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Everything posted by Ell-enn
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OK, Firstly can you fill in the affixed budget sheet (it calculates automatically as you fill it in) - we will need this to go with your N244. Let me know when you've done it. We will take this one step at a time, so everything is clear for you. Do you have a printer at home? Budget Sheet - Blank.xlsx
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I don't believe any of your questions have been unanswered - I have tried my very best to advise and help you but you always have a reason not to act upon it. If an eviction notice arrives I will happily help you put in a defence asking for time to sell the property - I would never leave anyone without help - but I always have to be realistic. It wouldn't be right to give anyone false hope. However I cannot understand why you refuse to contact Shelter who may be able to sort out rented accommodation for you as well as provide a legal representative in court - when I say they may be able to give "weight" to your case I mean their knowledge of court procedures and hearings will be invaluable when talking to a judge and the lender. Legal assistance in court is invaluable. However, if you do nothing - you will be evicted that is fact- bailiffs will turn up on the eviction date, you will have to leave and they will secure the property. You would then have to make arrangements with them to come back at a later date to collect any belongings you haven't already taken with you. Please try to do something to make your situation better. Which area of the country do you live in ? (county)
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Judges don't want to make people homeless but they would find it difficult to see the lender as being unreasonable when all they are doing is asking for the money they lent to be repaid, and there are no funds forthcoming from the defendant. I understood your family were trying to sort out somewhere for you to live? you should pursue that option as a matter of urgency. Once you have a roof over your head we can try and defend any eviction, but you need the safety net of alternative accommodation.
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If you apply on an N244 before receiving an eviction notice I believe the fee is £250. However you will still be in the same situation as you have no funds to offer. I cannot stress strongly enough that there is no guarantee that a judge would consider giving you time to sell when you don't have the funds to pay even the normal monthly payments. Also judges do have to consider both sides of the case which means that the lender's position has to be taken into account, for instance the judge cannot make any alterations to the terms and conditions of your mortgage contract, they can only look at the likelihood of the lender getting paid which is something you cannot do. Please try and sort somewhere to live as it is more likely than not that the judge will have to grant possession to the lender. I know this may not be what you want to hear but we have to be realistic I'm afraid.
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Hi, just concentrate on getting your N244 to court, it'll be OK
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LLoyds house repossession? Urgent hearing June 4th
Ell-enn replied to sourlemons's topic in Home Repossessions
OK, if you don't submit a defence or attend the repo hearing the lender will get an outright possession order they can then apply for an eviction warrant. You would then have to apply to the court for a hearing to stop the eviction, but if you have no means to pay the monthly mortgage or anything towards the arrears the judge's hands will be tied. You can ask for time to sell but you would have to provide documents to prove it is actually up for sale i.e contract from an estate agency and proof it is being marketed, adverts, photos etc. and it's not guaranteed you'd get time to sell. Have you got anywhere else to live if you're evicted? -
Ignore the letter the important thing at the moment is to get your N244 to the court for the hearing.
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LLoyds house repossession? Urgent hearing June 4th
Ell-enn replied to sourlemons's topic in Home Repossessions
have you submitted your defence forms to the court? -
You're welcome it'll be OK
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Ok, use the statement I posted as it is for the N244. We will do an updated one to take to the hearing with anything else that's happened up to that date
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If you didn't agree to the agent's visit then you can ask for the to refund the fees. We can deal with that after we've got the eviction sorted
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I completely understand it must be disheartening to be told you have virtually no options, but I have to be realistic and I won't give you false hope. I really think you should try to find somewhere to rent as there is only a slight chance you would be given even a short time to sell. I'm so sorry I can't be more positive about your chances, you should take the time you have before the eviction notice arrives to make arrangements and not leave it to the last minute as things would be much more difficult to sort out. I have helped in hundreds of possession cases and I know that if there's no money to offer the lender then the judge's hands will be tied. have you contacted Shelter ?
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The court will send a copy of you N244 to Halifax, they may change their mind when they get it
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Of course it does, and they know that!
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You should wait for the eviction notice as the court fee for the application will be cheaper. as you have no means of making payments you don't actually have any options other than asking for time to sell and to be frank that is a long shot. might be an idea to look for somewhere to rent in case you lose in court
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Hi, don't worry about the guy from Halifax coming round, they're only trying to tick a box in their procedures. There's no way a judge will evict for such low arrears. Get the application to court as soon as you possibly can - but ring court to find out how much fee is (remember to tell them you have an eviction warrant). If you have to just pay the basic mortgage payment so you can pay the court fee then so be it. You can tell the judge at the hearing you had to spend money on a totally unnecessary court fee because Halifax wouldn't help.
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