Eviction Date 9th Sept/hearing Tomorrow

[gurucurt]

hi everyone,

 

i have been issued with an eviction date of sept 9th

 

i have come to terms with leaving the property

 

here is the situation i have found a property to rent but will not realisticly move in for 3 weeks

 

i have filled out the n244 form and have a hearing tomorrow morning to ask them to suspend for a month ( dont even know if they do this )

 

my arguement being that i am moving out and have found somewhere but and this is what im relying on i have a 5 week old baby so this period in my life has been extra difficult

 

my questions are does anybody have any advice on what to say during the hearing and also does anybody know what my chances of geting a temporary suspension are??

 

cheers for any help

 

curt

[Ell-enn]

Hi there, what exactly did you put in Q.10 of the N244?

 

Kind Regards

 

Ell-enn

[gurucurt]

hi

 

i have no paperwork with me at work but im assuming q.10 was the reasons why i want a suspension?

 

i simply stated that i had found a rental property and had agreed to move in but not by my eviction date

 

and that i have a 5 week old baby thus searching for property to move into and allocating the time for this has been hard

 

im only after a few weeks/months grace?

[Ell-enn]

Are you a single parent?

[gurucurt]

no my partner lives with me but the mortgage and debt is solely in my name

 

if we are evicted on the 9th we will have no where to go

 

till we can move into this rental property

 

i have had the house valued and it is worth a fair bit more than i owe so they will get there money

[Ell-enn]

Do you know if your local court has a duty solicitor or Citizen's Advice representative present on days when possession hearings are on? might be worth giving them a ring to find out - if they have you should ask them to come in with you - the are a great help.

 

If not, you could ring Shelter and see if they can help by sending someone to support you.

 

Or even Social Services as you have a young baby.

 

Hopefully you will get a sensible judge who takes into account your situation.

 

Who is the mortgage company?

 

Ell-enn

[gurucurt]

thank you for your advice

 

im am fairly confident at speaking to the judge and putting my case forward, they do have the duty people at the court will see if one will be able to come in with me

 

i guess im just hoping a judge will look kindly upon me as im not asking for anything over the top just some more time to move into this new place

 

the company is woolwich/barclays??

[Ell-enn]

Hi there, I should definitely take advantage of the duty solicitor.

 

I hope it all goes well for you, let us know the outcome.

 

 

Kind Regards

 

Ell-enn

[tonycee]

Please consider asking for a suspension in order to allow YOU to sell the property.

[gurucurt]

would they consider this option? as i would like the oppurtunity to sell myself the builder who owns next door has already made me an offer but i was going to pursue this post reposession as we only talked about it a day or two ago?

[Ell-enn]

Hi there is case law we could use to support your application if you want to go down that road. I could draft a statement for you to take to court tomorrow if you like.

 

Is it possible to contact the builder tonight and get him to make you a written offer that you could take to court with you tomorrow?

 

Kind Regards

 

 

Ell-enn

[gurucurt]

ell your a star i would appreciate any ammo i could take to the court tomorrow

 

will see if i can get the builder to put something in writing?

[Ell-enn]

Hi - I'll draft a statement for you when I get home from work tonight - it may be after 8pm though. In the meantime if you can get the builder to give you a written offer, that would be great.

 

Ell-enn

[gurucurt]

that would be great

 

cheers

[OLIVE.FAMILY]

Just poking my head in to wish you luck for tommorow

 

olives xx

[gurucurt]

tried contacting the builder he was out of office will try again in the morning but hearing is at 10am so wont pin hopes on that

 

will just have to hope judge is sympathetic to the baby issue?!!

[Ell-enn]

Hi there, affixed is a statement to take to court with you. If you are able to get the builder first thing in the morning and can get a written offer attach it to the statement, but don't be late for court.

 

As it is your application you will be asked to speak first so just ask the judge if you can give him an up to date statement hand it over.

 

Good luck, let us know what happens.

 

Ell-enn

Gurucurt Statement.doc

[tonycee]

Good luck for the hearing.

 

Be confident in your belief for the future, and your proposal to resolve the situation.

[gurucurt]

have printed and filled out that statment

 

looks and sounds good hope the judge thinks so

 

thanks for your help will let you know how we get on

[FunkyFox]

Best of Luck!

[gurucurt]

Morning everyone,

 

here's what happened at the hearing this morning

 

turned up at the court 45 mins early traffic wasn't half as bad as i thought it would be

 

their brief turned up shortly after and sat down with us straight away and said that they would not contest a suspension as we had obvious evidence of a 5 week old baby ( we took her with us )

 

she said we could have another 5 weeks to move in to rented and possibly sell our house.

 

but whilst in front of the judge she only mentioned 21 days before they then would issue a new eviction date, the judge agreed to this

 

my only question is now does that 21 days add up to 5 weeks by the time a new date has been issued???

 

cheers for all the support and help from everyone especially ell-en

 

will keep post updated as to selling to the builder etc.

 

curt

[Ell-enn]

Hi there, great news - so you will be able to move into your new place at your own pace, and hope the builder can keep to his offer.

 

If you get the offer in writing and he gets his solicitors involved then, when they issue a new eviction order, you can go back to court and let them know the completion date with evidence from the builders solicitors. That should stop repossession and further costs.

 

I think what will happen is that after 21 days they will apply for a new eviction date - this may take another 2 weeks - so 5 weeks all together.

 

Did you get the chance to give your statement to the judge?

 

Kind Regards

 

Ell-enn

[gurucurt]

Did you get the chance to give your statement to the judge?

 

 

 

 

 

sorry no, he didn't really speak to me at all other tha to say the outcome