GMAC/Wave lending- repossession **Tried twice we won both**

[lizzyjc]

hi.

 

you may remember i had some advice from you back in october.

 

we were around 12500 behind with our mortgage and submitted a form to the court.

 

in between we made an offer to wave lending of 6000 .

 

they accepted and said for us to cancel our hearing and that they were going to cancel the eviction.which they did,

 

i wish we had attended the hearing though as although they cancelled the eviction they still had a suspended over us.

 

wave agreed we could pay the remainder at the end oct 2008. to be honest we would have agreed to let them have a kidney as long as they cancelled the eviction.now ,however we have received an eviction order for next week the 17th december.

 

i have submitted a n244 form as i had to do it quickly. we had hoped to borrow the money from a family member who has let us down as they promised to pay the arrears and this months payment to help us get on track. it's not their fault as it is our problem.

 

all i want to know is ,

 

is there anything i can do when i attend court to help myself.

 

the mortgage is in joint names but only i will be attending as my husband is working away.please please any help would be gratefully received.i have submitted a budget sheet to prove we can afford 100,

 

ontop of the normal payment.we even have a loan offer i can show them but it will take a couple of weeks to complete.

 

i have also specified if they cannot agree to suspending the eviction,could they postpone until 9th january when we will definitely have somewhere to live.sorry if i am waffling.i am just sick with worry

thank you.

 

[Ell-enn]

Hi there, what exactly did you say in part 10 of the N244 (you did keep a copy ?)

 

Ell-enn

 

P. S. I've changed the thread title as it looked like you were asking people to help me lol

[lizzyjc]

hi.i have got a copy but it is not on me now.what is part 10 about??

[Ell-enn]

Hi part 10 is where you make your defence statement i.e. why you think the judge should consider suspending the eviction. Did you quote any case law? Also, when you took the N244 to court did they give you a date for a hearing?

 

Ell

[lizzyjc]

no case law as i just filled out waht we could do.i.e to have it suspended with extra towards the arrears or if to atleast potpone until the 9th january.i detailed our incomings and outgoings.the date is tuesday(day before eviction) 10am.

[Ell-enn]

Hi there, OK - I can write a statement for you to take to court with you on Tuesday. On monday morning ring the court and ask if they have any free legal representatives present on the day of your hearing (a lot of courts have these now).

 

The one thing the judge may be concerned about is whether you can afford to pay the loan you have applied for as well as your mortgage. Have you got any evidence to prove that your income can sustain those payments?

 

Try not too worry too much (easy to say, I know), but there is always something we can do to help your case.

 

Ell-enn

[lizzyjc]

that is what i thought too.the repayments would be the same amount as the amount we have offered to pay towards the arrears.we have enough coming in now as my husband has a good job now.

if the worst comes to the worst are judges pretty understanding??

do you think they would consider giving us till 9th january??

also does the fact that we paid 6000 in oct defend us atall as we were told to cancel the hearing by wave's solicitors??

i have never known anyone go to court over anything like this.do n244 forms work??even if just occassionally??

thank you so much for your help

[Ell-enn]

Hi there, the N244 is an application to the court to ask for a hearing in front of the judge in order to put your case forward as to why you should not be evicted.

 

As long as you can prove your income will sustain the payments your are offering you should get a suspended eviction - therefore you will be allowed to stay in your home as long as you continue to make the payments.

 

Your main objective is to secure the roof over your head. Unless you actually want to move out of your home there is no point in asking for the eviction to be delayed until January or the judge may think you are not committed to continuing with your mortgage payments.

 

I think it is very unlikely that you will lose - judges are usually willing to give another chance to those who defend the action and can show they are able to pay.

 

Ell-enn

[lizzyjc]

thank you for your help.our incomings will show we can afford it.

we had so many creditiors before who were knocking on the door and then my husband lost his job and it all got crazy.

i really appreciate your help.

i put in the n244 about the 9th january as i wanted to get accross that we didn't pressume it would be suspended.i dunno,i just put what i thought.if there is anything you can think of that i can say on tuesday i wouls appreciaate it.wave have never offered any help to us even though when they bought our mortgage from igroup said they would help if we were in arrears.

i will have to tell the judge that i did tell wave we would clear the arreras but that was on the promise of somebody else lending to us.i will tell the judge that we as a couple cannot afford all the arrears but show what we can realistically pay without depending on others and hope he will grant in our favour.

thanks once again

xxx

[Ell-enn]

Hi, I'll draft a statement for you tomorrow - we can put everything you've said in your post above. I'm sure you will be OK.

 

Do you have any children?

[lizzyjc]

hi.yeh one 3 and a half year old and one twelve year old,who has just broken his hand.

