Urgent help needed!!! I am totally innocent and am still being evicted. Please help

[jaydee420]

Hi there

 

I am an international student and took a loan from my father to support my living and education.

 

I rented an appartment back in february 2008 and paid a years advance to the landlord.

Hence I was supposed to be able to live here peacefully until feb 2009. Due to unpaid mortgages payments by the landlord the royal bank of scotland claimed this appartment and wants everything out.. even me!!!.

 

I wrote to eversheds llp ( legal agency supporting RBS) but they replied saying that their client(rbs) did not approve of the tenancy.

 

Even though I played all my moves correctly and did not break any law I dont want to pay for themistakes that the lardlord made.

 

I am told to fill out the N244 form but need some help to do so.

 

Please help me out I would be so grateful

 

Thank you

[Nav1g8r]

That sounds like your landlord had rented the property to you and not kept up mortgage repayments. As an occupier your don't have any legal rights to challenge the repossession as it is not your loan/mortgage.

 

Did you have a rental agreement that is signed and receipts for paying your rent for a year? That might be your only challenge that you can make to your landlord - but that would be a separate issue to this.

 

RBS/Eversheds will not release data to you about the loan/mortgage due to the data protection act so going to court to stop the repossession would be a bit pointless (its not your loan and you can not be held responsible.)

 

Keep forwarding these letters to your landlord (if necessary post them manually through his/her door.)

 

Has an eviction date been set?

[jaydee420]

thank you for the reply.

 

I do have the signed agreement and all the other supporting documents.

Even though I cannot stop the eviction I just want the eviction date to be postponed to a date after my tenancy ends i.e. after feb 2009.

 

Do I have any chance?

[PGH7447]

Personally I would go see Citizens advice on this

[jaydee420]

do u have any idea how to fill out the n244 form because i have been told to do so

[PGH7447]

No but why are you filling out a N244?

 

if you are the tenant then surely these forms should be with the landlord

 

The requested resource (/HMCSCourtFinder/tiles/Her Majesty's Courts Service -Forms and Guidance) is not available

 

This link will show you how to fill it out

[jaydee420]

well I was told by a solicitor that i should fill out the n244 form and ask for a postponment of the eviction date.

 

i have seen those webpages but i didnt get quite much help in how to fill out q4 and q 10 on the n244 form

[PGH7447]

OK I see now

 

Q4 does not really apply to this case

Q10 the evidence is you tenancy agreement etc - which would be the statment of case

 

[jaydee420]

thank you so much for the information

and can u please tell me a few more things

it would be greatly appreciated:

 

what q4 really refers to?

what kind of judge should i be writing to district judge or a judge

[PGH7447]

Q4 is really an extension or addition to Q3

 

Just call them Sir/Madam, cant go far wrong with that

[jaydee420]

thanks for the help. hehe i meant what kind of judge should i be applying for

[PGH7447]

Pass on that one, jsut sent the completed form to the court I am sure they would decide

 

Good Luck

[jaydee420]

Thank you so much I really apreciate your help on such short notice

forums could be this helpful I never realised that. off to west london county court

thanks again

[cat100]

I don't see how going to court to stop/delay the eviction using an N244 will help you.The eviction is for your landlord to sort out,he has no agreement with the lender for your tenancy.The mortgage is in his name?

Your only hope is that the repo is in the 1st few weeks,as it could take up to 12 weeks to evict.Get your landlord to put up some defense to give you more time.