help please? reposession order for the 18th Feb 2009

[Ell-enn]

Hi there. OK - you need to download a N244 form from 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. You can then go to the page where you download the form.

 

Print one off to "practise" on before we complete the final copy. I will guide you through completing the form and can write you a defence statement for Q.10 of the form which is the most important part.

 

You will also need to attach a budget sheet to the N244 showing your income and expenditure. I have affixed a budget sheet to this post.

 

Do you have copies of any letters you sent asking for help? i.e. change to interest only?

 

You say you can only afford the £550 the DSS are paying - how much is the normal monthly payment? There is some case law we can use asking for reduced payments over a short period of time to allow you to find work. Have you any interviews lined up at all?

 

Incidentally, what were the forms the "counsellor" asked you to sign? I hope you have copies of them??

 

Don't panic - there is always something we can try.

 

Kind Regards

 

Ell-enn

Budget Sheet.xls

[Ell-enn]

Hi, this is the form http://www.hmcourts-service.gov.uk/courtfinder/forms/n244_e.pdf

 

I'll have a think about what to put in the statement - in reality the lender should have converted the mortgage to interest only given that you are both unemployed - the DSS payments would almost cover that each month.

 

I'll give you the instructions for completing the form when it's clear what we can put in the statement.

 

In the meantime, it might be a good idea to write to them asking them once again to reconsider changing to interest only (it will give the court something else to consider) you would need to send it special delivery tomorrow though . If you need me to draft a letter, please let me know and I'll do it in the morning.

 

Kind Regards

 

Ell-enn

[Ell-enn]

Hi there, affixed is the letter. You need to send it today by special delivery! not recorded delivery - I know it's more expensive but you need to make sure it gets there tomorrow. Ring up this morning and get the correct address and name of person or department to send it to - you don't want it to be passed around for a couple of days till it reaches the right place. Also send a copy to their solicitors (recorded will do), with a covering letter as follows:

 

Dear Sirs,

 

REF: (Whatever is on the eviction order).

 

Please find affixed letter sent to (lender) by special delivery today.

 

Yours faithfully,

 

 

XXXXXX XXXXXXX

 

Any questions, just shout:)

 

Ell-enn

DeHowletts 3rd Feb 09 letter.doc

[Ell-enn]

Hi there, ring them up in the morning and ask for their legal department and then get the correct address. Sending it tomorrow and giving them a week to answer will then allow you time to put forward a an application to the court to get a hearing well before the 18th.

[Ell-enn]

Jansus, as I'm sure you know, it is often very close to the hearing or eviction date before people find us to get help and we don't have time to wait for a reply to a SAR. The main objective in these cases is to get possession or eviction suspended and thus safeguard the roof over the op's head, which means that any other issues have to be addresses after that.

 

In cases where first stage possession proceedings are brought the op should have 4 - 6 weeks before the hearing - even if they sent for the SAR on receipt of the claim form, the timming is still tight if the lender takes the full amount of time they are allowed to submit the information.

 

I've no doubt if an SAR could be obtained in time it would throw up even more valuable information than just the arrears

[Ell-enn]

Hi, if you are going to your local office, make sure you take your eviction notice with you so they can see how desperate the situation is.

[Ell-enn]

Hi there, you can send it to [email protected] However, it is too early to submit it, we need to give them a chance to reply to your letter and perhaps cancel the eviction order.

[Ell-enn]

Hi there, have you heard anything back from the letter you sent? also how did you get on with the DSS? We need to be getting your N244 application in.

 

Ell-enn

[Ell-enn]

Right, you need to get an application into court to get a hearing to suspend the eviction - before next Wednesday!!

 

I'm a bit tied up at work today - but will start to draft something for Q.10 of the N244, hopefully I might get it done by mid afternoon.

 

I have deleted the letter from your post as it had your personal details on it!

 

Ell-enn

[Ell-enn]

Hi there, I haven't got your pm with the DWP letter??? I need to know what it says to finish your N244 statement.

[Ell-enn]

Hi again, do you have a copy of your husband's job offer? When he is employed will you be able to recommence payments to the mortgage?

[Ell-enn]

Hi, where have you sent it to? Also have you got a copy of your husband's job offer?

[Ell-enn]

I've replied to your email - but need clarification regarding the payments situation.

 

I have now finished the statment except for that one part. You need to get this to the court tomorrow morning if you are to have any chance of getting a hearing before Wednesday!

 

Ell

[Ell-enn]

Please check your email.......

[Ell-enn]

Do you have any children?

