Ell-enn
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Everything posted by Ell-enn
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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.
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Britannia Mortgage Court 18 March Possession CCA or MCOB or BCOB
Ell-enn replied to feistycow's topic in Home Repossessions
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 ? -
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.
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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?
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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.
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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 ?
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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.
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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.
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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.
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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.
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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
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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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Hi Maggie, do you have a payment plan to offer when you defend the eviction notice?
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The complaint will make no difference to your offer - it's a separate issue.
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You should most definitely pay what you have offered in your letter. If they do apply for an eviction warrant then we will be able to show that you have kept to the arrangement you offered. The 9 year old SPO will always be valid, however if they haven't actioned it in the last 6 years they have to ask the court for permission to do so. As you have got into quite a bit of arrears they are probably covering themselves in case your arrears get worse and they have to try for eviction.
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Don't ring them! wait for their reply. I expect the court will advise you of the decision, but they can take quite a while to get the letters out so don't be surprised if it doesn't appear for a week or so.
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Hi, affixed is a draft letter - you need to put your address at the top and the correct lender department and address where indicated. Sign the letter and make sure you take a copy and keep it safe as we may need it to put with a court defence. Send by Special Delivery (costs around £6 but they get it next day and have to sign for it) make sure you keep the postal receipt safe as it will have a tracking number on it - you then check on the royal mail website a few days after posting the print off the signature receipt - keep that safe with the copy letter. WA 1306 letter.doc
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OK, I'll draft a letter for you in the morning as I'm working on something else tonight. Are you able to work with Word documents ?
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It doesn't need to be before Wednesday - there is no hearing as we have already explained srveral times In order for me to help you with the letter I will need some information - please answer the following in order: 1. is the mortgage in joint names ? 2. how long has the mortgage left to run? 3. how much can you comfortably afford to pay each month towards the arrears? remember you will have to prove your income and expenditure in court if the lender does go ahead with an eviction warrant and we have to put in a defence.
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I asked if you had any letters from the arrears dept as it would have an address on. if you have the telephone number for the arrears department ring them in the morning and ask for a dedicated email address and also their direct postal address - don't get into any discussion about the account, just say you are taking advice and need to send them some information urgently.
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Do you have any letters received from their arrears department?
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Ring the court on Monday morning and ask if you ned to attend - I don't think you do as the lender has asked for the order without a hearing. I think it is only an application by the lender to be allowed to issue an eviction warrant ( warrant of possession) as it has been over 6 years since the last one. If the application is granted then the lender will be able to issue an eviction warrant - you will then have to apply to the court to have it stopped. It is unlikely that the court will not allow the order as your arrears are extremely high, so I don't think it will make any difference if you object. When you stopped paying the mortgage due to a dispute did you put the money away in case you needed to pay it ?
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The application is for permission to apply for a warrant of possession (not to grant a warrant) - they have asked for the order without a hearing, which means no one will attend the court - it will be a paper exercise only. My advice would be to write to the lender stating your offer and asking them not to enforce the order as long as you keep to the payments. I can help you with a letter if you need me to.
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Has it been more than 6 years since the last suspended possession order?
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As Andrew says, don't pay them all the extra you have - you wouldn't want them to get even a whiff that you have a bit more to give or they'll want it! just a little bit extra is enough at the moment- if you haven't got a savings account, then get one - and put a little by in it when you can then if anything goes wrong at least you'll have something to fall back on (keeping it in a tin in the house is a bad idea by the way - too easy to "borrow" it (been there!) LOL).
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