Eviction 2nd December ,..

[michellej]

We are going to court tomorrow to hand in our N244 and hopefully get the eviction suspended on the grounds we have agreeded a private sale with property investor ad will give us a letter headed letter to provide to the courts stating the agreement ,.. plus I want to appeal on the grounds that the arrears are not an true account of what we owe ,.. will this be good enough to get the eviction put on hold ??????? any help will be greatly appreciated thanks in advance

Edited January 1, 2010 by michellej

[Ell-enn]

Hi there, what have you put in Q.10 of the N244 form?

[michellej]

Hi have not filled it in as yet , just looking over different posts , but would appreciate your help as many speak highly of you , thanks in advance

[michellej]

hi can anyone give any advice???????

[MARTIN3030]

Report acknowledged.Please be patient-is flagged for response.

[michellej]

no probs

[michellej]

morning all ,.. anyone got any ideas what to put in Q.10? or any advice at all as putting n244 form in today

[Ell-enn]

Hiya, sorry for delay - I had to log off early last night.

 

OK, I can draft a statement for you for Q.10 of the N244, but will need some information first.

 

Is the mortgage in joint names?

Are there any children at home?

What was the reason for the missed payments (the judge will want to know).

 

In the meantime you need to complete a budget sheet to send in with the N244 - I have affixed the one we use. When you are filling it in, remember that the amount you are offering towards the arrears each month in addition to the normal monthly payment, is the amount left over after everything else has been accounted for.

 

As soon as you answer the above questions I will put attach the statement. Please stay on the thread as I may need more info.

 

Ell-enn

Budget Sheet.xls

[michellej]

Hi there again ,..

 

The mortgage is in my name only

Yes my partner has 1 childaged 12

The reason for the missed payments , well I got a suspend possession order beginning of the year , I paid a few payments , and then I contacted them inregard to interest only which was refused , at that time I had a suspended possession order on my main mortgage, which came after the first order ,.. I again contact this company in regard to holiday period whilst I tried to bring the other arrears down,.. I was advised that it would be considered and will let us know the outcome ,.. well with that much on our minds we continued wit other arreas ,.. this company just never got back to us and we assumed it was ok and getting dealt with ,.. then out the blue like 2 weeks ago we get an Eviction date ,.. I know its irresponible and should of addressed this situation sooner , but as we were struggling with other bills and never give this other debt much thought until now,..

not sure if I will need a budget sheet , as I have a private sale agreeded with a property investment company ,....

plus I wish to challenge arrear's amount as this is a lot more then missed payments ,...

thanks for taking time to help me out ,.. if you need any more info then do ask ,..

Edited January 1, 2010 by michellej

[Ell-enn]

Ho, OK - I'll post a template statement for you in a short while (I'm at work at the moment and have a 10 minute meeting now).

[michellej]

ok thanks , off out myself for 1 hour, to collect the letter off this company who are buying the property ,.. thanks again

[Ell-enn]

Statement is affixed - you will need to enter the information where there are XXX's at the top and also where there are brackets in the first bullet point.

 

You need to print off 3 copies of the statement and you also need 3 copies of the letter regarding the agreed sale. On each copy of the letter you need to write the claim number on the top left hand corner and Appendix 1 on the top right hand corner, then staple a copy to each copy of the statement.

 

Take one set to court (there will be a £35.00 fee), the other two are for you to take to the hearing - one for yourself to refer to in court and the other in case either the judge or the other side haven't got theirs.

 

Ell

 

Here are the instructions for the rest of the form:

 

1. Your name

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 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.

Michelle J N244 Statement.doc

[michellej]

hello again and thanks for your time ,.. can not open the file link ,.. any ideas

[michellej]

could I just get the n244 application in today and take paperwork tuesday , the day of the expected hearing ?

[michellej]

well got application in and explained to court clerk that I Would bring the letter regarding the sale of the property etc , she said this was fine ,.. could not open the statement earlier Ell-enn , well have all weekend to sort it out, thanks

[on*the*case]

hello again and thanks for your time ,.. can not open the file link ,.. any ideas

 

Did you manage to open the link for the document?

 

If you left click on it a box should appear asking to save or open with ?? choose Word for windows and it should open as a Word document.

Come back if you still have difficulty

 

And good luck in court. Ell-enn saved my bacon only a week or two ago.

