Help! Warrant of Eviction delivered today what can i do??

[UpOverTheEyeballs]

deleted

Edited September 5, 2009 by UpOverTheEyeballs
added BTW...

[blondeblue78]

THANK YOU THANK YOU THANK YOU THANK YOU THANK YOU

Just got home. Judge has suspended possession order and seemed to be on my side. He told the banks rep to advise thier client to be more understanding!!!

I had apply for £90 per month on top of mortgage payment - but he ruled is should be £50- until end of May, £75 until end of october. At which point the lender can apply for a review BUT ONLY if I have not been making these payments and a reasonable effort to reduce arrears. That is a result as monthly mortgage payment has gone down by £100 since all this started but the bank did not inform me of this. The banks rep then tried to get the amount towards the arrears to increase because these payments have gone down and the judge said 'thank you for bringing that to my attention but all you have down is assist me to assist the defendant' He said he wants to give us a chance to get back on our feet and not lose our home.

 

Anyway the long and short of it is I GET TO KEEP MY HOUSE and it's all thanks to you Ell - and everyone who gave advice. Without this forum, I wouldn't have known what to do and would probably have given up without a fight - io'm so glad I didn't!!!

 

Thanks again!! You're the best.

BB x x x

[Ell-enn]

Brilliant News !

 

I'm so pleased for you - and well done for being so brave.

 

I sincerely hope you can now relax and enjoy your home now that it is safe

 

Kind Regards

 

Ell-enn

[LilyLou]

Congratulation !!!

 

Sit down, have a cuppa and afford yourself a big smile. Ell helped my daughter, and like you because the interest rate has dropped she is in a better position to pay her mortgage plus arrears.

 

Good luck for the future

[jansus]

Well done to you and Ell-enn:D

Excellent news - at least the message seems to be getting through to the courts if not the lenders.

[Jane1960]

Well done you,Ahhhhhhh what a lovely outcome,Ell & all on here give wonderful advice,they helped me,Thank goodness for this site & the people on it.

[angel_1]

hey what a fantastic result, well done to all and especially you for having the courage and the drive to go to court and defend yourself, fab

 

i faced repossession myself last year and somehow got myself sorted with my own negotiations, and now 6 months on the remainder of the arrears been added to the mortgage so was spot on with my payments and paying off the arrears, in fairness if i had gone to court like you would have ended up possibly paying less than my offer, as the judge may have decreased my offer.

 

looks like you had a very nice judge who understood the real problems facing normal people like us

 

when i read your thread i totally understood your initial fears, but now keep up the payments and enjoy your home with your family and friends

 

take care and relax now

 

a toast to all who helped you

 

laters angel x:cool:

[Markiemark1]

Absolutely delighted to hear your good news. A good result all round. My own experience is that Judges are very unhappy if the lenders are not helpful in situations such as these.

 

Hope you had a very very good sleep last night.

 

RM

[blondeblue78]

I slept like a baby!!!

I came out of the court feeling on top of the world and that I had been offered help. So anyone reading this who is scared to face a court hearing ( As I was ) I say go for it!! At the very worst case you're no better off, but you could be so much better.

I've been smiling so much today and it feels like a victory.

 

The funny thing is got a letter from banks sols today with a copy of thier letter (dated yesterday) which they sent to the court to cancel the eviction as in their words ' We have decided to give the lender time to repay the arrears' which is absolute rubbish as I have tried many time to negotiate this!! Why did they bother with that when the judge had suspended the order? To make themsleves look like they hadn't lost?

 

Doesn't matter anyway.

 

But Once again a BIG THANK YOU to everyone on here - couldn't have done it without you guys!!!

BB X X X X X

[blondeblue78]

Hi me again!!

Having stuck to the arrangement for several months my daughter was ill and i had to have a lot of time off work which i wasn't paid for - and was then made redundant so we missed a couple of payments, once i got my redundancy i made a payment in september for £900 (usual payment plus £121 - court had ardered £50) but received a letter from sols on oct 20th advising they are applying for warrant of possesion.

I rand and emailed them on the day i rec'd letter explaining situation and offering to pay £900 per month until april when i can then increase to £975 (council tax arrears being paid via bailiffs will be paid of by then) it took them 2 weeks to decline this offer (today)

 

So my question is do i use the same forms to go back to court and can i do this now even though i do not have eviction date yet? Also do you think the court will find in my favour again given we have not kept to previous arrangement??

 

Please help! We considered selling but will not get enough to pay everything of and rent would be more than mortgage so are desperate to stay.

 

Thanks in advance

BB x x x

[Ell-enn]

Hi there, sorry to hear you have been having difficulties. When were you planning to make the next payment?

 

If an eviction warrant arrives, you will be able to defend it - you couldn't help being made redundant. Did they decline your offer in writing?

 

Try not to worry too much, we will put together a good defence.

 

You need to get proof of all the payments you have made since the last court hearing (bank statements?) or a statement from the lender?

 

How much are the arrears?

