Urgent help! Eviction date 10th sept

[gonkerplumb]

Hi all, can I ask for some help with trying to stop my eviction. I am self employed and have had a really rough year with money coming in. My wife works but only part time.

 

We have 2 teenage kids (15 and 16yrs).

 

The house is valued at £375,000 and the outstanding mortgages are totalling

£240,000. We have the house on the market for sale and resently dropped the asking price to £310,000 from £375,000. This seems to be drumming up some interest and we have had 3 viewings this week.

 

I have just launched a new advertising campaign locally and work is really picking up.

 

Current arrears are £9500 with £2500 in charges according to the last letter from the first mortgage company. I can pay the agreed £1500 per month including £200 towards the arrears now that I have more work coming in.

 

I can prove that I have work lined up for the next 8-10 weeks.

 

I just checked my bank account balance online and can pay £1500 tommorow and I also paid in a cheque for £980 on Friday so can pay another £1000 on thursday. My wife also has about £700.00 which we can pay towards the arrears this week.

 

We have missed the last few payments so I know that this is a tall order but having read the previous cases here I think that if anyone can help its you guys.

 

Thanks

Edited September 1, 2008 by gonkerplumb
typos etc

[OLIVE.FAMILY]

Hi there gonkerplumb and welcome.

 

Ell-enn will be about soon and she will I am sure be able to help you. Try not to worry you have come to the right place.

 

olives xx

[Ell-enn]

Hi there, have you already got a suspended possession order? and I'm assuming you have received a warrant for eviction from the court?

 

If that is the case then you need to enter an N244 form at court asking for a hearing to stop the eviction (you will have to attend court). I can help you put together a defence for that, but we need to work quickly.

 

You can download the N244 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. This will take you to the page where you can dowload the form. (The fee for entering this at court will be £35.00).

 

If you let me know when you are able to be online, we can get started on completing the form which you should hand in to your local court tomorrow.

 

I will have to ask more questions in order to get the whole picture before writing the statement, but we can deal with those when you are on line again.

 

Kind Regards

 

 

Ell-enn

[gonkerplumb]

Hi ellen, yes fire away with the questions hun. we ahve a date for eviction for a week on Wednesday thats the 10th of sept. I have downloaded the N244 and await your response and assistance.

 

Many thanks in advance!

 

I will be online tommorow evening from about 10pm? what should i put on the N244??

 

Do You think that we stand any chance of keeping our home??

 

Neil

Edited September 2, 2008 by gonkerplumb

[Ell-enn]

Hi there, just a few questions:

 

Is the mortgage in joint names?

Can you list payments you will be making or have made in the last month

Payments you can afford to make each month towards the arrears in addition to the normal monthly payment.

 

You will also need the proof of your income/work going forward and evidence of the house being for sale

 

I will start to draft the statement you will need for Q.10 of the N244 and we can finalise all tonight. You will then need to take the form to the court - they will be able to give you a date for the hearing there and then.

 

Kind Regards

 

Ell-enn

[gonkerplumb]

Hi ellenn, The mortgage is in joint names with both myself and my wife, but it is in her former name.

 

I have made a payment of £2000 today and can make a further payment of at least £1000 next monday at the latest(probably friday).

 

I can afford the normal payments to both the first mortgage and the second charge plus £100 each, maybe more but don't want to say that I can and then not be able too.

 

I can provide copies of quotations for work which have been signed by the people accepting them, is that ok? Would last months bank statement be ok to prove money coming in?

 

I have the signed agreement from yourmove to allow them to market the house. Will that do for proof? I also have a leeter from yourmoves solicitors saying that they will be doing the conveyancing.

 

Thankyou

[Ell-enn]

Hi, are your first and second mortgages with the same company?

[gonkerplumb]

No, first mortgage is Platform funding

 

2nd is with Capstone morgage services

 

Is that a problem?

[Ell-enn]

Which one issued the eviction order?

[Ell-enn]

Hi, these are the instructions for completing the N244

 

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 - write in the box "please see affixed sheet"

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.

 

I have affixed the text for Q.10 you need to enter the claim number and your names at the top and insert the info where I have put XXX's.

 

Where I have put Appendix 1, affix the evidence of contracts and your bank statement. Write the claim number on the top left hand corner and Appendix 1 on the top right hand corner of each piece of evidence you are affixing.

 

Take a photocopy of everything you are taking into court so you have a copy to refer to at the hearing. Make sure everything is stapled securely together.

 

Any questions, just shout.

Gonkerplumb N244.doc

[gonkerplumb]

They both have suspended orders since last october, but platform has applied for the current eviction date. They applied in April of this year but I managed to pay 1/2 of the arrears to stop it that time.

 

Thanks for all the help

[Ell-enn]

Let us know when your hearing date is, we can then do an up to date statement for you to take to court.

