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    • Hi Guys, well a year on and my friend has just received this in the post today, obviously a little scared so looking for more of your advice.  Letter from the NCC dated 1-May-2024 is as follows.......   Before deputy district judge Haythorne sitting at the national business centre, 4th floor st Kathrine's house Northampton Upon reading an application from the claimant  it is ordered that  1. The claim be sent to the county court at #### (Friends local Court) Because this order has been made without a hearing, the parties have the right to apply to have the order set aside, varied or stayed.  A party making such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this order.  If the application is one which requires a hearing, and a) the party making the application is the defendant: and b) the defendant is an individual, then upon filing of the application the claim will be transferred to the defendants home court.  In all other cases requiring a hearing the claim will be transferred to the preferred court.    As a result of an order made on the 1 May 2024, this claim has been transferred to the county court at ##### (friends local court) 
    • I am heading over to hers tomorrow so I will find out.  Will there be something written in the agreement or does it depend on the agreement its self ? Just so I know what to look for, so I can provide as much information as possible on here. 
    • The answer to this is going to depend on what the agreement your friend signed says. Or contact the housing provider and ask them.  
    • Thank you all for the responses, to answers a few questions  - she has had the car since Jan 23 on a 5 year term.  - She is unsure what the agreement is called, but at the end she has the option to make a payment to "buy" the car - she recieves benefits for her young children alongside the ssp (normally she would be on NLW for a 16 hr a week job)  - Yes she would like to keep the car  She has not responded to the last email from them asking her to call and it'll be followed up in an email. I told her to hold off until atleast Wednesday so I can read a few posts on here and get some more information.  I will ensure she follows up with a letter, that has not been signed but instead her name written.   Thank you  
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Reposession Order, Sale Broke..Now what?


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Hi, you are going to have to offer something towards the arrears on top of the normal payment for the judge to suspend the eviction.

 

I have sent you a PM.

 

Kind Regards

 

Ell-enn

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Part B - it's your address.

 

What amount do you want me to offer in the statement toward arrears?

 

(Nearly there)

 

Ell

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Hi - I need to know what you are offering towards arrears so I can send you the statement.

 

Ell

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No problem, I have sent you the text. Anything else you need to know, just shout.

 

BTW did you make the £1000 payment today?

 

If I have gone off line by the time you read this. I will be on line again when I get to my office at 8am in the morning.

 

Kind Regards

 

Ell-enn

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Ell-enn , I really appreciate your help on this matter. My internet is ill behaving somehow and I have intermittent connection failures.

 

I am preparing all the documents at the moment and will be in the court tomorrow morning.

 

Yes, I did make the payment of £1000 this afternoon.

 

I will keep you posted.

 

best regards

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That's great, let us know when you have a hearing date.

 

Kind Regards

 

Ell-enn

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Part B - it's your address.

 

Ell-enn

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Dear fellows -

 

Can someone explain what will happen in the hearing. What should I be prepared for answering any questions judge may ask.

 

Or any advice will be appreciated.

 

Thanks and best regards.

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Hi there, the hearing is quite an informal affair. It will be conducted in a private room with just yourself, the judge and a representative for the other side. As the other side are bringing the action they will speak first. The judge will then look at your defence and may or may not ask questions. He will have read your N244 form beforehand and so will know what you are offering. Most judges are very sympathetic with litigents in person (that's you!) and will guide you through the proceedings.

 

Take your copy of the N244 and attachements with you so you can refer to it if need be. When you reply to questions, take your time and try to remain calm, the judge will understand that you are nervous.

 

Do NOT talk to the other side before the hearing. They may approach you in the waiting room and either try to come to an arrangement or else try to un-nerve you. Just tell them you'd rather wait until the hearing. Some of the lender's representatives are quite nice and are sympathetic to the debtors. However if it is some young solicitor just qualified they feel they need to make a show - but judges don't usually have much patience with them lol.

 

If there is a duty solicitor or CAB representative at court that day, ask them if they will accompany you into the hearing, the can be very useful.

 

Kind Regards

 

Ell-enn

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Wonderful !

 

Ell-enn, I appreciate all this.

 

Though a stupid one, yet it might boost my confidence....

 

By looking at the merits of the case , what are the chances that the judge will be inclined in vacating the eviction order.

 

Regards

Edited by goodiestotake
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We can do an updated statement to take to court with you, showing the payment you made yesterday (assume you have a receipt?). You have made large payments to reduce the arrears and provided the judge believes there is a reasonable chance of you sticking to the payment proposal going forward, you should be OK.

 

I've seen a lot worse cases than yours avoid eviction:)

 

Ell

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I'll draft something for you tonight, but it may be tomorrow morning before I send it to you as I have to go out later.

 

Kind Regards

 

Ell-enn

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Hi, what date did you make the payment of £2,000 by cheque?

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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Ell-enn - My apologies I couldn't come back to you yesterday.

 

I have prepared everything and will be in the court in time. I hope everything will go in favour !

 

I will write the update as soon as I have access to the computer.

 

Thanks very much again.

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good luck in court.;)

lloyds S.A.R -sent 04/04/200

statements received 11/05/2007

prelim-14/05/2007 -£4987

lba-30/05/2007

n1-20/07/2007

 

Co-Op prelim sent-20/04/2007-£136.50

settled in full

goldfish prelim-27/06/2007

 

capital one -deemed served -01/07/2007

settlement without cci offered 17/07/2007

halifax prelim-17/07/2007

 

aqua--prelim-13/07/2007

 

welcome-prelim-30/06/2007

lba-14/07/2007

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***** ORDER SUSPENDED ********

 

Deputy District Judge suspended the eviction order on the merits of the case and allowed to resume the monthly payments as usual + £150 on the top.

 

He also accepted £2000 towards the arrears. Rest of the amount will be paid back with the monthly payments as mentioned above. But I will try to reduce it ASAP.

Judge also warned me that there is not MUCH room if I fell short again with this agreement :D

 

THANKS VERY MUCH FOR ALL WHO HELPED ME ESPECIALLY ELL-ENN !

 

I appreciate, thanks very much again and best regards.

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That's marvellous news - I hope you can now relax this weekend. Glad you got a sensible judge too.

 

Well done for being brave:)

 

Best wishes for the future

 

Kind Regards

 

Ell-enn

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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