Repossession on the 5th August

[4dam]

Hi all hope someone can help me very quickly.

 

I have a repossession order on the 5th august for my house.

 

I have phoned up the DB mortgages solictors and offered to pay them £1400 off the arrears then to pay double what i would pay each month until i clear the areears off(about £5500). My monthly payments are normally £630. A bit about the history of how i got into this situation. I 1st started to miss payments towards the end of last year because of the CSA had re assed my case and decided i had not been paying enougth. so they left me really short off cash for a few months. DB mortgages got a repossession order around april. I made a aggrement with them then. paid some arrears off and then only made one payment. When out of the blue the CSA came along and took more money from my wage after reasseing and saying i owed loads again(£2650).

 

Any help on how i can stop this repossession on such short notice.

 

Pleas help very desperate

[Ell-enn]

Hi there, firstly calm down - there is always something we can do.

 

When you say you have a repossession order for 5th August - do you mean an eviction order?

 

If so you are going to have to get down to the court and enter a N244 form (I can help you fill that in)

 

Need to know exactly what the order says

 

Kind Regards

 

Ell-enn

[4dam]

it is a notice of eviction

 

warrant for the possession of the property to take place on the 5th august 11am

[Ell-enn]

OK, we'll need to move fast - but it can be done.

 

You need to lodge a N244 form at court this afternoon you can download it 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. It will then take you to the dcreen where you can download the form. Do you have a printer?

 

Also, the fee for entering this form is £35.00

 

The court should be able to get you a hearing before the judge on Monday - which you must attend (not as scary as you think, but we'll come back to that lbit later).

 

Let me know when you have the form and I will give you the instructions for filling it in.

 

Is the mortgage in joint names?

 

Kind Regards

 

Ell-enn

[4dam]

ok

 

 

I have the form downloaded, ready to fillin

 

Thanks for this help ell-enn

[Ell-enn]

No Problem, happy to help

 

is the mortgage in joint names?

do you have any children living at home?

 

Ell

[4dam]

No my name only and no one else lives at the address

[Ell-enn]

OK, this is the instructions for the Form. If you can fill in all except 10 - I will post the text for that bit in a minute (will need some more info from you for that).

 

Boxes on the top right hand side – you will find the information for those on the eviction order.

Rest of the form:

1. Your name

2. Tick Defendant

3. Suspension of eviction order – payment proposal offered.

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 (I will post the text for that separately, it may not all fit in the box

Cross out all options except I Believe

Sign and cross out all options except Applicant

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

 

 

Back in a mo..

 

Ell

[4dam]

when it asks for the claimants name do i give the mortgage company or there solictors and what ref no do i give my mortgage account no

[Ell-enn]

I have sent you my mobile no by PM - please give me a call so we can sort it out quickly - you need to get it to the court this afternoon and I have to go out in 10 minutes for about an hour.

 

Ell

[Ell-enn]

You will also need to do an income and expenditure sheet to go with the form : you can download one here: National Debtline, for FREE CONFIDENTIAL and INDEPENDENT ADVICE call 0808 808 4000.

 

 

Affixed (below) is the text for question 10.

 

Remember to enter the claim number and your name at the top & on the income & expenditure sheet write the claim number and Appendix 1 at the top.

 

I'll be back by 2pm if you need anything else.

 

Kind Regards

 

Ell

4Adam N244.doc

[Ell-enn]

Hi, any news on a hearing?

[4dam]

Hi ya

 

I had problems with my printer I ended up going to a internet cafe to print out. And when I got down to the court they could not take it as i was to late. I will need to go back 1st thing monday morning. i paid db mortgages like you advised but not sure if now i will get it sorted before tuesday morning. what is worrying but will still try neverless.

 

Do you think i have left it to late now?

 

Worried that i have.

[Ell-enn]

It should be OK, but you will need to be at the court 1st thing Monday morning! be prepared to wait there as you may get a hearing that morning/afternoon. Or you may have to travel to another court in the area if they are too busy to get you in.

 

Get a mini statement over the weekend which shows the payment made today and also look out some wage slips.

 

Will you be able to get your printer working over the weekend?

 

Try not too worry too much (easily said I know) but I have been involved in a couple of cases where the hearing was on the morning of the planned eviction and they were OK - the judge lets the bailiffs know not to enforce the warrant.

 

The hearing itself is fairly informal, it will be conducted in a private room with just yourself, the judge and a representative for the other side (if they've got time to arrange it). As it's your application for a hearing, the judge will ask you to speak first - they are usually pretty good with litigents in person (that's you lol) and will guide you through the process.

