at (time). The call handler was extremely rude and dismissive, even at one point stating that you did not care about my health and that you were actually helping me by evicting me, I could also hear laughter in the background at that statement. I was kept on the phone for almost 2 hours causing considerable stress, even though you are aware of my mental health issues. I have recorded the call as I was appalled at my treatment. I expect you to deal with this complaint as a matter of urgency, a copy of this letter and a transcript of the telephone call together with proof of delivery will be included in my documents for court when I defend eviction proceedings. Yours faithfully, XXXXX

If you write to them it should be a complaint about the way your call was handled - don't bother mentioning anything about arrears/payments or anything else - they're not interested. At the end of the day they are entitled to proceed with possession as there are arrears on the account and no monthly payments being made. What they're not entitled to do is be rude on the phone and treat you with derision. Keep the letter short - don't rattle on about anything else, tell them the date and time of your call and how they dealt with it, then ask them to treat your letter as an official complaint - they will have 8 weeks to respond so it won't make any difference to your court hearing as you won't have a result by then. I will add a note in your statement saying how you were treated. I would imagine you'd have 10 - 14 days from receipt of the eviction notice before the actual eviction date, so if we have everything ready to hand into the court the day you receive the eviction notice you will get a hearing in probably 5 - 7 days after handing it in to court.

Hi, I don't think any letter will make them stop proceeding with an eviction notice. So we really need to get the N244 application going: if you wait for the eviction order the court fee should only be £50.00, if you do it before the court order if will be £250. I have affixed the EX160 form and notes about how to qualify for a remission fee. I have affixed an N244 application form please print it off and follow the instructions below for filling it in - when you have done that let me know and we'll move to the next stage. 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. n244_0400.pdf EX160.pdf ex160a_web_1010.pdf

Hi, can you be online today so we can get on with your N244 stuff - it's easier for me to do this during the day rather than in the evenings - are you able to be online in the daytime? Please don't call them again - you will get nowhere, these people are only interested in money and when they are going to get it and you have no proof of what is said on the phone. If you want to communicate with them, put it in writing and send by recorded delivery so you can prove they got it, otherwise they will quite likely say they didn't. If you need help with wording letters let me know - you should keep the letter short and to the point - these people aren't capable of turning pages so what you have to say needs to be on one sheet.

Do you really think your posts are helping ?

Don't distress yourself by going over it all again in response to another's post. People get into arrears for all sorts of reasons, reduced income being the main one - you've not been irresponsible just unlucky with the situation you were in. Judges are more understanding than you think.

No it shouldn't affect your case - sometimes the judge just likes to know the family set-up. It's the ability to pay that they make their judgement on and you can pay - so you'll be OK Thank you for your kind words - happy to help and support anyone in this situation, mortgage lenders need a good kicking every now and again and if I can help to do it then I'm happy I'm here if you need to keep talking until the hearing - always willing to listen.

I'm sure you will be ok. Does your partner look after the children when you are at work? (just asking in case it's something the judge wants to know)

OK, let me know when you get the hearing date. When they phone you tomorrow ask them if there are any duty legal advisers at court on the day of your hearing. A lot of courts have them and they can accompany you into the hearing and support your case.

Hi, I've drafted a defence statement for your N244 application - can you let me know when you will be online please so we can start the process

I guess you'll have to do whatever doesn't delay a hearing - you really don't want to have it on the day eviction is supposed to take place - it would be better if you could get it this week.