Please help, I have just received a Notice of Evicition

[ineedmortgagehelp]

Hello,

 

I have just received a notice of eviction from Uxbridge County court for the 7th of July! I've been in constant negoiations with the lender the this month, as I was unable to sell my house for the last six months, which was trhe conditions of the suspended possession order.

 

I sent them a firm proposal two weeks ago which was rejected on Friday. My proposal was that they capitalise the loan and I would be able to confortablity service the new repayment amount from income my new job and rental income I would receive from lodgers.

 

In the meantime, they applied for a warrant of eviction. The court said they sent it to me four weeks ago, but it seems they sent it to a incorrect address.

 

Can anyone, please show me how I can suspend the eviction order? Can I get the court to review my proposal?

[Ell-enn]

Hi there, you need to enter an N244 form at court ( I have affixed one to this post). The most important part is Q.10 - if you need help with that let me know.

 

Also, ring the court and ask if they have any legal advisors at court on the day of your hearing (lots of courts have them now).

[ineedmortgagehelp]

Hi there, you need to enter an N244 form at court ( I have affixed one to this post). The most important part is Q.10 - if you need help with that let me know.

 

Also, ring the court and ask if they have any legal advisors at court on the day of your hearing (lots of courts have them now).

 

Hi Ell-enn,

 

Thanks for your reply. I'm going to fill in the N244 form today.

 

i'm not too sure of question 4 - do i need to provide a draft of the order?

 

Also, what do i need to write in s.10? Shall i highlight my recent proposal to the lender?

[ineedmortgagehelp]

hello?

[Ell-enn]

Hi there, Just got in from work.

 

I can write you a statement for Q.10, but will need some info from you.

 

Is the mortgage in joint names?

Do you have any children?

Are you able to pay anything extra each month towards the arrears?

How many months arrears are there?

Who is the lender?

 

Do you have a copy of any letter you sent to them asking them to capitalise the arrears?

 

If you can answer the above asap I can start to write the statement. I can also give you instructions for the rest of the form.

 

Ell-enn

[ineedmortgagehelp]

COPY OF LETTER TO ABBEY

 

 

xxxx

xxxxxxx

xxxxxxx

xxxxxxxx

XXXXXXX

Halliwells LLP

3 Hardman Square

Spinningfields

Manchester

M3 3EB

 

5th May 2009

 

Dear Mr. XXXXXXXX

 

Claim No: XXXXXXX / Claimant: Abbey / Defendant:XXXXXX

 

Further to my last letter I have been actively seeking a viable solution to avoid repossession of my property. I am now fully aware that I am in substantial negative equity and if the property is repossessed, the shortfall is likely to be around £100k and if this is enforced against me I will have no option but to make myself bankrupt. Not only will I lose my home but I also be financially ruined and my life prospects will be shattered by bankruptcy.

 

However, despite the fact I am in negative equity I still want keep my home and as there is almost certain danger I may face bankruptcy and would like to propose a mutually viable solution.

 

I have tried my best to sell the property for the last six months and I have failed miserably due to the huge slump in my local property market. So over the last several weeks I have been examining options to continue resuming my mortgage payments to Abbey.

 

Initially, I would like to give a background of my work situation. As you are aware I have been unemployed for a while, but whilst I have been out of work I have extensively retrained by undertaking construction and project management courses. Whereby, I have obtained various certificates. As I am now certified and I have previous extensive experience in this industry, I have applied for positions and received very positive feedback. In fact, I am shortlisted with three companies with a view to start potential full time employment in September 2009.

 

The second aspect is that I have discovered that if I take in lodgers into my property and I can most certainly service my monthly mortgage payments. I have conducted substantial research into this and I have found that I can use two of my rooms as bedrooms for lodgers. I have learnt that I may acquire around £400 - £450 per month (please see APPENDIX A) and there is a ready demand for people looking to rent a room in my area. Furthermore, under the government rent-a-room scheme the income generated is tax exempt so I can use all of it to pay for my mortgage to Abbey.

 

In fact, I have test marketed my house and already found that there are 75 people actively looking for a room in my area (please see APPENDIX B). However, as you can appreciate the property is in poor condition. But after speaking to my friends and relatives about this option to save my home, they have said they would provide me with the necessary funds for the materials to bring the house up to a rental standard. The funds required for this the refurbishment and furnishing of the house will cost in the region of £4,000 - £4,500 which I will be able to obtain from my relatives by the 1st of June 2009.

 

With my recent construction training I will be able to do the necessary work, which I was unable to do previously as I did not have adequate funds to obtain quality materials. The work will take me about 4 – 6 weeks and I will need another 4 weeks to rent out the two rooms. So realistically I will be able to start resuming monthly payments from July / August 2009, as I should be receiving around £900 per month.

