Hi All, First off thank you, thank you, thank you for everyones help - especially Ell-enn. I went to court today and have had the application suspended I understand from previous post's that it is in the interests of other users to explain the process a little to possibly help/reassure others and feel it is the least I can do! First off, felt sick with worry this morning and have been feeling like this since the eviction date was given last month. I got to the court about 45 minutes early but in all honesty my first and only mistake was not asking if the duty officer was available :-s Whilst I was waiting the gentlemen who was representing KM came in and the clerk pointed him in my direction should he wish to approach me which he did not - thank god. We got called into the court chambers and the judge looked like something off TV in terms of his chambers - sounds stupid I know. Anyway, the judge literally spent the 1st 5 minutes reading through my N244 and summarising to myself and the KM rep. He then turned and advised it was my application and to explain what had let to the arrears which I did. I then took that opportunity to give the judge and the KM rep my statement (from Ell-enn) and my proofs of payment recently (again thanks to Ell-enn for the reminder to take those). Then the judge turned to the KM rep after reading the bit about the Norgan precedence and asked the KM rep about my total arrears, mortgage length and then with a look which I can only describe as "what the hell is this guy doing here" being shot to the KM rep he said to the Rep that it was a "compelling" and "exemplary" case and that he would be suspending the warrant and accepting my offer. Truly the biggest weight of my life off my shoulders. The more I have thought about it the more I am thinking this not the end… I am really going to look at my rights in terms of what KM have done wrong etc and start standing up to them. Guess it just leaves me to say… thank you, thank you, thank you. If anyone would like any more info on my experience please ask as it is the least I can offer.

That statement is brilliant Ell-enn. Am going to make the necessary amendments now and print everything off tomorrow morning. Thank you so much and will definitely let you know tomorrow how I got on.

Hi James, Do you work at KM? If so do you think based on what I have laid out that I can come to an arrangement before court or before the eviction? All I have been told since this all started is that the only people that can deal with my account and make a decision is the Evictions Team, so don't know how you would be able to assist? I can call, but will be tight as got to be in court at 10.00am?

Hi Ell-enn, If you could help me with a statement that would be appreciated. I have spoke to KM on the following dates; 24th May 2013 28th May 2013 30th May 2013 3rd June 2013 x 3 6th June 2013 10th June 2013 11th June 2013 x 2 gf 12th June 2013 x 2 13th June 2013 14th June 2013 I have also sent them 2 bundles of paperwork/proof, but no arrangement agreed. I am offering to pay £448.02p per month which is £382.87p for contractual amount and a further £65.15p towards arrears. If I understand this Norgan rule then that should be ok shouldn't it? My budget form next month will have a positive balance of £60.01p per month spare - this is after the above offer. The reason I have not offered more is because in reality some of my bills fluctuate., like my mobile bill, I have used the monthly contract amount in the budget but this month will be a lot more due to calls to KM. All I know in terms of my arrears is that the current arrears are £5332.63p which is nearly £600.00 less then when this all started. Not sure if the arrears include charges/interest - most likely they do but thought I would look into this if I can stop the eviction, but guess should have asked KM.

Hi All, Thank you so much for all the help and advice. I have already printed my budget sheet for next month onwards and have done copies. Have got details of my payments and the authorisation codes and trust that should suffice. This is definitely the 1st time an eviction date and time have been set, and if I am really honest, usually when I have spoke to them previously they have been ok in terms of making arrangements, but something with them seems different this time - as if they wan't me to get evicted. I have been so stupid as well, they have been keeping me hooked since 24th May 2013 about getting an answer and then when I called on 14th June 2013 I was gutted they were pedantically asking for more information. Haven't even thought about what I would do if the judge sides with KM. Is this number; 0800 1300 989 for KM and what about this about a statement?

Hi again Lea_HTH, Thank you very much for your reply - especially so late in the evening. I have made an additional payment of £150.00 (part of the surplus income for this year) last week whilst I was waiting to get paid and when I did get paid on Friday 14th June I made that payment of £448.02p as said earlier - that is the most I can pay this month. Just been looking at old paperwork and looks like you are right, think court made order for possession that was granted in January 2012 and I made my arrangement with KM direct. Will get to court early and ask if their is a duty adviser, but if not will just have to do the best I can. I have forgot to mention that KM owe me £360.00 in incorrect buildings insurance charges which they are in the process of refunding, so that will further reduce my arrears - will mention that to the judge as well. Last question if I may, will the judge look at things like how uncooperative KM have been the past 2 weeks or no point in highlighting that? Thanks again for yours and everyones help and just have to wait for Monday now :-s Worried sick

Hi Lea_HTH, Thank you also for your reply. I think I am confusing myself with the legal jargon. I have never been to court for my mortgage before and the court has never ordered me to pay a fixed amount - I am aware KM have been to court though over my arrears but I have never attended. The arrangement I defautled on was an arrangement made between me and KM, not via the courts. I was referring to a letter KM sent me which reffered to "An Order for Possession" and that's what I meant earlier. Also, as for my income & expenditure - my income is so confusing in terms of changes, hence in the last few months I could only afford my contractrual mortgage amount and concentrated on that. My log book loan (I know it was very stupid to take one out) ended last month, hence, budget form show's £250.00 extra this month, but next month salary goes down by that amount - confusing or what. Does that make my chances better, in terms of not had a court order before?

