how did you get on with judge?

well hope so. fingers crossed. Ive got all my docs to hand the estate agents letters that house is on market. the letters from council to say we looking into mortgage rescue. also wrote on my defense that we asked for interest only to help during our loss of income and they refused, we also have £1000 to take with us to show judge on Monday in cash that they refused to except. we have our statements from 1st may 2006 when mortgage started to 25th April 2010. i added up since the capitalization of arrears we should of paid £9910 in mortgage payments but we only paid £2250 so arrears stand at roughly £7350 but then theres £800 charges too roughly to go on top of that. so Im hoping as our budget sheets shows we can maintain the payments from June on wards the monthly payment plus £100. can only hope now and hope the judge is sympathetic. reason for arrears building up wsa due to a loss in income from self employed business due to a roof falling in and took landlord over 12 months rectify. all scary as im thinking the worse for Monday and if possession is granted then Ive no where live let alone my ex partner and our little boy. what are the chances of a judge granting possession?

hi i filled in all my n244 form and got my hearing for monday today, but i sat down last night went through all the mortgage statments and it said not got exact figures on me today as statement is at home Total due to date £47,000 Total paid to date £40.000 Total arrears £7000 Then it said total charges to date £2500 so am i right in assuming my TRUE arrears is only £4500 and if so can i point this out to the judge as i went through the statements 3 times or more and it is all pointing that i am only £4500 in arrears as the rest are charges. which seems unfair as they knew we were in financial difficulties yet charged us so much. Also what are the chances of the judge suspending the eviction as we have offered them £1200 but they said no so we have the cash to show the judge and are budget sheet shows we can forth going afford the mortgage plus £100 towards the arrears. it seems they have been very unfair and that the TRUE arrears are not as much as stated as the rest are charges. help needed! :-/

hi it is with capston not kensington, my hearing is for monday morning. i sat down last night and worked out my arrears. it said total due to date £47500 total paid to date £40500 total arrears £7000 then it said total charges to date £2500 so i took the charges off the arrears which means my true arraers miss payments are only £4500 so ive put all this in my defence form. fingars crossed

hi well my eviction date is the 19th now. ive put all my n244 together i even made them a cash offer today for £1200 but wouldnt except it or take payment so im taking cash with me when i get my hearing to show judge we have the cash to pay a lump sum of the £8000 arrears also my budjet sheet shows we can afford the mortgage forthgoing and a £100 on top for the arrears. also have a letter of estate agents to show house is on market and there is £13,000 equity in property. so i am trying everything possible to keep house till sold. only reason for not paying or shud i say not paying what i shud be is because i had no income for over 12 months due to a roof falling in on a buisness premises as i run a barber shop had no custom and it took my landlord over 12 months fix in whixh i had no choice but to re locate in feb this year so hopefully judge will suspend it on the grounds we can now pay and have £1200 to pay off arrears? hope so

hi how did you get on with judge for suspension of eviction? i am going through same thing and i have a dependant living in the property. did they suspend it?

hi its ian again over capstone we spoke to them last week offered them £600 they refused we then managed get hold of some more money and offered them £850 they still refused. they said they require £3500 lump sum which they clearly know we cant afford. we need help now drafting the n244 as we have kept them informed of the reason for missed payments due to self employed buissness roof falling in, and i was receiving no income. Now ive signed on to jsa and am looking for another job, also ive a small income from the self employment there is also my ex who has an income from her job and tax credits due to us splitting up she now receives child tax and working tax. our budgjet sheet clearly shows we can now forth going afford the mortgage payments pluss a £100 extra for the arrears the arrears stand at £8000 because they wouldnt except mays payment off us on 1st may. We currently have the house on the market for sale, we owe £162,000 and the house is up for £175,000 we have 1 dependent living in the house with my ex partner who is 5 years old. i really need help drafting the n244 can you please help me

it will be £600 on the 6th may lump sum then £225 every week from 17th may onwards.