 

Ell

[blondeblue78]

They declined it via email.

The total arrears are in the region of £7400

I was going to make the next payment at the end of october but am reluctant to incase we are evicted - will need it for rent in advance etc.

I can get bank statements online showing the payments I have made so far. I think I have mortgage statements somewhere too. The payment made in September was made before I knew about eveiction so surely shows I am trying to pay? They flat refused my proposals.

So I have to wait for the eviction date to apply to courts?

Thanks for getting back to me - your advise and help means so much to me x

[Ell-enn]

You need to make the payment you should have made at the end of October as soon as you can, as it will prove to the court that you are committed to maintaining your mortgage payments.

 

Make sure you print off the email and put it safe. Also keep it on your PC. You will need it for your N244 defence.

 

I will help you with the 244 when the eviction notice arrives.

 

Ell

[blondeblue78]

Ok I will make the payment tomorrow.

 

Thanks Ell

 

Will let you know when i get the eviction notice.

 

Thanks again

BB x

[Ell-enn]

No problem, stay positive

[angel_1]

hiya blondeblue78

 

just reading the updates, and i wanted to let you know from my own personal experience and expecially that of me helping my friend and that you are really now in safe hands with Ell-en - who has and is contuining to help us still with my friends eviction

 

so please keep calm and keep positive and cag and its fantastic members will get you and your family through this

 

i will link up my friends thread if you wanted to have a read if nothing else it will prove to you we are all rooting for each other on cag:)

 

http://www.consumeractiongroup.co.uk/forum/repossessions/193647-help-notice-eviction-received.html

 

have a fun afternoon laters angel x

[blondeblue78]

Hi

I still have not had a date for eviction and am scared it will only give me a couple of days notice! How long should I wait for date as last time the court letter came the day after the bankssols letter

[blondeblue78]

ok scrap that

notification just hand delivered.

eviction date is 25th Novemeber.

HELP!!

remind me of the forms i need to complete?

[Ell-enn]

Hi there, don't panic ! the form you need is an N244 - I have affixed one to this post. I have also affixed a budget sheet which you will need to send in with the N244.

 

Gather together the email which they sent refusing your offer of payment, also any proof you have of the payments you have made since the last order.

 

Did you make a payment last week?

 

Are you now working again?

 

I will start to draft a statement for Q.10 of the N244 and post on here shortly.

n244_0400.pdf

Budget Sheet.xls

[blondeblue78]

Hi

 

I am making the payment tomorrow - my husband was paid for cash for a job and couldn't get in to pay it in bank til today.

 

I haven't found another job yet but am now receiving JSA and council tax benefit so in a better position than a few months ago so Can afford the payments now - just and have had several interviews for jobs so am confident I will get a job soon.

 

Just to go over the reason for the payment problems.

 

My daughter was ill earlier in the year which meant I had to have a lot of time off work - after 2 week this was unpaid so no wage from me coming in and we missed a couple of payments. She is now better.

I was then made redundant. I made a payment at the end of september once my redundancy came in (before i knew about eveiction) and will make a payment tomorrow.

I have renegotiated payements with unsecured ceditors and With our income at the moment I can pay £900 per month (£121 per month towards arrears) and from August can increase that payment once the council tax arrears (being paid through bailiffs) has been repaid.

Obviously when I get a job I will pay even more.

Thanks

BB

[Ell-enn]

OK, I'll post a statement shortly.

[blondeblue78]

Hi

 

I have completed the budget sheet I have attached a copy will try to complete the other form today and will shout if i am confused on anything.

Can I take this into the court tomorrow and get a date there and then?

Thanks

BB

Budget Sheet(1).xls

[on*the*case]

Hi .....

Can I take this into the court tomorrow and get a date there and then?

Thanks

BB

 

Hi BB

Yes they should give you a time and date straight away, you may need wait there a short while for them to schedule. The hearing will be on a date before the eviction date. Don't forget that you will need to pay the application fee of £35.

 

I put in my application last week and it was heard by the judge this morning. The eviction notice was cancelled.

[blondeblue78]

good for you on the case!

 

Ell I forgot to mention, I did contact the lender in August to advise that I was made redundant and asked if we could pay interest only for a couple of months whilst we waited for benefits claims and explored out oprions (selling etc) but they declined my offer. They offered me the AVS scheme buit said that was the only way they would consider interest only. This discussion took place on the telephone so I have no record of this.

 

Thanks

bb

[Ell-enn]

Hi there, affixed is the statment for the N244 form.

 

On the copy of the email you have from them write the claim number on the top left hand corner and Appendix 1 on the top right, do the same on the budget sheet but it will be Appendix 2. Make sure you keep a copy of it all for yourselves to take to court with you.

 

These are the instructions for completing the rest of the form:

 

1. Your names

2. Tick Defendant

3. Suspension of eviction

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 attached witness statement

Cross out all options except We Believe

Sign and cross out all options except Applicant

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

 

Any questions just shout.

 

Ell

Blondeblue N244 Statement Nov 09.doc