Eviction accepted by the Judge.

[asif9301]

Hi their, dont know what to do, just lost my case in attempting to suspend a eviction order. The judge sided on the claiment redstone mortgages. The eviction date also stands on the 14th October, I had completed the N244 with a statement, (see attachment) believing it to be quite strong, the duty solicitor confirmed it was quite strong, however when we went in, the judge dismissed my points, stating it was to much of a risk for the claiment therefore sided on their side, is their anyway to appeal this decision, and I can pay of the arrears if given an opportunity of 8.5k arrears according to redstone (7026) in my estimation as arrears includes admin fees of 700 plus 956.80 of this months payment even though it does not come into effect until the 15th of this month. The judge did not consider this the discrepancy at all. I have spoken to the lender after the decision they have said they are willing to take 5k to suspend the eviction, but I dont even have that amount, I will appreaciate any help. thanks in advance.

N244 Statement2.doc

[Ell-enn]

Hi there, I think the only thing you can do now is to appeal to a higher court. Ring your local court and ask where the nearest one is and which form you need to do this.

[asif9301]

Thank you, I have rang the court, and they have confirmed that I need to complete N161 form to appeal as well as confirm what grounds am I to appeal the original decision, spoke to the duty solictor who I was in on the hearing, he was useless at the hearing when comparing to redstone mortgage solicitor, does not know what grounds I have to appeal. I feel like crying. Dont know what I should do, whats fustrating is I know I can pay of the arrears now and resolve this if given a chance.

[Desperate Daniella]

Asif,

 

I am so, so sorry. If anyone can help it's Ell-enn.

 

I wish you all the luck in the world.

 

DDxxx

[jansus]

Can you clarify what you said about the fact that you can pay the arrears?

 

what has changed? are you saying you can pay plus a bit towards the arrears- or all the arrears not including fees?

 

Can you tell us what you want to put in the defence?

[asif9301]

Hi I said at the hearing I could pay the monthly payment plus 200 pounds towards the arrears, and may eventually be able to pay even more as the monthly rate reduces to 3.5% from 7.9% , however this was all ignored at the hearing. I can now pay a further 2k but not sure if this will help. Again any help will be appreciated.

[Desperate Daniella]

I had about the same arrears as you and what was very difficult was that they asked me what I could pay and would give me no indication at all of what they would accept so I am now paying £500 a month in arrears plus the normal payment which I am terrified about every month. In other words I'm paying £8,000 over 16 months. I was terrified to offer less in case they said no.

 

If you can pay off £2,000 of the arrears, then £6,000 over 16 months would be £375 p.m. I think I offered too much. Hopefully the £200 each month will be acccepted if the rate is reducing soon. When will it reduce?

 

DD

[asif9301]

thanks Desperate Daniella, I could definatley pay £2,000 of the arears and a further £375 plus normal payments, however dont know who to go to suggest it, higher court to appeal the district judges decision, dont know what grounds I have to appeal the decision, interest rate reduces on the 1st of November. Just so gutted the judge didnt even consider the rate change.

[asif9301]

My eviction date is the 14th of october, so any suggestions on what I can do, will be gratefully accepted. Is their anyway I can stop this.

[survivor_13]

Hi Asif,

 

I sincerely hope you wont be evicted from your home on Wednesday. We had an eviction date for Friday 9th October 2009, went to court on Wednesday 7th to suspend the warrant, however the judge ruled in there favour. We then appealed on Thursday and it was postponed until today.

 

Now I dont know where this will go but weve got a higher judge and have been given the chance to fight another day.

 

What im trying to say is dont give in to these Sub Prime Lenders with their extortionate rates in the first place coupled with charges and fees. Im sure you've invested way too much in your home to give in without a fight.

 

If your asleep, wake up and prepare your defence now, please do not delay and try not to make an offer that will further overstretch your budget that you cannot sustain.

 

Most evictions are around 12 noon, you still have time to appeal get to the court as soon as it opens, they will have to postpone the eviction until your heard.

 

Best of Luck, i hope it will be good news for us both

 

Survivor

[asif9301]

Thank you for your kind words. As you can see finding it hard to sleep. What grounds did you appeal to higher judge on. I dont know how to complete this appeal form. Any help will be appreciated.