[Ell-enn]

Hi there, I've almost finished your statement. Do you have any payslips you can copy and attach?

 

Ell-enn

[lizzyjc]

hi.i am rubbish with computers but i do have payslips i can copy and take to court with me.sorry i'm not much help

[lizzyjc]

hi.i am rubbish with computers but i do have payslips i can copy and take to court with me.sorry i'm not much help

[Ell-enn]

Hi, that's fine - I should have explained better, sorry. You need to take copies of the payslips and another copy of the budget sheet. On the top left hand corner of each of the copies write the Claim Number (will be on the eviction order), then on the top right hand corner of each copy write Appendix 1.

 

These will go with the statement I have affixed to this post. When you have all together, take another photocopy of all of it as you will need one set for the judge and one for yourselves.

 

Where I have put XXX's at the top of the statement you need to fill in the information and also in the first bullet point. Do not touch the words in brackets in the column on the extreme right (claimant & defendant) as this will change the format.

 

If you have any difficulty with any of this just shout and I'll help.

 

Kind Regards

 

 

Ell-enn

Lizzyjc Statement.doc

[lizzyjc]

will the judge know what the norgan case is about.do you think we have a good chance??

[Ell-enn]

The judge will know exactly what the Norgan case is !

 

Just so you know too, I've affixed an explanation. Take it with you to court in case the judge asks if you understand it (VERY unlikely he will ask) - don't hand it to him with the statement though!!!

 

When you get into the room the judge will address you first as it's your application for a hearing. Just say "Sir, may I submit this up to date statement please" then just hand it over to him.

 

I'm sure you will be fine. Stay positive and check with the court tomorrow if they have any free legal reps there on the day.

 

Just shout if you need any more help, information or just good old fashioned support:)

 

Ell-enn

Cheltenham & Gloucester v Norgan.doc

[lizzyjc]

thank you so much for all you are doing.you really are a remarkable person.

[Ell-enn]

Can you get internet access at the library? (i.e. can you access CAG there?) if so, ring them tomorrow morning and ask if they have a facility for you to print from the internet. Failing that are there any relatives or friends who could print it for you? We don't have enough time for me to post it to you if your hearing is at 10am on Tuesday, otherwise I could have done that.

 

Ell

[lizzyjc]

no its ok i have got it working.thank you so much.

do they normally keep you waiting for along time??

[Ell-enn]

Hi, your hearing is scheduled for 10 am and as most courts start their hearings at that time you should be one of the first to be heard (there are quite often more than one hearing listed for the same time - I suspect this is because quite often people do not turn up).

 

Make sure you get there early (at least 20 minutes), give your name to the usher and if there is a free legal rep, make yourself known to them and ask if they will go into court with you. If Wave's representative asks to talk to you before the hearing just say politely that you would prefer to wait for the judge to decide.

 

The hearing will be held in a private room with just yourself, the judge and a representative from Wave. As it is your application for a hearing the judge will address you first. The judge will be aware that you are nervous and will guide you through the process. After you have given him/her your statement he/she will make their decision. The whole process should take no longer than 5 - 10 minutes. If you need to address the judge it should be Sir or Madam, and don't interrupt him/her.

 

I'm sure you will be ok, try to stay positive - it won't be as bad as you think.

 

Make sure you have all the attachments marked Appendix 1 and fixed securely to the statement. Also make sure you have a full set for yourself.

 

Ell

[lizzyjc]

god i am so scared.why should i say that we didnt make a montly payment at the beg of nov or dec.should i say the truth and that we was waiting for the lump sum from our relative who promised to pay up to date to get us on track.i want to look genuine but on paper we look a nightmare.if it is too late to reply dont worry.reply when you can,thanks again

[Ell-enn]

Please try not to get too stressed - you need to stay positive, we have covered the reason for the non payment in your statement. There is no way a judge is going to order eviction when you have an income and can show you are able to make payments towards the arrears each month. Also, you have young children and that will also be taken into consideration together with the Norgan case law.

 

Chin up - it will soon be over and you will be able to relax and enjoy Christmas in your home

 

Ell-enn

[lizzyjc]

god that is all i want.we have put the tree up and the kids are excited but i have this awful feeling in my stomach.i just hope the judge will understand.

thanks so much

xx

[Ell-enn]

It's only natural for you to imagine the worst, it's the fear of the unknown which makes you think like that - coupled with the time of year I can well understand your anxiety.

 

I can't tell you how to overcome that fear, all I can do is try to re-assure you - I have been involved in helping people in much worse situations and with much higher arrears than yours - and they have kept their homes.

 

Post on here whenever you need support, you'll get plenty of that from people who have been through the same experience

 

Ellx