 

Further to this I should be in my new job by September at the latest which will give me a main source of regular income as well as the rental income. So I propose to service my mortgage payments by using this two fold strategy obtain tax free rental income from two lodgers and use my main income to make all future mortgage payments. I have calculated that my mortgage balance is approximately £225,000 (excluding arrears) and my monthly payments based on the current Abbey variable rate of 4.24% equate to £790 per month with an additional payment of £166 per month (£2,000 per annum) towards the arrears. So my total combined monthly payment would be £950.

 

I would therefore request that Abbey not enforce the possession order and allow me to make all future monthly payments. I would like the reserve the option to overpay, remortgage or sell the property when I am able to at any time during the duration of the mortgage.

 

The mutual advantage is to this proposal is that:

 

I am able to resume monthly payments.

I am able to payback the outstanding mortgage and total mortgage arrears

There is no substantial mortgage shortfall and I avoid bankruptcy.

I will have two forms of monthly income to service my monthly payments, which will eliminate any risk of defaulting on my monthly payments.

By repairing my property it will enhance the value of it and make is marketable for sale purposes in the future.

I will be able to end this chapter of financial instability and repair my credit which will give a much greater scope to remortgage in future.

By establishing myself in a new job I will be in a position to make overpayments.

Abbey saves additional expense of repossession, sale of property and the substantial shortfall issue.

 

I sincerely hope that this will prove to be a satisfactory solution to Abbey and if it is please can you provide written approval that they accept my proposal. Then I will be able to start the necessary work on the house

and rent the two allocated rooms.

 

Please can you come back to me by the 1st of June 2009. I look forward to hearing from hopefully with positive news.

 

 

Yours faithfully,

 

 

 

XXXXXXXXXXXX

 

Enclosures:

Appendix A - Spareroom prices for available rooms

Appendix B - Spareroom current List of Renters

[Ell-enn]

Hi, ok - you will need a copy of the letter (and appendices) and also their letter refusing your offer.

 

Have you actually had the money from relatives to do the work on the property?

 

Have you got a written job offer you can show to the court?

 

While I make a start on the statement for Q.10 - below are the instructions for filling in the rest of the N244.

 

 

 

1. Your name

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 I Believe

Sign and cross out all options except Applicant

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

 

 

Ell-enn

[ineedmortgagehelp]

Hi, ok - you will need a copy of the letter (and appendices) and also their letter refusing your offer.

I have got that

 

Have you actually had the money from relatives to do the work on the property?

Not yet, as i didn't get the go ahead from the lender.

 

Have you got a written job offer you can show to the court?

Yes, i can get a confirmation letter from the employer.

[Ell-enn]

OK, affixed is your statement for Q.10. You will need to enter the info where I have put XXX's (details will be on the eviction notice). When you print it out make sure your printer is set for A4 paper (not letter size) so it all stays on one page.

 

You will also need to put a budget sheet with it (I have affixed the one we use). Make sure the amount you are offering towards the arrears is the amount left over after everything else has been accounted for.

 

On your appendices, write the claim number on the top left hand corner and the Appendix number on the top right hand corner.

 

Assemble as follows:

 

N244 form

Statement

Appendix 1 - your letter to Abbey and their response

Appendix 2 - job offer letter

Appendix 3 - budget sheet

 

This forms the pack to take to the court (there will be a £35.00 fee). You really need to get it there tomorrow so you get a hearing before the end of the week. Can you get the employer's letter emailed or faxed to you tomorrow?

 

Also affixed is the Norgan case law we have quoted. It's only for your information - do not hand it into court - the judge will be well aware of what it is.

Budget Sheet.xls

Ineedmortgagehelp N244 Statement.doc

Cheltenham & Gloucester v Norgan.doc

[ineedmortgagehelp]

For the budget planner; do I place my current finance (minimal) or the proposed finances when I start my job and take in lodgers?

[Ell-enn]

As you're trying to prove to the judge how you propose to maintain payments to the mortgage going forward, you need to show how you will be doing that. So it will have to be the proposed budget, not your current one.

[ineedmortgagehelp]

Thanks Ell!

 

I really appreciate all your help

[Ell-enn]

You're welcome:) Get that form to the court asap - you need to get a hearing soonest. Post back when you have a date.

 

Ell

[ineedmortgagehelp]

Hi Ell,

 

I handed the N244 form and all enclosures and the court gave me a date for the hearing, which is on the 8th July (the day before the eviction date). I am really nervous, actually quite scared!