Hi Ell-enn, Thank you very much for your reply. I have completed a budget form this afternoon and have printed 3 copies; for myself, the judge and the KM representative. Will be ok that my Income & Expenditure for this month show's I have £250.00 per month left at the end of each month? This is after my proposal of £65.15p? The reason I have not increased my offer is because the left over amount is because I have been on a job secondment and this is due to end next month and want to propose an offer that I can keep to when this happens? At question 10 of the N244 form I basically referred to the documents I had attached which were the ones I sent to KM and they detailed why I failed the previous arrangement and what I was proposing moving forward. However, I have not referred to the Norgan case law as I wasn;t sure whether to do that? Do you think I stand a chance of getting to keep my home? I have never applied for the Warrant to be suspended before which I hope goes in my favor and I know I can reduce my arrears well before the term of the mortgage and have documented this. Am so scared as don't know what I would do if eviction went ahead - haven;t told any friends or family about this as know that no one is in a financial position to help.

Hi Newborn, Thank you for the reply. The payment was taken by Becky in the Evictions Team and she also said that by me making the payment it would not stop the eviction, so they have not accepted the arrangement and are still proceeding. I am the sole owner of the property, why do you ask? Do you think I have any chance of preventing the eviction form going ahead? I have been on the internet doing a lot of searches and am wandering wether on the basis of the "Cheltenham & Gloucester Building Society vs Norgan" ruling that I can't be evicted? At least that's what I am hoping for. Oh, I have never been to any kind of court in my life, and it may sound silly, but how do I address the judge?

Hi all, As you will see I am a "newbie" to this site and it's forums so please go easy on me in terms of judgement :-s My Story: I have had a mortgage with KM for 9 years and for the first 6 of those years I was keeping up with my payments. However, 3 years ago I lost my job and fell into arrears. I have been making payments on and off for the last few years and during this time missed a few more payments. KM has been to court - around January 2012 they were given a possession order. Since then I have been on an arrangement plan with KM and agreed to pay £440.00 per month (Please note my contractual mortgage amount is £382.87 and £57.13 was towards arrears). I defaulted on my last plan in December 2012 whereby I did not make the required £440 payment at all that month due to unforeseen motoring expenses. Since then I have paid the following payments; January 2013 £400.00 February 2013 £400.00 March 2013 £400.00 April 2013 £400.00 May 2013 £425.00 In March 2013 and April 2103 I got letters through the post both saying their records showed I was making payments above my contractual amount and if I continued to do so then I would not be charged the monthly £50.00 arrears charge. Both letters did ask me to urgently get in touch and to be honest I knew I had to speak to them as I wasn't paying the agreed £440.00, however, did not mention possibility of eviction. To my surprise I got a letter on 23rd May 2013 advising an eviction date had been set for 18th June 2013. From the 24th May to date I have called KM 16 times (to the cost of £80.00). I have gone through an Income & Expenditure and offered £448.02. They asked for a lot of information in support of my Income & Expenditure and to date I have sent 46 pages on 2 separate occasions detailing and supporting everything, including my unforeseen motoring costs. Every time I have called I have been told I have to speak to the Evictions Team who have never been available. However, on Friday 14th June 2013 I got through to Becky in the Evictions Team (truly one of the nastiest people I have ever spoke to) who asked for more proof - statements for a dormant bank account and advised my account cannot be passed to a manager for a decision until I provide this. So, what I have done is gone to my local County Court and submitted a N244 and have a court date for Monday 17th June 2013 as their was no way I could get the information to them by post in time. As part of my N244 I have gave the Court a copy of the 46 pages I sent to KM, along with my 2 covering letters and explained my difficulty in coming to an arrangement. However, I did forget to include my income &expenditure form in with the N244 and have been told the judge may not accept on Monday. Reason for my long post (sorry about that) is because I am so scared to lose my home and worried the judge will favour in KM. I just wandered what everyones thoughts were on the possible outcome and if anyone had any advice about going to court? Oh, not sure if you need to know this as well; Made a payment of £448.02 (which is what I am proposing) on 14th June 2013 - although they were reluctant to take this payment. Current Mortgage balance £69,000.00 - approximately Current Mortgage arrears - £5400.00 Mortgage term left - 21 years I would really appreciate any advice or support as am worried sick and haven't been sleeping/eating properly.