[Ell-enn]

Hi there, I've managed to finish the statement and it is affixed.

 

You will need to fill in the information where there are XXX's (at the top and also in the body of the statement).

 

You then need to get copies of:

 

Your 5th Feb letter - Appendix 1

Solicitor's reply -Appendix 2

DWP letter confirming payments - Appendix 3

 

On the top of each of the above you need to write the claim number on the top left hand corner and then the appropriate Appendix number on the top right.

 

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

 

1. Names

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 attached witness statement

Cross out all options except the Applicant Believes

Both Sign and cross out all options except Applicants

11. Both Sign and cross out all options except Applicants. Enter address and contact details.

 

 

You should then assemble the pack to include:

 

2 page N244 form

2 page statement

Appendix 1

Appendix 2

Appendix 3

 

Take a photocopy of the pack so you have one for yourself to take to court on the day of the hearing.

 

Make sure you staple the documents together securely before handing in to court. You will need to pay a fee of £35.00. You MUST get it to court tomorrow. If there is any additional evidence you can gather you can take it to court on the day of the hearing.

 

Any questions, just shout. I'll be back online around 6pm.

 

Ell-enn

De Howletts Q.10 statement.doc

[Ell-enn]

Hi Claire, by all means add the letter as Appendix 1 and just change the numbers of the other appendices in the statement.

 

You need to clear out the text in the box at Q.10 of the N244 and print out the 2 page statement exactly as I sent it to you (after changing your appendix numbers). As you are stating the witness statement is affixed you don't put anything in the box.

 

Let us know when you have been to the court in the morning as to what date the hearing will be - as it is short notice, you may have to go to another court in the district if they cannot fit you in at your local one.

Remember to ask if they have any free legal reps in attendance.

 

Any other questions, just shout.

 

Ell-enn

[Ell-enn]

Hi Claire, I understand you must be a bit distracted at the moment...so don't worry about a few mistakes, they're easily fixed:)

 

They should tell you when you take the form to the hearing.

Only one of you need take the form.

The MC will appoint a representative, they are usually local legals who will probably only receive their instructions the day before;)

If the judge orders eviction (he won't!), then it would take place on the appointed day.

You don't need to send your form to the solicitors or MC, the court will do that. Sometimes when the solicitors see the defence they advise the MC to cancel the eviction (fingers crossed).

 

You could add a paragraph in the statement at the end of the part about the counsellor

 

"The counsellor advised that in his report to the Claimant he would be strongly recommending that the Claimant delay any proceedings. The report was due to be filed with the Claimant by 30th January, we have not had sight of this report, nor will the Claimant respond to any attempts to discuss the matter."

 

Don't forget to take a copy of everything you take to the court.

 

Ell

[Ell-enn]

lol .... and if the South West wasn't so far away, I'd come to court with you.

 

Fingers crossed now, get that form to court and we'll take it from there...

 

Stay positive:)

 

Ell

[Ell-enn]

OK, we can go through the hearing process after the weekend - you never know they might even cancel the eviction when they get your defence (it has been known).

 

Try to relax a bit this weekend:)

 

Ell

[Ell-enn]

Hiya, Brilliant News ! - I hope you have a wonderful party - have a glass of champers for me

[Ell-enn]

Hi there, what a nasty judge (put it down to hormones!!)

 

You already have given something back my dear, your experience:) Others who read your thread will be able to see what needs to be done to overcome their repossession/eviction problems - and that there is a positive result. They will also be assured that they can get the help they need and hopefully be confident enough to see it through.

 

As to how long a suspended repossession lasts - it will stay until you have repaid all the arrears - you can then apply to the court to have it removed.

 

I'm so pleased you will all be able to relax and enjoy your daughter's 18th party - have fun:D

 

Ellx

[Ell-enn]

 

 

I wish I were 18 again

 

So do I!! but I'd want to know what I know now

[Ell-enn]

me 3!! plus it really doesn't feel like that long agao I was!

 

plus how can i be the mother of an adult when I don't feel like a grown-up myself half the time?!:confused:8-)

 

 

Tell me about it! - my "kids" are 26 and 28 I was a child bride - honest!

 

Ell

[Ell-enn]

Hi there, oh dear sounds like you're in a bit of a pickle. Do I understand that you are unable to make any payment at all? The problem we have here is that you have not complied with the court order, however, that said it doesn't mean you will lose your home.

 

You need to work on a payment plan to offer them if you are to defend an eviction order, but I have to say the judge will need a very good excuse for non payment of the court order.