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Ell-enn

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Everything posted by Ell-enn

  1. ok, I'll start drafting a statement. You'll need copies of the following: proof of the job offers and security timeline Letter you sent to Santander budget sheet
  2. I'd ring the court in the morning and check - they might need the information on the front page of the eviction notice
  3. this is the N244 form. I can do a defence statement for Q.10 of the form and also give you instructions for completing it. N244.pdf
  4. Hi this is the document explaining what benefits are applicable /assets/static/govuk-opengraph-image-dade2dad5775023b0568381c4c074b86318194edb36d3d68df721eea7deeac4b.png How to apply for help with fees (EX160A) - GOV.UK WWW.GOV.UK
  5. Hi there - I'm working at the moment but will have a look at what we can do when I get home - just wanted to let you know I've seen your post. Are you receiving any benefits ? if so it may mean you won't have to pay for the N244 fee. Back in a bit
  6. You can certainly ask the judge to consider it but as it will mean an amendment to the terms and conditions of the mortgage then I'm not sure it's guaranteed. How much extra will you pay over the 10 months ? I'm happy to look over your statement - you can attach it to a message
  7. hi, If there's only 10 months left on the mortgage and you have £10k arrears you're not going to be able to pay it off in time ?
  8. Hi, Just seen your message - do you need help with wording the statement for N244? How long is left on the mortgage ?
  9. Below are the instructions for completing the N11M form - let me know when you have completed it and I will finalise a statement to go with Q.27 Please also let me know when you have printed out proof of the estate agent marketing your property. We need to get this all done asap if you are to take it to the court on Monday. If you are unsure about anything please ask The boxes at the top of the form should already have the name of court/ claimant details etc filled in. If not then copy them from the possession Claim form. Fill in your name and date of birth Tick box for Yes Tick box for Yes Tick box for Yes Tick box for No Tick box for No Tick box for No Tick box for No Tick box for Yes Fill in how much you can pay towards arrears (when you have an income) You need to fill in You need to fill in Tick box for No to 25 You need to fill in Tick box for No Write - Please see affixed statement (I will send you the statement for this) Sign the statement of truth and print your full name. When you have completed it all take a photocopy so you have a copy for yourself to take to the hearing. Make sure you staple all pages together securely (including the statement page and proof of the house being for sale) You should then take the completed N11M form to the court and deliver by hand. Ask at the court if there will be any duty legal advisors at court on the day of your hearing – if so, you should approach them and ask for their help – they can accompany you into the hearing and support your case.
  10. it's a bit late for doing it on line - best to take documents to the Court that way the judge will get a chance to read them before the hearing. I will guide you through the form and I will write a defence for you to print out and affix. As far as I am aware breathing space works before you get to the court hearing stage, I don't think you will have enough time to arrange anything with those agencies even if it is possible at this stage. Let me know when you have printed out the estate agency details/photograph etc as we will need that to affix to the defence.
  11. You need to respond to the court papers on Monday i.e. take them to the court by hand. Print off the details of your house being for sale so we can affix to the defence have you had any viewings or offers? we will also need those details I can then draft a defence statement for you and give you instructions how to fill in the N11M form - we may be able to use some case law to give you time to sell. Are you able to print off Word documents?
  12. OK, you won't be able to delay the hearing - it will take place for certain. You say the house is up for sale - do you have a contract with an estate agent that we could show the court at the hearing? that might buy you some time. You will also need copies of the advertising of the house and if there has been any interest/viewings/offers.
