Thank you for your response. We are submitting the N244 tomorrow and will bear in mind all that you have said. I suppose we will just have to take a chance and pray. I forgot to mention that the b/s did say that they would only stop the evicion if we paid the arrears in full ie£48,000. Great!! I had already seen the C&G b/s v Norgen case history thank you. This is helpful too. Once again, thank you for taking the time and trouble to respond. Fingers crossed all goes well!

Sorry not sure if I sent that reply, so I'll begin again. This is a default on the Court Order. We did have 56 days to sell, then because of my mother's medical history and the fact my husband received a job offer, we did not go into court, the b/s agreed to let us carry on with the new payments, ieCMI plus £100 off the arrears and furthermore after 3 months agreed to stay with this arrangement until end of Dec 2011. We defaulted in Sept and telephoned to explain that this may be the case and we would rectify the matter in full with the October payment at the end of October. Six days after we received the eviction notice. Even though we offered to make payments on the phone, they would not accept them. Will we be allowed another 56 days?

Hi The arrears (don't fall off your chair) approx £48,000 Term left to run 20 years My husband is a consultant and i suppose this is more like a contract My mother does not contribute to our mortgage Depending on how much we sell the house for ie it was up originally for £525,000 then reduced to £495,00 now reduced to £485,000, will depend on whether we are/are not in equity/negative equity I would like to point out that my husband is owed a very lot of money, which is why we got into arrears in the first place and the b/s are in possession of a contract showing how much my husband is owed. However, those monies have not come through, as the chap owing the money keeps avoiding payment, despite us having a water tight contract which was drawn up very professionally. I can't begin to explain the ins and outs of that. In the meantime my husband is due some monies via other work that he has carried out and part of those monies are due probably by the end of November. Obviously we live off these monies and we have been told that even paying off some or all of the arrears would leave us in a very precarious position, as if we were to default again, then we would be back to square one. We would also have no money to live off thereafter. Therefore it would be better to be able to make sure we can make the regular mortgage payment and payment toward the arrears. The o/s mortgage is approx. £475,000. I trust this is the information that you require. To be quite honest this house for the last 6 years has been nothing but bad news. I am not a raving lunatic, however, I do feel there are bad vibes here. I could read you a long list of problems we have had which includes two robberies. Nothing seems to go right and whilst the house is lovely, I would dearly like to leave with my head held high and my respect in tact even though we may have a negative equity situation. Therefore a period of time to sell the house ie 56 days would give me the time to come to terms with the situation and to arrange alternative accommodation and to prepare my mother in the best way possible. Obviously also to sort out any final settlement. Does all of that make sense? I hope so. Thank you for your help. Do you require any further info?

The b/s applied for repossession in february 2011 and because my elderly (very ill) mother resides with us after producing documentation from her doctor, it was agreed that we would be given 56 days in order to sell the property. During the 56 day period my husband took a consultancy job (previously not employed) and was able to commence mortgage payments plus something off the arrears. The b/s agreed to this and then agreed to keep this in place until end of December 2011, after which they would review our financial situation. ie could we afford to pay more off the arrears. Unfortunately my husband was paid late in Sept 2011 and we rang the b/s to explain that we would make the sept payment in october with the arrears payments too. The b/s said we must make payments asap and 6 days later (6.10.11) we received an eviction notice. We now have to vacate on 8th Nov 2011. We rang the b/s and offered to make a payment that day (6.10.11) of £600 and a further payment on monday (10.10.11) and the october payment at the end of october. The b/s refused. We have tried to think of all sort of ways to sort this problem and to speak to people. Unfortunately everyone wants you to wait till the death. You are now my only hope of speaking to someone asap. We are in the process of completing the N244 form. Our home is up for sale and we have reduced this substantially. The agent now says we are in a good price bracket and that the web statistics show a flurry of interest on the property, albeit we have not had any viewings or buyers. The agent has written to us to confirm this and I shall attach a copy of this to the N244. My husband is in a postition to pay the monthly payment and an amount towards the arrears. My biggest worry is that my elderly mother who is under psychiatric care and has a bad heart, is almost blind and deaf and has lowey bodies disease (form of dimentia), will suffer during the move as this type of person does not like any form of disturbance. (This is some of her medical history). My husband has agreed to attach a copy of the income and expenditure form to the N244. Do you think we stand a chance of getting the evicition notice quashed, even if only for a further 3 months, to allow us time to sell or to find alternative accommodation. Trouble is of course, bad credit history will mean private renting will be difficult, not to mention two dogs and a cat. I am at my wits end.