Tilly V mortgage express repo

[Ell-enn]

Hi Tilly, I'm sorry to hear you find yourself in this position. However, I can help you with the N244 especially part 27 which is the most important.

 

Did you return defence papers to the court and attend the first hearing? or did the lender get possession in your absence?

 

You say you won't be able to save the house - are you sure? the judge can order the arrears to be paid over the remaining term of the mortgage if necessary.

 

Try not to panic too much, there are still things we can do.

 

Kind Regards

 

Ell-enn

[Ell-enn]

Has he told you what was agreed at the hearing? Have you been making any payments recently and could you afford the mortgage payment + something towards the arrears going forward?

 

You need to get an N244 in as soon as possible - you can download the form here Her Majesty's Courts Service - Home

 

Select Forms and Guidance from the menu on the left hand side and enter N244 in the box. You can then print off the form and I will help you through it. If you an answer Gizmo's questions in her post we will take it from there.

 

Kind Regards

 

Ell-enn

[Ell-enn]

OK, the main thing is you need to keep the roof over your head while you decide to sell or not. Is there any prospect of your husband going back to work in the near future?

 

Download the form in the meantime and I will come back to you in the morning to help with it.

 

Please try to stay positive, we will help you as much as we possibly can.

 

Kind Regards

 

Ell-enn

[Ell-enn]

Just a thought, but do you have any personal accident insurance? - sometimes it is included in your house insurance

[Ell-enn]

Hiya, what about the car insurance? also, a friend of mine has accident cover with her credit card (trying to think of anything at the mo!)

 

There is some case law we can use in your N244 to allow the judge to give you time to sell the property - so fingers crossed you should be able to stay there for a while. Also, is your husband classed as disabled?

 

Ell

[Ell-enn]

You could also contact Shelter 0808 800 444

 

Ell

[Ell-enn]

Hi Tilly, let me know when you're ready to start filling in your N244.

 

Ell x

[Ell-enn]

Is there any personal injury clause in the car insurance?

[Ell-enn]

Tills, once you get a hearing date we can do an updated one page statement the day before. We can include the situation regarding alternative housing etc. as you'll know more what the options are by then.

 

Ell x

[Ell-enn]

Noooooooooo i forgot all about a hearing :o

 

 

 

Tills it won't be as bad as you think, the hearing will be in a private room with just you, the judge and a representative from the other side. Judges are usually very good with litigants in person (that's you hun!). Often there are duty solicitors or CAB representatives (and sometimes housing association reps) in attendance at court and they are able to come in with you if you want and help put your case over. When you take the N244 to the court ask if they have any of those available.

 

You can do it - just stay positive.

 

Ell x

[Ell-enn]

I wish I could come with you Tills, but apart from the fact I'm too far away I am on leave that week and staying with friends up north:(.

 

Ell

[Ell-enn]

I wish I could come with you Tills, but apart from the fact I'm too far away I am on leave that week and staying with friends up north:(.

 

Ell

 

oops, I'm not away till the end of the month - just remembered seeing the date 27th May earlier in your post. Obviously that's not the hearing date (doh!)

 

Ell x

[Ell-enn]

Hi Tills, it's £35.00:(

 

Ell x

[Ell-enn]

Tills, this is from HM Courts Service Website:

 

Ell x

What if I cannot afford the fee?

You do not have to pay a court fee if you receive one of the following means-tested benefits:

• Income Support; or

• State Pension Guarantee Credit; or

• Income-based Job Seeker’s Allowance; or

• Working Tax Credit provided you are not receiving Child Tax Credit; or

• your gross annual income does not exceed a specified limit. See leaflet EX160A for more details.

If you show that a payment of a court fee would involve undue hardship to you, you may be eligible for a part remission. The amount decided will be based on a detailed means-test to assess your disposable income. Court staff will calculate what contribution you should make towards the fee.

For further information, or to apply for a fee concession, ask court staff for a copy of the combined leaflet and form EX160A – Court fees – Do I have to pay them? This is also available from any county court office, or

[Ell-enn]

You can see the leaflet here:

http://www.hmcourts-service.gov.uk/courtfinder/forms/ex160a.pdf

 

 

Ell

[Ell-enn]

What have you received telling you that the repossession will take place on 27th May?

 

Ell

[Ell-enn]

Tide, I'm just waiting until Tills tells me what notice she has received - if she has already got an eviction date she should be able to lodge the N244 for £35.

 

Ell x

[Ell-enn]

Ah, right, I thought you'd been given an eviction date of 27th, but I've never heard of anyone being charged £75.00 before:( let me have a scout about and see what I can find out.

 

Ell x

[Ell-enn]

I think it's certainly worth a try.

 

Ell

[Ell-enn]

It's the same form for both, so the one you have is OK.

 

Lx

[Ell-enn]

Tills, what date was the hearing your OH went to?

 

Ell x

[Ell-enn]

Hiya, sounds like you got a 56 day order:

 

56 day possession order - Where the defendant has no long term proposal to look to the Court, but is asking for more time, or is perhaps hoping to sell then the Court has the discretion to extend the time. Although the most usual is 56 days (2 months), they are sometimes prepared to give up to 6 months. At the end of the specified period if the plaintiff is not given vacant possession they can then apply for a Bailiff’s Warrant.

 

I'll try and find some case law for granting 6 months (ever hopeful eh?)

 

Ell x

[Ell-enn]

Nooooooooo Tills, I was just trying to work out what sort of order you had, you did better than most at 56 days - 28 days is more usual! The judge must have thought you had a good chance of selling.

You haven't had the eviction notice yet - get that application in - we've got the case law quoted in your statement, you could well get more time:). Also make any payment you can in the meantime.

 

Stay with it hun.. we're with you all the way

 

Ell x

[Ell-enn]

So you've got it back now - right?

[Ell-enn]

You're doing great gal, bound to have a few lows now and again, but you'll get through it:wink:

 

We'll throw every bit of ammunition we can find at them....

 

Ell x