[michellej]

Hi there ,.. no can not open it ,.. thanks for the comments for court ,.. just hope I can sort this over the weekend ,.. plus should I send an SAR letter as I want to dispute total arreas as way over what they estimate ,.. Ell-enn seems to know her stuff and helps alot ,.. and a great help at that ,..

Edited January 1, 2010 by michellej

[on*the*case]

Hi I have cut and pasted the statement and sent to you by PM (private message)

regards

 

 

You should get an email or popup about a private message, but if neither has happened go to the top right of the page just under the ads and there will be a box that says 'welcome michellej' click on the link for private messages and it should open.

Edited November 27, 2009 by on*the*case

[michellej]

Hi thanks alot for that , made it a lot easier for me ,.. guess I can take it to word now ,.. good to hear you were successful in your case ,.. do you have a link to your thread cheers best wishes & thoughts

[michellej]

another thing should I send SAR letter as I wish to dispute arreas , and now house will be sold the charges will be in the total they request ,.. but yet in dispute , any advice on this side of things ,.. will be plan B the dispute of arreas ,.. I had £31,000 6 years ago , £5,700 in arreas (even though missed about 8 payments @ £260 per month ) ,.. total owed after 6 years £41,800 ,.. absolute joke ,.. I was paying capital & interest ,.. and then when I think on things ,.. if I took interest only on this advance ,.. at maybe £130 per month with no capital paid , I would owe £31,000 , what I first got ,.. so why after 6 years do I owe £41,800 , when I pay some towards capital ,.. so I want to dispute this 100% and take out my own court case against this figure , as surely they will expect £41,800 from the sale ,.. does not seem right and will fight this all the way ,.. if I have to sell our family home then , I do not intend to give away the equity we have built up over the years we have lived here ,.. we are going through enough stress without giving away money for nothing which could help us get our life back on track and secure rented accomadation until we get ourselfs back on our feet ,without any worries of finding rent each month,.. well any thoughts will be greatly appreciated

Edited November 28, 2009 by michellej

[michellej]

Morning all ,.. well just call property investors regarding sale and something in writing ,... I will be picking up a Company Letter Headed agreement , stating sale, sould I take these to court Monday to hand in so these will be availble to the judge on tuesday morning when he listens to our appeal ,..and will a SAR letter to G E Money look better too if disputing arrears??????????

Edited January 1, 2010 by michellej

[on*the*case]

I think it will be OK to take them with you when you go to court.

 

Make three copies of the statement Ell-enn has prepared and when the Judge asks you what you have to say, hand over the additional statement asking that he consider it.

 

If the judge asks about evidence of the sale, then you can also pass a copy of the letter as proof.

 

The Judge will (should) ask about about the arrears and if you agree the figure.

It would be good if you can say, 'No Sir the claimed arrears include £xx of charges, I believe actual arrears to be £XX'.

If you are able add all the actual monthly payments due since the start of the mortgage (or from when you first fell in arrears) and deduct all the payment you have made from that point, the difference is the actual arrears of mortgage payment, anything else will be charges, costs and interest on interest.

 

About the SAR, its up to you, I think its enough to able to say that you are challenging the claimed arrears and that you are requesting a full statement of account and applying for all held information under a SAR. That is what I did, the mortgage co were claiming £7,100, I said that the arrears were £4,000, the Judge accepted that and ordered the mortgage co to provide a full statement of account within 21 days.

 

Try and relax a bit over the weekend, I know your head will be all over the place with worry, there are lots of people who have been in the same position, we know what its like.

[michellej]

Hi all, just a thought I had ,.. how legal is an agreement with G E Money if from 2003 when I originally took out agreement , it was with Ocean Fiance , then first national ,.. then passed on to G E Money ,.. I have never signed an agreement contract with either of last 2 companies ,... could I challenge them incourt against the full account now I am disputing arreas? any thoughts on this will be greatly appreciated

[shakespeare62]

I would have thought that there could be potential Notice of Assignment and Deed of Assignment issues.

 

You would be entitled to see proof of the Deed of Assignments to each new alleged owner.

 

Perhaps you should flag this up with the Site Team quickly ...

[shakespeare62]

It's a chain of assignments here ..the final alleged owner would have to prove that the mortage agreement is indeed their property ...and has been perfected correctly under under section 136 of the Law of Property Act 1925 ...including assignements to previous owners.. i.e. that it was the previous owners property to assign it to them etc..