hi we spoke to them last night they went through an income expenditure and asked what we could pay as a lump sum off arrears. we told them most we can afford is £600 and then £100 on top of normal payments to be paid from 7th june but we would be making weekly payments so by the 7th june the monthly payment and extra would have been paid. they said that they will refer it for consideration but its unlikely to be excepted as its not enough of a lump sum. so i even more worried now all of this has caused me to lose my family and i need something good happen so i can sort this mess out and then work on getting my family back. so yes your help with a letter would be great. ian

well ive got appointment at job seekers next friday, also not sure how long before the mrs will be but yest ive all the details of the estate agents ive got the hip pack and house is on the market now. as me and my partner have split up but living in same house as neither one has anywhere else to go. she is now getting tax credits child credits she has the child benefit too her wage as well. it was myself that had the loss of income and this is why this happened. can you help draft a n244 for us as im really stuck on this one with what seems like only 3 weeks off till we get kicked out am scared.

ok how long does it normally take for one to turn up? solicitors letter yesterday stating they have informed courts for a warrent? what happens next?

think id prefer keep it just incase id be able show judge cash. also we got appointment with cab in 10 days time and they have refer us for the mrs but the mrs said we more than likely qualifie. i hope he does grant a suspension i got the mortgage statments from start to todays date through. and they say total amount due £55,000 total paid £42,000 fees charged £2600 the reason for the arrears is because i had a self employed barber shop and in dec 2008 the roof fell in and it took my land lord till jan 2010 to fix hence almost putting me out of buiness so i relocated in feb 2010 and its been slow rebuilding but is slowly getting there but the job centre said i can claim job seekers allowance till it does pick up just i have look for a job as well which i dont mind doing as it may find one with better pay. but house is up forsale and theres £13,000 equity in it too so will judge allow us time to sell? also we asked mortgage to put us on interest only and they said no.

hi i have done the budjet sheet already. i got my letter yesterday off there solicitors saying they asked court for warrent of evicition. As i have split from my partner we are both still waiting for the tax credits to send out the award notice with whats on and at min i have applied for job seekers allowance got an interview next friday. we have also waiting for an appointment for the mortgage rescue scheme and the house is also up forsale to as from today agents have put it on market. what worrys me is if i pay themthe money now that they wont accept and a judge grants possesion we cud of used that to re home. if i keep it cant i say to judge they wouldnt except it bu here it is to pay now as lump sum. its all very scary. help would be great with n244 form as well. and in your experience what are the chances of the judge granting possesion, there is a small child age 5 living in the property.

no i didnt attend the 1st hearing as i had to work, and my partner had to look after our son as there was no one else to mind him as her sister is disabled and the family had there hands full. i havent received the eviction order as of yet? but all the strain as resulted in me and my partner splitting up, and she is going to rinf them today and try and see if she can do something, ive only fell back into arrears since they capitalized them last may because i run my own barber shop and the premises i was renting the roof fell in in dec 2008 and the landlady didnt get it repaired till jan 2010 and as a result i lost a lot of buiness in fact i didnt make any earnings only enough to cover some buissness bills. I was looking to relocate because of this but as there were no propertys available i had to sit it out in the hope the landlady would hurry up and fix the problem, she didnt. so in feb 2010 i relocated to a new property 5 year lease and have made a payment in feb for £985 a payment in march for £340 but aprils ive missed my normal payment should be £800 + £100 towards arrears. our income for may onwards has improved now as we have split we both get seperate tax credits and them alone would cover the mortgage and the extra for the arrears. plus my ex's wage and my income there is more than enough but from may onwards. so i hope a judge will suspend it as there is a small child living there and we have house up for sale.

