Eviction notice 14/7

[griff123]

Hi, I am sorry to hijack someone elses thread but I cannot seem to start a post myself. Any help would be appreciated, here I go....

We had a suspended order on our mtg for our normal monthly payments plus £100. We missed a payment before xmas and I spk to capstone and agreed to pay an extra £20 a week towards the arrears, I have paid the last 7 payments plus kept to the £20 a week. About a month ago I was surprised to receive a letter from Glenisters solicitors saying that they were going for repossession and to contact them. As my phone was off I emailed them with my offer (their letter said I could contact via email) I had no reply and today I have received an eviction notice for 14/7. I;m really scared and don't know what to do. Seems really unfair as I have made the last 7 payments plus £20 weekly.SPML have not wanted to help at all, they wouldn't add the arrears to the mtg or swop to interest only for a time to help me out. I have 2 children one of whom is autistic and I dread to think what the change in routine for her would do. Do you think it would be worth me reporting this to the FOS? I would really appreciate any advise, I really cannot lose my home.

[Ell-enn]

Hi there, you won't lose your home! You have demonstrated that you can keep to a payment plan by making the last 7 payments as promised.

 

What you need to do now is enter an N244 into court to ask for a hearing to suspend eviction. I can help you with that.

 

Firstly, do you have proof of the 7 consecutive payments you have made?

Have you any evidence of the arrangement you made with then to pay an extra £20.00 per month?

 

I will move this to a new thread for you.

 

Ell-enn

[griff123]

Thank you so much.

I have my mortgage stmt from capstone which shows Feb, March, April and my bank stmts will show the other 3. The £20 a week was agreed over the telephone, and the rep gave me their banking details for a standing order to be set up. I have been making the £20 every friday, the other payments have sometimes been late as the 1st of the month is awkward for me, but capstone refused to change the payment date to a suitable one. I find it so hard to believe that I have been making my payments and they are still trying to evict me. I'm worried as 1 don't have long to sort this out.

[Ell-enn]

Hi, if we can get the N244 form done so you can take it to your local court on Friday you should get a hearing early next week which is plenty of time.

 

Firstly, you will need to put in a budget sheet with your N244 form so the judge can see how you can afford the payments ( have affixed one to this post). Remember when you fill it in, that the total amount you are paying towards the arrears is the amount left over after everything else has been paid.

 

I have also affixed an N244 form. The most important part is Q.10 and I can write you a statement for that part. I will also give you instructions for filling in the rest of the form.

 

You will need photocopies of the statement showing payments and also of your bank statement for the other payments.

 

Is the mortgage in joint names?

Are there arrears charges included in the total arrears they are claiming?

 

Ell

Budget Sheet.xls

n244_0400.pdf

[griff123]

Hi Ellen

Yes the mortgage is joint. My partner is self employed and hasn't had as much work as usual, things are starting to pick up and we have maintained our payments so we have demonstrated that we can afford the payments. Yes I think they are trying to claim all the arrears but to be honest when you phone them everyone tells you different info. I will ensure I get the forms to the court on friday so if you could tell me what to put on the form that would be really helpful. Also my youngest starts school in september so I will be looking for work myself as well. Do you think its worth calling the FOS as well?

Many thanks

[Ell-enn]

Hi there, the FOS wouldn't be able to do anything before the 14th.

 

Can you start to fill out the budget sheet and get photocopies of the other proof of payment documents. In the meantime I will start to write the statement for Q.10.

 

Do you have any letters from them stating the total arrears they are claiming?

 

Below 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 WeBelieve

Sign and cross out all options except Applicant

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

 

 

It may be later tonight before I finish the statement, so keep checking on this thread as I may need more info

 

 

Ell

[griff123]

sorry Ellen I think I misunderstood your last question, yes there are arrears charges and I am also charged £115 every month.

[griff123]

Thank you and yes I will keep checking, I think the last letter I had that stated a figure it was about £5k but the recent correspondance from them hasn't had a figure on. I have in the past asked for a statment from when the mortgage was taken out but to date I havn't received one. To be honest I need to sort through things as this has come by complete surprise today. Is it worth me calling the solicitors tomorrow as well? their letter said to email an offer which I did, but they didn't even reply to me. It said its not too late to make an offer so I offered the monthly payment plus £100 suspended order plus £100 on top of that.

[Ell-enn]

Can you really afford £200 on top of the monthly payment??? or are you offering what you think they want to hear hoping they will stop the eviction? There's no point in offering to pay an amount you might not be able to keep up if something happens in a few months - you would just find yourself in the same position again.

 

You need to be very realistic and stick to what you can afford - if you have been paying £100 + another £20 per week then you should stick to that but only if you really can afford it going forward. Do the sums on the budget sheet and then let me know what you can afford. We can always tell the judge you were pressured into making higher payments.

 

How many months in arrears do you think you are - does it match up with the £5K they are claiming you owe?

[griff123]

Hi Ellen, I don't think the arrears add up, but until I get a stmt from them I cannot check back. I think I have missed 1 pymt since the suspended order has been in place and 2 prior to that . Sorry I cannot be more sure. Do you think its worth me phoning them or the solicitors tomorrow?

[Ell-enn]

Hi, no harm in ringing them and asking if they received your email - they probably haven't answered you yet as they will have to send your offer to the mortgage company to see if they will accept it.

 

Ring them in the morning, then post back on here to let us know what they said and we'll take it from there.

 

Try not to worry too much, I don't think you'll have much trouble getting the eviction cancelled.

 

Ell

[griff123]

thank you i feel more positive now.....if it went in our favour would the eviction just be postponed or would it be like another suspended order again?

[Ell-enn]

The eviction will be cancelled. If you miss payments again, they can just apply for another eviction warrant. Provided you keep up the payments nothing will happen.

 

Do the budget sheet and fill in the rest of the form. I'll wait until tomorrow to finish the statement for Q.10. See what the solicitors say about your payment proposal, but just be sure you can afford what you've offered. If you are in any doubt you need to go to court and tell the judge you made the offer under pressure and you need to offer less - it won't go against you - the judge will realise you are being honest and they appreciate that.

 

Just remember, any unexpected expense can crop up, car repair, boiler something needed for the children - don't leave yourself with no contingency for emergency, or you will be fighting another eviction warrant (not good!).

 

Ell

[griff123]

Hi Ellen, sorry for the delay today, my internet connection was playing up this morning. I spoke to the solicitors and they were no help, I then called capstone and for once I got a human with compassion. I don't think he could understand why they had gone for eviction when the last 7 months have been paid. He cancelled the eviction straight away. I am so relieved I called the bailiff and even he was nice, he said to call him next week and he would confirm that it had been cancelled with him. Thank you for all your help and positive advice, it really was appreciated.

[Ell-enn]

That's great news! Hope you can relax a bit more now. Don't forget to call the court and check the eviction is cancelled.

 

Also, did the person you spoke to say they would put it in writing that the eviction would be cancelled?

 

Ell