Repossession 5th August

[sonic68]

hi ellen please can you help house is being repossed on 5th august sold my house went to sign papers on friday at solisitors other party having survy done tomorrow she has already got mortgage shes signed papers so she cant back out mortgage people keep telling me need both signed contracts before they can stop eviction time is running out is there anything i can do to delay it ive got a n244 will that help in short notice also court staff say i need to pay 35pounds thanks

[Ell-enn]

Hi Soni, yes you need to lodge an N244 as soon as possible together with any documentation you have regarding the sale (also a letter from your solicitor). I can help you with the wording for the N244 if you need me to? £35 is the correct fee for the N244.

 

I am going to move your post to a new thread in Repossessions titled Repossesion 5th August

 

Kind Regards

 

Ell-enn

[Ell-enn]

...

[sonic68]

yes please could you help

[Ell-enn]

OK, just a few questions:

 

Is the mortgage in joint names?

Can you get some evidence from your solicitor regarding the stage the sale is at and when it is expected to complete?

 

Ell-enn

[sonic68]

gosh this form is very hard to understand im common dont understand all this jargan will the judge read it in time

[sonic68]

yes its in joint names i can ring the solisiter up again tomorrow but he did say he needed a nother week firom the 5th just in case

[Ell-enn]

Hi Sonic, if you can get the necessary documentation from your solicitor tomorrow to go with the N244 and get it to court tomorrow afternoon then you should get a hearing Friday or Monday - and the judge will have read your N244 before you get to the hearing.

 

Tell your solicitor that you are submitting an N244 and he will know what to give you as evidence of the sale.

 

I'm sure, given what you have told me, that the judge will order that you are given the time to complete the sale. (I take it that you've had an eviction order for 5th August?).

 

Ell-enn

[sonic68]

yes 5th august 11.30pm can you please help with the form like what questions i need to ansewer and fill in please

[Ell-enn]

No problem, but I need to know what evidence you get from your solicitor to send with the form, so can't complete part 10. until then - are you able to get on line tomorrow after you have spoken to the solicitor?

 

Ell

[sonic68]

yes ill try and grt on line in te morning when ive spoke to soliciter as want to send in form a.s.s.p as im at woirk in the afternoon is that ok thanks

[sonic68]

solicitor already told me and estate agent today other party got mortgage having survey tomorrow other party signed something to say cant back out off sale

[Ell-enn]

OK, ring solicitor first thing in the morning and ask if you can collect evidence - he should know what to give you.

 

You can fill in the parts of the form from as follows: (I'll give you the text for the box at 10. in the morning when you have the documents/letter from the solicitor)

 

Fill in the boxes on top right with Claim No etc (will be on eviction notice)

Then:

 

1. Your names

2. Tick Defendant

3. Suspension of eviction order to allow sale of property to complete.

4. No

5. Tick at a hearing

6. 15 minutes

Agreed by all parties: No

7. Write - Not applicable

8. District

9. Both Parties

10. Tick box for Evidence Set Out Below

Cross out all options except We Believe

Sign and cross out all options except Applicant

11. Sign and cross out all options except Applicant. Enter your address and contact details.

 

 

Any questions, just shout.

 

 

Ell

[sonic68]

it only says i believe or the applicant belives

[Ell-enn]

Sorry, it will be Applicant believes

[sonic68]

once ive wote down the facts from the solicitor and ask him to send me a letter would i be able to take this to court with me .do in eed to put anything on the n244 to say 5th august is the day so they will seeit and get me in to court before it gets reppossed im getting worried im going to loose everything

[Ell-enn]

Hi, I understand you are nervous about the situation, but when you put your N244 form into the court - the court staff will refer to the eviction warrant number in order to make sure you get a hearing before that date. Also when the judge reads your N244 he will have been given a copy of the warrant and therefore he will know the eviction date.

 

Let me know as soon as you have details of what the solicitor gives you to attach to the form. Your solicitor may agree to come to court with you (but obviously will charge a fee).

 

Ell

[sonic68]

hi ellen sorry didnt get back to you had big problems with pc anyway solicitor told me what to write in colum 10 he sent a fax to evershields explaining the situation took my n244 in to court i see the judge at 9.50pm om tuesday 5th i hope he gives me a little more time too let the other party get her contract signed up shes already got her mortgage thanks for your help

[Ell-enn]

Hi, that's great. Have you got a copy of the fax the solicitor sent to Eversheds - you need to take that to court with you. Eversheds aren't known for their communication skills - and their representative might not bring it to the court. The judge needs to see it, so make sure you get a copy - it's your best defence as it will be on solicitor's headed paper!

 

Ell-enn

[sonic68]

hi ellen judge gave me 5weeks to exchange contracts thanks for your help

[Ell-enn]

That's brilliant Sonic - so pleased for you. Hope all goes well for you.

 

Kind Regards

 

Ell-enn