are arrears stand at £7100 but as soon as i make the £560 they go down but then mays payment due 1st may so takes arrears back up by £800 but by end of may they be back down again as i be making weekly payments in mean time so by end of may which hopefully be when evicition date is set the arrears be about £6500

hi i had an arrangment in place and was suposed pay £900 by 22nd march but i only made a payment of £340 so i got a 21 day letter and had pay the other ammount off £560 by 22nd april but i didnt have it till 26th april which is when i rang pay it but another payment of £900 was also due on 22nd april so when i rung she said sorry the arrangments been canceled and no more will be made unless i pay the £560 and the £900 today (26th april) which i clearly cudnt afford so i said i pay you the £560 they wouldnt accept and said they be instruting there solictiors to send me a warrent of eviciton. So i was going keep it and add to it untill i could get ahearing date but then thought it may look better if i pay it and weekly payments in mean time as well. as i thought if i did that it would show the judge i am paying something and trying to sort this mess out and the house is up forsale as we are going through a seperation and there is equity in the property. and we have a small child 5 years old living there neither party can move anywhere else and if evicted we all become homeless, untill house is sold. I have done my budget sheet and it shows we can now afford to pay the mortgage and a fixed ammount each week as we are both receiving indivual claims now due to seperation for tax credits so what are the chances of a judge evicting us? i know i have in past not been keeping to the arrangments the mortgage set in place but this was due to a drop in income due but now from may onwards income has imporved. help ....................

thanks but am wondering if it be in my favour to pay it i can pay it on a payment book i have as im thinking it will look better if i pay it and weekly payments till i get a hearing with judge? need ell-ens help with the n244 arrrrrg

where di i start. Well in 2007 i received a suspened order and was told pay 120 extra on top of mortgage payment. we maintained this for about 12 months then my self employed buiness start to decrease due to the climate and ecomony. the mortgage company aggred a smaller amount on top of the normal payments. we carried on and then in dec 2008 the buisness property i was renting the roof fell in and it too my land lord till jan 2010 to fix this. as a result i didnt receive any income only my partners wage and tax credits. in may 2009 the mortgage company agreed to capitalize the arrears and we continued pay the mortgage payments. but as i still wasnt receving an income due to the roof problem we fell back in to arrears. i then move my buisness to another premises in feb 2010 and it is slowly building back up. i had an arrangment in place but fell behind on it and i paid £995 at end of feb and then ive paid £340 in march and then i was going pay £560 yesterday to bring marchs payment upto date but they wudnt accept it said they appling now for eviction. so can iget eviction stopped? as house is up forsale there is small child living in property we would become homeless, me and my partner have split up but living under same roof as neither have any where else to go and we would end up homeless. she is now recieving more of an income as a result of the split benefits and so am i tax credits. is it best for me to not pay the £560 and keep it till the court hearing or shud i pay it and as much as we can every week to show we can pay the mortgage from now on and a little bit more towards arrears? what is the likely of a judge saying no and evicting us? help!!!!!!!!!

this is my strory i had a arrears in 2007 got a supspended order and continued pay payments then my self employed buisness weakened and the ecomony didnt help, they capitalized the arrears back in may 2009 and buisness continued going down and we fell back into arrears, i have moved my buisness and it is now starting to produce an income, but i have decided that we cant afford the property and it is up forsale. phoned mortgage today to pay something as my arrangment wsa behind and they said they have instructed for a eviction warrent. i have a small child and his mother living in the property and they will become homless if it is taken into possession, i can afford to pay the monthly payment and a little on top till house is sold but they wont except. how soon will i be made to leave and also can it be defended and stop as if it is taken into possession we will be in negative equity and both of us will have to go bankrupt. plus my family will become homeless. this has resulted in us spliting up and i want to do right thing which is why we are selling it but will ibe given time to do this? help!!!!!! mortgage is with capstone

well the update is ive managed to get hold of the money they were asking for, so lets hope i things stay good from now on, thanks for everyones help

hi thanks they said my arrears are £5800 and when i spoke to them before they said the order is not in place as ive cleared the arrears but theyd have check with there solicitors first but the guy on tthe phone said he would set up a new arrangment and hass set up that i pay £1700 on feb 22nd and then my normal payment of £800 plus £100 towards arrears ive asked them for a sttment so i cn see my true arrears are. so this gives me time to find the money but yesterday when i put this to them they were having none of it so do you think they have found out about the order and it maybe it is canceled and thats why they have now set up a new arrangment? also does anyone know how id go about trying to claim loss of buisness from the landlady i rented my buisness property off as this is why all this mess has happened again, i cant afford a solicitor as ive not ernt any money for 12 mnonths because of the roof sitution hence why i am now moved to new premises. but back to my mortgage is it possible to claim back all the charges? as the previous arrears before they capitalised the where for £10,000 and im suree that was mad up of mostly chargees.

