help eviction on 26th march

[louip123]

thats good getting so nervous now just wish it was monday so we knew either way council informed us if we have to move we can have a 2 bedroomed house not ideal as we have 4 kids and will have to get rid of our 2 dogs lizard and chipmunks (they wont allow pets so panicking now.)

just looking through all our mortgage statements and cant make head nor tail of them.

[louip123]

hi ellen just checking your still ok to help with my defence statement ready for monday and to say thanks i really appreciate all your help.

My confirmed date of going back to work is 1st of april unfortunatly the manager is unable to put this in writing as is not back at work until monday morning, however i do have her contact details if anyone wanted to confirm this. if that is any help.

[Ell-enn]

No problem, I'll post it up tomorrow.

[louip123]

thanks again

[louip123]

cant believe how much the weekend is dragging just want it to be monday to get it over with

[Ell-enn]

Hi there, just finalising your statement:

 

Re your post about the amount of monthly payment - were these payments taken by direct debit?

oct 08 £515.14

nov 08 £515.21

dec 08 £515.21

jan 09 £516.59

feb 09 £516.62

mar 09 £516.62

 

Ell

[louip123]

hi ellen no i pay by bank transfer faster payment so they get there same day those figures are of the mortgage statement i paid sept oct nov dec and half of jan. in sep oct nov i also paid the £60 a month of the arrears.

[Ell-enn]

OK, have you got anything to show your payment should be £482.91 ?

if so we can affix your statement and get the court to ask why the change in payment amount.

[louip123]

hi ellen i have a copy of the original mortgage offer stating payments are £482.91 a copy of glenisters solicitors witness statement saying £485.60 and a copy of particulars of claim for posession from last time we went to court where glenisters say it is £484.31 also a reply from capstone when i queried this saying your currently on a fixed rate mortgage however payments have been affected due to insurance being charged which is a set rate of £26.46 if you can work it out.

sorry i took so long getting back to you just so much paperwork.

[Ell-enn]

OK, take copies of all that and the statement - we'll use that lot!

[louip123]

that sounds good to me thank you i can print copies off now i have also made a copy of bankstatements to show payments made

[Ell-enn]

OK, statement affixed, as before you will need to enter info where I have put XXX's the following documents will be Appendix 1 :

 

Original Agreement

Glenisters particulars of claim - 2 differing ones

Letter stating insurance added

 

So you need to write the claim number and Appendix 1 on the top of each of the copies of those.

 

Appendix 2 will be the statement showing the varying amounts, write the claim number and appendix number at the top of the copy of this also.

 

Any questions, just shout

 

Ell

Louip123 statement 2.doc

[Ell-enn]

Sorry, pressed reply before I'd finished -

 

You will need to take a photocopy of all that so you have one for yourself to refer to in court. Get to the court early and ask the usher if your statement can be put in front of the judge before the hearing. If they won't do that, you will have to give it to the judge at the hearing.

 

As this is your application to the court the judge will speak to you first, you should say "Sir/madam may I give you an up to date statement" and hand it over to him/her.

 

Also, take along the copy of your N244 so you have that to refer to as well.

 

Ell

[louip123]

hi ellen thanks alot that reads great how many copies will i need to tqake to the court with me thanks.

[louip123]

sorry you wrote your last post while i was typing will southern pacifics solicitor need a copy?

[Ell-enn]

Sorry, yes - you need a copy for the other side's representative.

 

Ell

[louip123]

all done ellen thanks again for all your help fingers crossed for monday. i will let you know the outcome hopefully things will go our way.

[louip123]

omg cant believe how nervous i am today. well i,ve got all my defence prepared and i am trying to stay as optimistic as possible.

[louise1111]

i have not posted but have been following!

very best of luck!

[staffyloo]

good luck:)

[kiptower]

good luck for today

[louip123]

hi all thanks for all your help unfortunately we got the most awful judge who never even glanced at our defence statement and basically said you have been in arrears in the past you will be in arrears in the future so i cant suspend the eviction. she would not give us any extra time or nothing so we have tomorrow to move out into a tiny 2 bedroomed town house with our 4 kids and have been informed that we have to give our dogs away that we have had for years. the judge would not give us leave to appeal.

[Ell-enn]

OMG that's awful ! I don't know what to say to you and I can't think what else we could have done. I'm so sorry for you:(

 

I wonder if it would be worth contacting the lender direct to see if they would reconsider?

 

Ellx

[Markiemark1]

OK. It still is not to late. Don't worry about the Judge being a monster. You can apply for permission to appeal, which will be heard before the Circuit Judge, and then further seek to appeal the decision - based on the fact that the judge failed to use the discretion that is available to them.

 

In general - and can only speak from limited experience - Circuit Judges tend to look at everything in far more detail than a District Judge - which in your case sounds like the usher would have taken more interest!!!

 

Don't give up now!!!

 

RM

[louip123]

hi thanks but would that be possible given the eviction date is in 2 days time 26/06/2009