Help please repossesion hearing 13/8/08 not sure what to do

[mich7k]

Ellen where do i get the form N244 form? the form i have is a N11M?

[Ell-enn]

Right, sorry - if you have the N11M, that is what you should fill in. The text I have given you should go in Q.27 (or if it doesn't fit, put on separate sheet) and only attach appendix 1. Take the reference to the income and expenditure sheet (appendix 2) out of the text.

 

You don't need the income and expenditure form, as you will have put those details on the N11M.

 

There is no fee for the N11M.

 

Apologies, hope it didn't confuse you.

 

Ell-enn

[mich7k]

thanks Ellen will put everything on the form bless you and once again i appreciate your help

[Ell-enn]

No problem my dear, happy to help. Hope it works - make sure you talk to your case worker about the letter - if you ask she might come to court with you.

 

Ell-enn

[mich7k]

Morning Ellen just wanted to let you know that i got the letter from my welfare case worker i have added it as appendix 2 hope thats ok

[Ell-enn]

That's great - well done. Fingers crossed now. When you meet with the case worker tomorrow (?) just ask if she would be willing to come to court with you - sometimes a bit of "official" presence helps to sway things with the judge . She would be able to tell him how eviction would affect your son's health.

 

Ell-enn

[mich7k]

hi Ellen

hope you are well. I paid £100 over the phone this morning and the guy was trying to get me to agree a high payment again i explained that i didnt want to get stressed out and that i would be asking the court for a lower monthly payment. He told me that solicitors and welfare rights worker are unaware of the companies polices and that they NEVER accept reduced payments. So im a little scared although i have filed the papers today!

[Ell-enn]

Hi there, the guy was just trying to scare you It's not up to the mortgage company once it gets to the court hearing - it is the judge who will make the decision. Try not to let what he said worry you - as I said, if you can ask your case worker to come with you it may be a good help.

 

Try to stay positive

 

Ell-enn

[Helford]

Mich,

 

Hang in there! Ell - enn is on the ball.

 

The 'Muppets' at Capstone Mortgage Services Limited really do not know there **** from their elbow!

 

I've just sold my house and had the redemption statement through and they have tried to 'sting' me for a 1% penalty charge (An awful lot of money!) Now if you give them a month's notice they should not charge this. I wrote to them at the end of March and told them with further copies to Preferred Mortgages Limited (SPML's sister company), now I sent BOTH guaranteed next day delivery and have a receipt signature for both. They have ignored both letters and tried to pull a 'fast' one. Idiots!

 

Once I am shot of them, I can feel a penalty charge case coming on Lol.

 

If the mighty Abbey roll over and refund, it won't take much to take on the 'Muppet Show'!

 

Chin up!

[Bona]

got my erx back under the same circumstances hamg in their

[mich7k]

Hi guys

thank you for your support i have just got over one hurdle today (see my other thread "dla refused for 5 year old son") so let the next battle commence for next week! I have been awarded middle rate care for my son which means i am entitled to help with housing costs!

[Ell-enn]

That's great - will it be backdated?

[mich7k]

yes they said it will be backdated to january 08 when i first made the claim what should i do about my hearing at the courts next week?

[Ell-enn]

You should get confirmation of your award in writing - whether it will come in time for your hearing is another matter. Would your case worker be able to get you any confirmation before then? This would help enormously as you would be able to prove you have a lump sum coming which would go towards your arrears until the mortgage benefit kicks in in December. Did you ask the case worker if she would come to court with you?

 

Ell-enn

[mich7k]

hi Ellen my case worker cannot attend court with me next week however she said i am entitled to help with housing costs from january 08 nothing for the first 8 weeks then 50% until week 26 then full entitlement from week 26 onwards. i have a copy of the award they gave me today which will be backdated

[Ell-enn]

That's good you have a copy of the award. We can do an up to date statement for you to take to court and hand to the judge, this will be a big help to your defence

 

Do you know how much the backdated payment will be? and how much you will get each week from now on?

 

Ell-enn

[mich7k]

well not sure on exact amounts but i need to get the ctc backdated and paid as well will find out on monday when i call everyone i know the dla is over £1000 so thats good and i can pay off some of my arrears eh?

[mich7k]

just got to drop off the kids so brb ok

[Ell-enn]

No problem, it's looking much better for you

[mich7k]

Hi Ellen

Hope you had a good weekend i certainly slept better than i have the last few months. Well anyway what do you think i should say to the judge on Wednesday? I have spoken to the mortgage section today they informed me that i will be entitled to help with housing costs from 14/5/08 as my circumstances have now changed but i have to get carers allowance first but i am waiting for the application form to arrive:rolleyes:! The tax credit guys said i will get an extra £44 pounds per week from now on this will also be backdated.

 

Obviously it will be all sorted out eventually but on Wednesday i want to be able to explain all to the judge and him understand me. I also wanted to offer @ £30 per month off the arrears plus the regular payment,do you think this is ok or too low? I just dont want to say that I can pay more than i can manage.

[Bona]

Just be honest and when you have the chance explain take any information you can with you say it slowley and factualy. When you get to court the other side will want to talk to you my advice is not to most are devious and they say things they deny you know what you are going to say so say it to the Judge it will be fine

Bons xxx

[Ell-enn]

Hi there, sorry for delay in replying- had visitors this evening. I will work on a statement tomorrow for you to take to court with you on Wednesday.

 

Can you list all the documentary evidence you have and also work out what your back payment should be (approx).

 

Are you saying you can now pay the normal monthly payment plus £30 per month towards the arrears until the DWP mortgage benefit kicks in? also are you going to offer your back payment towards the arrears?

 

I'll be in touch again tomorrow.

 

Kind Regards

 

El-enn

[mich7k]

Hi Ellen my son's dla back pay is around £1000, ctc back pay is @ £900 carers allowance is @£1000 after speaking to the mortgage section at income support yestereday they said i am entitled to help 50% of the mortgage interest from 14 may 08, then 100% from 10 setember 08. The problem is i have to claim carers allowance in order for the mortgage interest to be paid from these dates; the claim form for me to do that was only sent out last week the man said it takes up to a week to come! Once that has been processed then the payments will be made direct to SPML and providing all of the infomation is included a lump sum payment will be made after a couple of days thereafter it is every 4 weeks.

I have the letter from the tribunal stating that the benefit (dla)will be backdated to 15/1/08.

I have already attached the benefit calculation from my case worker in the defence form and the letter from the DWP stating the benefit will start from december 08 as originally thought.

 

I was thinking once this is all sorted out i will be able to pay £30 per month towards the arrears. Im not sure what the interest payment will be but my mortgage payment monthly is 514.87 so i am guesstimating that they will pay around half which means i will have to pay the rest plus the extra £30. I paid £100 last week i was going to pay some more £100 today or should i wait?

 

Could we ask the court to suspend possession as i am waiting for backdated payments of the following benefits from January 08 sorry for garbling on any way this is who im waiting on for backdated payments: DLA, CTC, INCOME SUPPORT, CARERS ALLOWANCE, MORTGAGE SECTION

 

not sure what to do Ellen what do you suggest?

[Ell-enn]

If you have that amount of back pay coming, I can't see how the judge will give possession.

 

I will make a start on your statement as soon as I can today (I have a lot of meetings, so it will probably be this afternoon).

 

I'm sure it will be fine.

 

You will need 3 copies of the documents you are affixing to the statement - take the ones you have already sent in with the forms just to make sure the judge sees everything!

 

Ell-enn

[mich7k]

ok thanks Ellen speak to you later Mich