 

Also, I received a letter from the Lender's solicitor yesterday, which stated the following:

 

"Whilst our client would prefer the full arrears to be paid, there maybe a number of options available to you to prevent your property from being reposessed. With this in mind, could we please ask you to make contact by telephoning our Abbey Team on 0845 365 3853 as a matter of urgency"

 

What do you think they mean by 'options'? Is this a glimmer of hope or just a standard letter they send. I don't know whether I should get my hopes up.

[Ell-enn]

Hi there, no harm in ringing them to see what they say - but -don't be pressured into offering more than you have proposed in your N244.

 

Did you get the job offer letter to affix to the form for court?

 

I know it's a very scary time, but lets see what the lender has to say when you ring them (do it first thing tomorrow morning). Don't agree to anything over the phone just say you'll call them back to confirm, then post on here with details of what they had to say.

[ineedmortgagehelp]

Hi Ell,

 

Yes I got the letter and gave it with the N244 form along with the budget planner, the statement and the letter sent to Abbey.

 

I asked the Uxbridge county court clerk about legal advisors. They said they do not provide any and I will need to bring my own legal rep if I need them for the hearing

[ineedmortgagehelp]

Hi Ell,

 

I phoned the lender's solicitor just now. They were very unsympathetic and said they wanted the full arrears (£50k) to stop the eviction. I said that their letter mentioned 'other options to stop repossession', they said that did not apply to my account.

 

I explain my new job and new income and asked for them to capitalise the arrears and allow me to make repayments. They said, they will not do that unless I make six consecutive payments and then they will capitalise the arrears. I asked them to allow me to make those six consecutive payments from now on and they said that they cannot do that as it is too late as they now have a eviction date.

 

They were very unhelpful and rude. I feel so disheartened as I thought there was some hope

[Ell-enn]

OK, we can do an up to date statement for you to take to court. You will need the letter from the lender which you rang them about and we'll tell the judge they wouldn't negotiate.

 

You have a new job and are able to now make payments so I don't think you have anything to worry about

[ineedmortgagehelp]

Hi Ell,

 

I drafted this letter earlier today. What do you think?

 

Uxbridge County Court

501 Uxbridge Road

Hayes

Middlesex

UB4 8HL

 

6th July 2009

 

 

 

Claim No: XXXXXXX - Claimant:Abbey / Defendant:XXXX

 

To: District Judge

 

Dear Sir / Madam,

 

I had phoned the lender's solicitor at 9.30am on the 6th of July 2009, after a letter I received which urged me to contact them because they had numerous options to stop my home being repossessed. I contacted them and they were very unsympathetic and stated they will only stop the eviction if I paid the full arrears.

 

I explained to them about my new job and new income and asked for them to capitalise the arrears and allow me to make repayments. They said they will not do that unless I make six consecutive payments and then they will capitalise the arrears.

 

I asked them to allow me the opportunity to make those six consecutive payments and they said that they cannot do that as it is too late as they now have an eviction date. I have tried to negotiate and ask for help from the lender for many months.

 

They have always been aggressive, unhelpful and unsympathetic. I have provided them with many options to help me keep my home, but they have always been ignored.

 

 

Yours truly,

 

 

 

 

XXXXXXX XXXXXX

[Ell-enn]

Hi there, you need to take to court a similar statement to that which you affixed to the N244.

 

Hang on - I'll draft one for you - back in a few minutes

[Ell-enn]

Here you go - you need to fill in the info where there are XXX's at the top.

 

Take a copy of the letter you received and write the claim number on the top left hand corner and Appendix 1 on the top right hand corner.

 

Staple to the statement. You will need to take 3 copies of these documents with you to court, one for the judge, one for the other side and one for yourself. Don't forget to take a copy of your N244 application with you in case you need to refer to it.

 

Get to the court in plenty of time and ask the usher if they will put your statement in front of the judge before the hearing (you will have to give a copy to the other side's rep also, the usher will tell you who it is). It they can't - then you can give it to the judge yourself. As it is your application the judge will speak to you first - you can then say to him/her "Sir/Madam, can I please give you an up to date statement" and then just hand it over.

Hand a copy to the other side's representative at the same time.

 

Ell

Ineedmortgagehelp Statementfor Hearing.doc

[ineedmortgagehelp]

Thanks for that Ell

[ineedmortgagehelp]

Hi Ell,

 

Just a thought?

 

Do you think I should mention to the court that I am in litigation with a company to recover to recover £20k. This matter has been filed in court a few months ago and the court is setting a trial date?

 

Would this help my case, as I may receive £20k in the next six months?

[Ell-enn]

What's the £20k for?

[ineedmortgagehelp]

I lent £20k to a ex- business partner, before I got into arrears. There was a dispute over the return of the funds, so I have taken him to court