well this is now a odd one, ive just been on phone and spoke to lovely man and he has set up new arrangement, he said £1700 to be paid on 22nd febuary and then my normal payment on 1st march for £800 + 100 extra towards arrears now tis has given me a bit of breathing space and hopefully i will get the money together by then as i start working on 1st feb and if not i be able sell this car in the mean time, but he also said he was unsure if the order was still enforceable, do you think they already know that it wasnt and thats why they have set up another arrangement? as yesterday i was getting no ware and was told id be getting a warrent of eviction and no more arrangments could be set up. .........

i will ask them now and see what they say, but what are the chances of keeping my home if i goto court? will a judge be sympathestic and suspend the warrent and let me pay my normal payment plus extra towards arrears? as arrears only mounted up again because of loss buisness due the roof falling in and it took to long for the landlady to repair, hence me now reloacting my buisness to a new premises,

thats what i thought but they said they spoke to there solicirors and that they are trying to find out if the old order is still enforceable? am worried because i dont know what to do,they said yesterday that i would have pay £1700 to bring my arrangement upto date but didnt give me a time as to when id have pay it my next payment is due on 27 feb i am trying to sell a car at present that will get me the £1700 but if they find out today the warrent is still enforceable then what will happen then as we dont want lose are home and this has been a temperay situation due to the roof falling in on my buisness premises and the landlady took 12 months to fix the problem and it resulted in me losing buisness, can i still get a warrent of eviction stopped if it goes that far? if so how do i do it and is it worth me doing it now before they get one? hellpppppppp !!1

i'll start from the beging. i am self employed and have been since april 2004 i own my own barber shop, my partner is a carrer looking after her disabled sister. the 1st shop i rented the landlady knocked it down and i had to relocate my buisness in april 2005 i then took out a mortgage with capstone mortgages in may 2006 and i maintained my payments until january 2007 when the landlady of my new shop wanted to knock them down too so i had to relocate again in march 2007. in september 2007 we got a suspended repo order and i maintained payments of £1000 + 120 towards arrears, then in december 2008 the new propeet i rented the roof fell in and it had a huge effect on my buisness and with the current climate it didnt help the landlady took 12 months to fix the roof and it only got fixed in december 2009. in may 2009 because id fell back into arrears because of the lack of work due to loss of earnings with the roof falling in, capstone capitalised my arrears and i then fell back into arrars again beacuase the landlady was dragging her feet get the property fixed so i could work so i decided to seek new buisness premises and have just signed a 5 year lease and open for buisness on 1st feb 2010 in a prime location and i will be able to start earning again, the problem is i have spoken to my mortgage company today as we had arrangements in place but due to the lack of income due to the roof falling in and loss of earning beacause of this they said unless i can pay £1700 today they will be seeking a warrent of eviction, i thought the warrent was not enforcable still as the arrears where cleared in may 2009 by capitalisng and that cos these are new arrears they would have to go for a suspened order again. they are going to let me know as there solicitors are looking to see if the warrent is enforceable still. i dont want lose my home as i have a small 5 year old, i can pay my normal monthly payment as i will be working again as from 1st feb and my mortgage payment is less that what it was when i was on a suspended order it is currently £800 i can also make an extra amount of £100 towards the arrears and i maybe able to get hold of a lump sum of £1500 from a family member. what do i do? can anyone help? as i am not sleeping and this causing a real upset with the family.. i