Eviction Please Help

[budobird]

Hi Can anyone please help me???? I am currently taking Black Horse to court for PPI. I have a loan for them and the PPI is more than the actual loan itself hence the PPI case. My solicitors have sent the paper work off to Black Horse and are awaiting a response from them, however i have now received an eviction date very soon. I have spoken to Black Horse solicitors and because i am unable to make a lump sum payment until 4 days after my eviction day there is nothing they can do. NOT VERY HELPFUL TO ME!!!!!! Can i go to court before and ask for the eviction to be postponed!!!!!!!!!!!! Am losing the will to live as i have a young child and nowhere to go please can someone advise me on this.

[budobird]

Hi I am sorry but i am very new to ths and have read thru some posts and you seem amazing at helping people and was wondering if you could try to help me. I currently am being evicted on the 26/11/09 by Black Horse. I have iisued court papers to them thru a company claiming PPI as it is more than my loan payment itself. I have fallen behind before and got an agreement put in place to pay extra each month. However i wasnt aware that i still had to pay BH and fell into arrears of just over 2k of which i have now cleared with all my saving. Recently i had time off work sick for a medical condition and am still visiting the hospital reguarly to try and overcome that, which meant i have fallen behind again by £2062.04. I have spoken to BH solicitors who were not very helpful and have said that i need to make a lump payment before the evicton date. I told them that i have zero money until 30/11 and they didnt care. Can i go back to court and ask for it to be suspended!!!!! PLEASE PLEASE HELP i cant sleep and evertime the phone or doors goes i panick. i have a young son and cant afford to lose my house especially this time of the year.

[Ell-enn]

Hi there, is this a secured loan? do they have first charge on the property or do you have a mortgage?

 

Try not to worry - we can help. No judge is going to evict you and your child for the sake of £2k.

 

You need to apply to the court on a form N244 (I have affixed one to this post), Q.10 is the most important part and I will help you with a statement for that.

 

You will also need to send in a budget sheet with the form and I have also affixed one for you. Remember when filling it in that the amount you are offering to pay each month is the amount left over after everything else has been accounted for.

 

In order to stop the eviction you will need to make a proposal to pay off the arrears by making a small payment each month in addition to the normal monthly payment. When your PPI claim is settled you can then pay off the arrears.

 

Did you attend the original possession hearing?

 

 

Ell

n244_e.pdf

Budget Sheet.xls

[budobird]

Hi Yes it is a secured loan and yes i did attend the first hearing where i agreed to pay an extra £125 a month. I will fill out the forms and get back to you. Very grateful that you are taking the time to help me. x x

[Ell-enn]

Hi there, is the mortgage in your name only?

 

These are the instructions for completing the rest of the form:

 

1. Your name

2. Tick Defendant

3. Cancellation of eviction warrant

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.

 

I will help you with the statement you need for Q.10 of the form. Let me know when you have completed the budget sheet. Also can you get some documentary evidence of your hospital appointments/medical condition, so we can show the judge what the reason for your falling behind with payments under the previous order.

 

Ell

[budobird]

No the mortgage is in joint names. Does that cause a problem!!!!

I have got a letter from the hospital regarding my physio but no doctors sick notes as i have given the to my work and they have been sent off!!!!

Edited November 19, 2009 by budobird
added extra piece

[budobird]

Hi I have completed the budget form but in section 4 where it states offer of repaymeny do i put what was aggreed or what i can actually pay???????? Thanks again.

[Ell-enn]

Hiya, you put what you can actually pay i.e. the amount left over after everything else has been taken into account. If it is less than you offered before then so be it. You should not offer more than you can really afford otherwise you may find yourself in this position again if you get an unexpected bill. Make sure you adjust food/travel etc to reflect emergencies.

 

You haven't said if the joint mortgage holder lives with you - are you married / in a partnership etc?

 

Ell

[budobird]

ok ta. Yes i am married and we all live together. My husband is the main earner. After budgeting for everything and keeping the payments the same i am left with £6 over. Should i add that on to my proposed payment????? It has changed slightly because of the price of petrol etc etc and i need my car for my job!!!! No car no job.

[Ell-enn]

No, just add the £6 back into travel expenses - petrol is going up again in the new year.

 

Do you just have one child? what age?

 

When you have answered the above I will complete the statement for you to attach to the N244 and put it on the thread this afternoon - you should then take it by hand to the court along with the fee of £35.00.

 

Back shortly....

[budobird]

Thanks, Yes i have one child aged 11 . Will look forward to receiving the statement and am able to get into the courts first thing tomorrow. Many Thanks again, i will keep you posted.

[budobird]

Also should a get a photo copy of the PPI claim from my solicitors and my hospital letter????? If so how many Thanks

[Ell-enn]

Are you back at work now?

 

I'm assuming the time you had off sick from work was unpaid? and this is why you got into arrears?

[Ell-enn]

Also should a get a photo copy of the PPI claim from my solicitors and my hospital letter????? If so how many Thanks

 

You will need three copies of each.

[budobird]

Yes i am back at work and earning money again. My company doesnt pay sick and so only got £79.10 ssp for 3 weeks off. Also i made a payment of over 2k in August this year and the confusion was that because of the ppi claim i thought that i didnt have to pay until it was sorted which is why i have now fallen behind with the payments. I am not very good when it comes to stuff like this, but will defo learn from my mistakes. Should i tell the judge that when my claim for ppi comes through that i will be able to pay off all the arrears as BH have only got 2 weeks to respond to the solicitors that issued the court papers.

[budobird]

Sorry so i need 3 copies of the following: N244 , Budget Sheet, hospital letter, ppi solicitors letter

[Ell-enn]

Sorry so i need 3 copies of the following: N244 , Budget Sheet, hospital letter, ppi solicitors letter

 

Yes that's right. Before photocopying, on the hospital letter - write the claim number on the top left hand corner and Appendix 1 on the top right hand corner. Do the same on the budget sheet which will be Appendix 2, then the PPI letter which will be Appendix 3.

 

Affixed is the statement for Q.10 of the N244. You need to fill in the information where there are XXX's at the top and in the first two points of the statement(obviously remove the XXX's). Print off 3 copies and sign.

 

You should then assemble 3 sets as follows:

 

N244 form

Statement

Hospital letter - Appendix 1

Budget Sheet - Appendix 2

PPI documents - Appendix 3

 

Make sure you staple each set securely. You need to take the original to the court with the fee and keep the other two sets for the hearing.

 

Any questions, just shout

 

Ell

Budobird N244 Statement.doc

[budobird]

ok thats great Thank You

[budobird]

Got hearing tomorrow at 1100. Black horse solicitors had the cheek to ring me today saying if i paid a grand before thursday at 1200 the they would cancel the eviction. I told them i wasnt in a position to do this and was going to ask for the eviction to be suspended. Will keep you posted.

[nunnyrose]

following with interest, good luck with tomorrow Budobird, sending you positive vibes.

[nunnyrose]

How did the hearing go Budobird?

[budobird]

Hearing went well not being evicted and judge gave me even longer to pay it off. Happy Days x x

[nunnyrose]

Fantastic

[TimeToStandUp]

Excellent news... gives us all something extra to fight for