 

Kind Regards

 

Ell-enn

[gonkerplumb]

Hearing is 11.00am tommorow morning!

 

Getting a litttle nervous now. I took the form in with all the supporting paperwork, payed the £35.00 and received the notice.

 

I also payed the promissed £2000.00 yesterday to Platform. Will be paying the next £1000.00 on Friday/Monday.

 

Is there any tips that anyone can share with me about putting my point accross in the court room or should I just shut up and answer when asked?

 

Thankyou

[Bona]

Dont talk to there Solictor before the hearing as they will twist what you say, Ellenn will do a staement and DJ will read that As you have made an effort to pay I suspect it will be OK

Good luck

[Ell-enn]

Hi there, I'll be on line most of today and tonight so we can do a statement to give to the judge - can you get proof of the £2k payment you made yesterday? (print out of bank statement?)

 

Try to stay positive - it'll be OK.

 

Ell-enn

[OLIVE.FAMILY]

Good luck for tommorrow.

Like Bona said do not talk to the solicitor. They are there to get possession and that is all. They do not comprimise. Other than that just answer the questions the judge asks.

 

The Judge will talk to you first as you have asked for the hearing so you get to put you side up first. Then the Judge will ask the solicitor what the mortgage comapny wants and why. Then the Judge will sum up and give a decision. It will all take about 15 minutes.

 

You will be worried and scarred, the judge will understnd that. You will be in the Judges office and it will only be you, the judge and the mortgage comapny solicitor.

 

I am sure you will befine. I know it is hard I have done this 3 times this year and you do feel scared. Try to relax tonight and get some rest.

 

Good luck

 

Olives xx

[gonkerplumb]

Ok thanks for the tips, I shall not speak to their solicitor. If it does not go in our favour, can I ask the judge for more time to move out and what is the likelyhood of that being granted?

 

I have printed out a bank statement which shows a transaction for the £2000 but its too early on the online banking to show the name of the recipient will that be ok?

 

Thanks everyone

[Ell-enn]

That should be OK, but try again in the morning and see if the online banking has updated overnight (mine does).

 

If there is a duty solicitor or adviser from the CAB at court (some courts have them these days), then approach them and ask them to come in with you for support - they can be a godsend.

 

Make sure you have a copy of your N244 to hand in case you need to refer to it.

 

Affixed is a statement to hand to the judge - you will need to take 3 copies, one for the judge, one for yourself and one for the other side. Don't let the representative for the other side see this before you go into court. Take them in an envelope or file. When the judge asks you to speak, say to him/her "Sir/Madam, may I present an up to date statement" and then hand it over.

 

Stay positive - you will be fine!

 

Let us know the result as soon as you can.

 

Ell-enn

Gonkerplumb Statement for Court.doc

[gonkerplumb]

Thanks, your a star

 

I just hope to god that the judge see it our way?

 

The job im doing at the moment has just got bigger so thats even better news, and I have an urgent job to complete next week which was also unexpected.

 

Platform did offer us to pay 1/2 of the arrears to stop the eviction and we may just be able to do before wednesday if this hearing goes their way but it would leave us very short for other payments. I suppose though that they'd be less likely to accept that now that i've applied to the court for this hearing. I only have that agreement over the phone from them and when I asked to get it in writing they told me that they couldn't do that!

 

I am feeling nervous but also confident that this will go our way.

 

Thanks

[Ell-enn]

If you have any other evidence of the work you have coming up, then add it to your statement.

 

Fingers crossed for you.

 

Ellx

[Dangermouse]

Sorry to hear your troubles. I also have a suspended order, went in last week with 16k arrears. Offered to pay £100 on top of normal payment, solicitor wanted £400 month extra but judge was very straightforward. he decided £150 extra per month.

 

I would agree with previous comments, don't discuss anything with the otherside's solicitors.

 

Be respectfull to the Court & I suspect things will go ok tomorrow.

 

Good luck

 

Dangermouse

[OLIVE.FAMILY]

Good Luck for today

 

olives xx

[gonkerplumb]

We Won!!!!!!!!!

 

It really felt like touch and go at one point with their solicitor draging up all the history of missed payments etc. I was really worried.

 

I presented the updated bank statement and the judge seemed to be impressed with my(you guys really) organisation.

 

I have to pay the additional £1000.00 by Tuesday of next week and then Only £100 on top of our normal payments.

 

Phew!!

 

I cannot thank you guys enough and when I have some spare money i shall make a donation to this site.

 

I just need to keep the second charge happy now so they dont do the same.

 

Gonks XXX

[OLIVE.FAMILY]

CONGRATULATIONS

Well done you deserve it. I am so very pleased for you. Sleep well

olives xx

[Ell-enn]

Thank goodness, what a relief - I've been thinking about you all day.

 

Well done for being brave and standing up for yourself.

 

Hope you can relax with a drink tonight

 

Ellx