  13. 1. If possession is granted it could be up to 28 days (sometimes it's 14 days if there's no prospect of any payment) Eviction from the property will follow. 2.You could ask the court for a hearing to stop the eviction but you would have to prove you have funds to pay all the arrears or have an income to start paying the arrears off each month on top of the normal monthly payment. 3. If you get the funds before the eviction then you can ask the court to cancel it. I've answered your questions' but you still haven't answered mine: 1. Do you have any income at all at the moment ? 2. Is there any family who could help you out until you get your money from India? It's difficult to help you if I don't have all the facts
  14. I understand your frustration, but you might have difficulty proving you have only just received the court papers or that you didn't receive any letters from bank or solicitors - they will no doubt turn up at court with copies of all correspondence they say they sent you and the judge will most likely believe them. We can put forward a defence but I have to tell you that unless you can provide proof of funds to pay the arrears and details of taxi licence timeline I think you will struggle. Do you have any income at all at the moment ? or is there any family who could lend you some money until your funds from India arrive?
  15. OK, sorry - I thought you had communication about a suspended order. OK do you have a defence form in the pack ? Should be N11M form- if so we need to get it completed asap so you can hand deliver it to the court on Monday - you will then have to attend the hearing on the 9th to ask for a suspension. Can you provide proof of having the funds overseas and also proof of how long it takes to transfer to the UK? you will need that to convince the judge you are serious about paying the arrears. You will also need proof of your application for taxi licence and details of the time frame for that. Do you have any income at all at the moment ?
  16. Hi, stop panicking - you need to think clearly if I'm to help you get something done. You will need to answer some questions in the order that they are listed below: When was the suspended order made? How did you respond to the possession claim - i.e. did you go to the court / what did you say to get it suspended Why do you think you will have the money to pay off the arrears in 30-45 days? Please explain about what happened with the taxi licence
  17. If the normal monthly payment is £458.17 and the court order was for £582.55 then the difference you are paying towards the arrears is £124.38 (I rounded up to £125) If a N244 is necessary then we will mention you have a son. If you receive an eviction notice you need to let us know straight away as we will be under a tight timeline to get a court hearing.
  18. OK - put in the extra amount that you think you can manage but make sure it's not less than you have been paying under the order.
  19. OK, so the court order was for an extra 125.00 per month. If you can manage that it will get rid of the arrears quicker. I have affixed a draft letter - you need to put your address at the top right and then their address (make sure you have the right one) and also enter your mortgage account no. If you are emailing it you also need to ensure that you are sending it to the right email address - might be a good idea to ring them and check all addresses. If it goes to the wrong place it may never get looked at. Attach the completed budget sheet along with the letter and also the job offer if it comes in time to affix - if not you will have to send that separately. I strongly suggest you get this letter and budget sheet off to them today as time is of the essence - it would be better to get this sorted before an eviction notice arrives. Let me know if you need anything else. Nikki-niks letter to lender.doc
  20. I think you'd have to make payments for a while before asking to capitalise the arrears, they will want to see a good payment record. How much is the normal monthly payment ? Do you have the job offer letter yet?
  21. Do the budget sheet with what your new income will be - we will mention in the letter about the fact that it is a new job. If you are in doubt about anything on the budget sheet let me know. How much are the arrears ? How much is the normal monthly payment and how much extra did you agree to pay towards the arrears each month? How long is left to go on the mortgage? I'm working at the moment but will do the letter when I get home so you can email it tomorrow - are you OK with editing Word documents ?
  22. Hi, Firstly, lets get a letter done to the lender - that way if you do need to go to court the judge will see you have tried to come to an arrangement with them. Do you want me to draft a letter for you ? You should use the budget sheet shown in the repo guide thread - it calculates as you fill it in https://www.consumeractiongroup.co.uk/applications/core/interface/file/attachment.php?id=18014 I can help draft a defence for the N244 form if needed so don't worry about that (I've done hundreds). Ell
  23. Hi, sorry for delay in replying, I have been away for a few days. If you have received a letter advising that the lender proposes to execute the warrant for possession then the next notice you will get is an eviction notice. You will then have to apply to the court to have the eviction stopped but we can help you through that process. However, the judge will need to be convinced that you can actually afford the repayments. Is the mortgage only in your name?
  24. Did you take any advice regarding his dismissal? i.e. are you comfortable the employer followed the correct procedure and paid the applicable severance pay ?
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