[spitfire650]

Thank you for your kind words. As you can see finding it hard to sleep. What grounds did you appeal to higher judge on. I dont know how to complete this appeal form. Any help will be appreciated.

 

Are you living in the property at the moment - you refer to a tenant in your posts. The court are not going to be as sympathetic if this is a rented property rather than your personal residence.

 

What you need to show in your statement is that there is a real prospect of the arrears being paid in a realistic period of time and where the money is coming from. The dispute with your employer would have cast doubt on this.

 

Without being unkind, the application you attached was not well written, and in view of the urgency and importance I would suggest you contact a solicitor this morning. Please understand I am not trying to be critical, just practical as you only have one shot left and need to make it a good one.

 

Good luck.

[survivor_13]

Asif,

 

Sorry that I didnt get a chance to get back to you. Extremely busy as preparing my own defence for 10.30 this morn.

 

Its a leave to appeal. Didnt know that much about it until Ell-enn suggested this. TRY AND see if she can help you, shes fab. Ask the court for the form, they will point you in the right direction or go online and complete the form.

 

Sorry gotta dash, best of luck

 

S13

[asif9301]

Thanks for that, Ell-enn can you please help me with this. Is this leave for appeal the same as the n161 form the courts told me to complete. Any help will be appreaciated, last shot as stated in previous post, wish i had used this forum before my hearing.

[Ell-enn]

Hi there, you can download a N161 form from here www.hmcourts-service.gov.uk Select Forms and Guidance from the menu on the left hand side and enter N161 in the box at the top. You can then download the form and print it off.

 

Did you write the defence statement yourself for the hearing you just had, or did you have advice for it?

[asif9301]

thank you, I have found the form, attempting to complete the form, I think I need some help with this, yes I wrote the the original statement myself which was probably a huge mistake, any help with this would also be also appreaciated. thank you.

[Ell-enn]

Asif - you need to write a statement to go with this form. It should be in numbered paragraphs - you should also complete a budget sheet to go with the statement - I have affixed one here for you. The amount you are offering to pay each month towards the arrears should be the amount left over after everything else has been paid.

 

I will try and draft a statement for you to put the details into and post in the next 30 minutes but I am at work at the moment so a bit pressed for time.

 

back shortly

Budget Sheet.xls

[Ell-enn]

Affixed is a statement to go with the form. Hope you can get it to the court in time.

 

You will need a copy of the tenancy agreement for Appendix 1

Appendix 2 is your budget sheet

Appendix 3 is your proof of being able to pay £2,000 immediately (bank statement - bankers draft made out to the lender??)

 

Don't forget to write the claim number and appendix number at the top of these.

Asif N161 Statement.doc

[Desperate Daniella]

Good luck Asif and Survivor.

 

DD

[underdog13]

Good luck Asif and Survivor.

 

DD

 

Seconded:)

[asif9301]

Thank you all so much for the support and help. I am so gratefull. Just attempting to complete the N161 form, dont know how to complete fully, does anyone have any examples, or templates that I can use.

[**Tilly**]

Good luck Asif and Survivor.

 

DD

 

Seconded:)

 

 

Ditto

[Ell-enn]

Asif - which part are you struggling with?

[asif9301]

Section 4 - permission to appeal - do I need permission to appeal,

Section 5 - other information required for appeal,

section 6 - grounds for appeal,

section 7 - what are you asking the appeal court to do,

section 8 - other applications

 

I know its alot, but I really dont know what to do, please help.

[Ell-enn]

Section 4 - permission to appeal - do I need permission to appeal - if you have not had permission from the county court judge then you can't fill in the first boxes (ask about that when you take it to the court). If you were granted permission (did you ask for it?) then tick the Yes box, if not tick the No box

 

Section 5 - other information required for appeal,

This is the order for eviction.

 

section 6 - grounds for appeal,

 

This is the statement I gave you earlier - you need to change the title from Statement to GROUNDS FOR APPEAL

 

section 7 - what are you asking the appeal court to do,

 

tick vary the order, then write "suspend the eviction order, the defendant to make payments to the arrears of £200 per month in addition to the normal monthly payments"

 

section 8 - other applications

I don't think you need to fill that part in - again, ask the court when you take the form.