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Eviction 29 Sep HELP!!!!


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We have just received an eviction notice from the mortgage company. However our circumstances in the last week have dramatically changed.

 

My sister has now got a full time job, she is now entitled to tax credit, she doesn't have to pay her other half CSA payments anymore (long story) and we are about to complete on a claim worth approx 6 grand for compensation.

 

The reason for us falling behind in the payments was my sister was made redundant however, due to working for the MOD they have now re-employed her and obviously she has to pay her redunancy money back! (which we were hoping to use to clear the arrears!)

 

So question 10 on the N244 form for us to take to court - do we put all this? will it stop the eviction ??? and as we have an eviction notice is it free???

 

We don't want to loose the house - our last option would be to ask our elderly parents for the outstanding balance - but we want to see if we can sort this out first.

 

Help someone please - question 10 is really important for the judge!

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Hi there, you are correct that Q.10 is the most important part. If you can wait until this evening (I'm a bit busy at work at the moment) I can help you structure a defence statement - is that OK?

 

You should also send in an income and expenditure statment with the N244 - I have affixed the one we use to this post. Remember when filling it in, that the amount you are offering towards the arrears each month is the amount left over after everything else has been accounted for.

 

Is the house in joint names?

 

Ell-enn

Budget Sheet.xls

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Thank you so much. Could you give us a few pointers about the form - are we asking the judge to suspend the warrant now our circumstances have dramatically changed?

 

Our financial situation changed due to the fact my sister was made redundant by the MOD (well her job was) however they have now asked her back and this is her first month of work (at last!) yes we struggled very much trying to pay everything off - so the mortgage did unfortunatly not get paid.

 

Yes the mortage is in joint names.

 

thank you again Ellen all your help is very helpful and may mean we can both sleep tonight and not worry ourselves sick!

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OK, I'll give you the instructions for completing the rest of the form when I get home this evening - are you able to be online tonight?

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No problem - we'll get it sorted. I take it you have a N244 form?

 

Ell

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Hi there, I noticed on your previous thread back in June that you advised the lender that your sister had been made redundant but had a new job - you offered the mortgage company £50 per month towards the arrears. Did you make any payments after that?

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the full time job that she was offered actually fell thru in Jun/Jul this year - however her previous employers ,the MOD, have re-employed her (they made her job redundant) and she started at the beginning of August hence we paid our mortgage on 01 Sep 09.

 

And now we have received a notification of eviction.

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Ho, Ok I will start to draft your statement. How much are you offering towards the arrears each month?

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we have spent all day calculating all our outgoings etc., and we can comfortably afford £200 per month on top of our mortgage payments.

 

We have calcuated this amount - so even if the mortgage rate increases - we will still be able to afford the mortgage plus £200.

 

thank you for all your help i know this is a complicated one !:)

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How much are the arrears? are you absolutely sure you can afford £200 extra each month?

 

You say you made a payment this month, did you just pay the normal payment or was there anything towards the arrears?

 

Sorry for all the questions, but I need to know as much as possible to do the statement.

 

Ell

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the arrears are approx 9 thousand

 

we expected the mortgage company to take our normal mortgage payment plus the agreed amount, however, upon checking we have found that they just taken the mortgage payment from our bank account (we had set up a direct debit)

 

ok what about £150 ? we can definately afford that! and if we can afford anymore we will make a further payment?

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Does the £9,000 include any arrears charges? Do you have a statement showing the arrears and charges? - you asked for that in your letter sent to them in June.

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Does the statement show the charges?

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Last question :) would you be able to pay £150 tomorrow over the phone? it would help if you could show that you made September payment plus the extra towards the arrears.

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hi

if possible yes we would - might mean borrowing the money but would show the mortgage company that as soon as we were able to pay the mortgage and the arrears we did so - is that what you think? and shows our committment to pay and carry on paying it as now in full time employment

i am slightly annoyed that really this is there fault as should of taken the arrears and the mortgage payment at the same time as they told us by letter they would via direct debit

 

anyway great idea :)

ju

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OK, you will need to take copies of the statements.

 

Affixed is your defence for Q.10. You need to enter the info at the top where there are XXX's and also where there are XXX's in the rest of it.

When you print it out make sure your printer is set for A4 paper (not Letter size) so it all stays on one page.

 

On the budget sheet write the claim number on the top left hand corner and Appendix 1 on the top right hand corner. Do the same on the statements except it will be Appendix 2..

 

These are the instructions for 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 We Believe

Sign and cross out all options except Applicant

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

 

 

 

 

Now assemble as follows:

N244 form

Defence Statement

Appendix 1 - budget sheet

Appendix 2 - statements

You will then need to take a copy of all of it for yourselves. Then staple the pack together and take it by hand to the court, they will give you a hearing date there and then.

Any questions, just shout.

 

Ell

dsjuliea N244 Statement.doc

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so the story gets stranger ....

just had a letter from the mortgage comany wanting us to urgently call or send them a letter about our secure proposals to pay off the arrears on the account ?

I have tried to phone them a couple of times but 'due to unforseen circumstances they are unable to take my call at this time'

 

Should I offer to pay what our budget says we can? The mortgage plus the £150 off the arrears each month

Looking at the eviction notice it does state at the top that the claimant can stop the eviction if an arrangement has been reached?

 

slightly confused please help

 

Thanks

Julie :)

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If you've got a fax number for them send them the statement from your N244 with a covering letter telling them that is what you have sent to the court as you have received an eviction notice!

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we have decided to get proper legal advice from a solicitor who I think could help us and give me a defense statement that i actually understand

As after reading what you have entered into what we should put - sorry doesnt make sense to me

i know you are on this site and are trying to help people but i think that you should be telling people to seek legal advice also and not to depend on what you are saying totally which I did until I spoke to someone yesterday.

I now have actual hope that this will be resolved and that the mortgage solicitor will not have any idea what our defense is going to be in this matter.

As you never send anything to the mortgage company or their solicitors - everything goes to the Court as they are making the decision

 

I dont think i will visit this site again

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