help eviction on 26th march

[Ell-enn]

Hi there, you certainly can fight it ! You need to apply to the court on an N244 form asking for a hearing to suspend eviction. I can help you with the form - Q.10 is the most important part. You can download the N244 form 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 will be taken to the page where you can download the form - I can then give you the instructions for completing it. You will need to take it to the court with a fee of £35.00.

 

You will need to send in a budget sheet with the form and I have attached the one we use to this post.

 

I don't know what they mean by not making payments without their permission! and I don't think a judge is going to be too impressed with that either.

 

Do you have a copy of the letters you sent to them with your offer of payment - we will need them to go with the N244 application. If you sent by recorded delivery we will need the signature receipts also.

 

Provided you can prove you are in a position to pay an amount towards the arrears each month in addition to your normal monthly payment you should get the eviction suspended, especially as you have a baby. Incidentally, the arrears charges should not be included in the arrears amount - they should be added to the end of the mortgage anyway.

 

Ell-enn

Budget Sheet.xls

[Ell-enn]

OK, gather together both the letters you sent and the ones you have received from them. Put into date order.

 

I will make a start on the statement you will need for Q.10 of the N244 and post on here later this evening.

 

Is the mortgage in joint names?

 

Ell-enn

[Ell-enn]

OK, on the letters you sent, and also on the delivery receipts, write at the top of each one the Claim number (it will be on the eviction warrant) on the top left hand corner and Appendix 1 on the top right hand corner.

 

On the letter you got from them write the claim number and Appendix 2

 

On the budget sheet write the claim number and Appendix 3.

 

The instructions for completing the rest of the form are:

 

1. Your names

2. Tick Defendant

3. Suspension of eviction 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 We Believe

Sign and cross out all options except Applicants

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

 

 

I have affixed the statement for Q.10. You will need to fill in the details where I have put XXX's (delete the XXX's) so read through it carefully to make sure you have put all info in. When you print it out make sure your printer is set for A4 paper and that it all stays on one page.

 

 

You should now have:

 

 

N244 form

Statement

Appendix 1 - your letters and delivery receipts

Appendix 2 - their letter telling you not to make payments

Appendix 3 - budget sheet.

 

 

Take a photocopy of all of the above before you take it to court so you have one to refer to on the day of the hearing. Staple the attachments securely to the form.

 

 

When you know the hearing date, we can go through the process.

 

 

Any questions, just shout.

 

 

Ell-enn

Louip123 statement.doc

[Ell-enn]

No problem once you have taken your application to court tomorrow you need to start to gather evidence of all the payments you have made since the possession hearing. You can take that with you on the day to give to the judge.

 

Ell-enn

[Ell-enn]

Can you get proof of all the payments you have made since the original suspended possession? That will show the judge that you have done what you can.

 

Ell

[Ell-enn]

Ok, once you have printed off the bank statements we can do an up to date statement for you to take on the day. We can do that towards the end of this week

[Ell-enn]

What were you phoning to pay today?

[Ell-enn]

You won't need a removal van on Monday! - however, you could keep hold of the money and we will report to the court that they refused to take your payment - the judge won't like that!!

[Ell-enn]

I'll do a statement later this week for you to take to court with you.

 

Stay positive - you'll be OK

[Ell-enn]

We can put that in the statement for you to take to court. You have already sent in to the court copies of your letters asking for help and their replies - it won't look good for them!

 

Ell

[Ell-enn]

No problem, I'll post it up tomorrow.

[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

[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.

[Ell-enn]

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

[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

[Ell-enn]

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

 

Ell

[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

[Ell-enn]

Hi there, are you going to put in an appeal to the circuit judge? you might be able to get a hearing tomorrow?