 

If your arrears are now approx £4k and you are offering to pay £370 per month towards them, it's not going to take long to clear them so you'll get a suspension I'm sure.

 

Stay positive - you'll get there:)

 

Ell-enn

[4dam]

hi ya

 

sorry not been on but spent most of yesterday trying to sort printer all done now. And got called out to work last night.

 

Right you say get out a few wage slips out how many?

 

I be going down 1st thing tommorrow to the court what else will i need to take? And what else should i do to prepare myself?

[Ell-enn]

Hi there, you need to affix the wage slips to the sheet for Q.10 and then get a photocopy of it all as you need to retain your original payslips - does your printer photocopy? the court might do one for you, but just to be on the safe side you should try to get one before you go - newsagents etc usually have copying machines.

 

Checklist -

 

N244 form filled in and signed

Attached sheet with details for Q.10 (make sure your name and claim number written on the top)

Attached budget sheet (make sure claim number and Appendix 1 written on the top)

Attached wage slips (photocopies) - take originals with you.

Attached bank statement showing payment you made on Friday.

 

Photocopy of all documents.

 

£35.00 fee (preferably cash)

 

You need to get there for the court opening in the morning in the hope that they can fit you in tomorrow. With any great deal of luck you will get a slot tomorrow which will mean that the mortgage company may not have time to organise anyone to represent them

 

Kind Regards

 

Ell-enn

[4dam]

Thanks again ellen,

 

Any advice on what to say or do when in court if i cant get the duty, citizen advisor.

 

Will get the copys of wage slips will take the last 7weeks.

 

I hope they can fit me in tommorrow is there anything i can say or do to try and get it forced in.

 

Cheers

 

4dam

[Ell-enn]

Hi, I'm afraid you are in the hands of the court staff when getting a hearing - if they are very busy you may not get one until Tuesday morning - don't worry - if that happens, the court staff will tell the bailiffs that you have a hearing and nothing will happen until they get word from the judge. If they can't get you in then you may need to go to a nearby court but I would think that is a last resort.

 

When you enter the "court" room, wait for the judge to indicate that you can sit down and he/she will guide you through the process. He/she will ask you to confirm who you are. When you address him/her it should be sir or madam. The hearing will take no longer than 10 minutes (5 if there is no-one from the other side!).

 

Try to stay calm and speak slowly and clearly, the judge will understand that you are nervous and make allowances.

 

I'm sure it will all be fine, but don't forget to post on here as soon as you have the good news:)

 

Kind Regards

 

Ell-enn

[4dam]

Do you think i should wear a suit or will just go smart?

[Ell-enn]

Wear whatever you feel most comfortable in - if you think wearing a suit will make you feel more confident then do so, if you will be uncomfortable in it then wear smart.

 

At the end of the day the judge will be basing his judgement on the information in your defence, not on what you are wearing, that is why you should choose what you are most comfortable in:)

 

Ell

[OLIVE.FAMILY]

Hi there

Just read your thread. i know how worried you must be feeling right now. I have been there twice. Just some comfort words. Like Ell-en said it is very relaxed. It will be great if you get an appearance tomorrow as the other side wont be able to turn up. Tuesday will be good as that wont give them time to sort out their solicitor. I preffered leaving it till the last minute.

 

The judge doesnt expect us to know what we are doing, they expect us to be nervous.

 

Good luck. We will all be with you

 

olives xx

[4dam]

I have got my appointment for tommorrow morning at 10am. The thing that is worrying me now is that i have not packed any off my stuff and if i was not to win the sup order i would be left with very little time to pack if any time.

[Ell-enn]

It will be OK - you won't need to pack.... just try and stay calm until the morning - it will soon be over. In the present financial climate judges do not want to take people's homes away from them unless it is absolutely necessary - you have an income and can prove you are able to maintain payments - so there should be no problem getting a suspension.

 

Easy for me to say, I know - but going on past results I've no reason to believe you won't be OK

 

Kind Regards

 

 

Ell-enn

[Ell-enn]

Incidentally, did we establish if you had any evidence from the CSA regarding the re-assessment which resulted in then deducting a large chunk of your wages?

 

If you have that - get a couple of copies and take it with you tomorrow.

 

Did you get a copy for yourself of everything you took to court?

 

Ell

[4dam]

I Have copied everything. As for CSA i have not given the court anything with proof what i have paid the csa. Not to sure what i have at home maybe a satement from them or the reassement. Will have to check.