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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

HELP!!! eviction to take place dec 10th!!

chantelle 26

By chantelle 26
in Home Repossessions

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chantelle 26

chantelle 26

Posted
Posted

Hi all,

Im writing this on behalf of my ex partner and Im unsure of all the details as he is not the sharpest tool in the box and has not understood the gravity of his situation until now ( I believe GE money are responsible of not keeping him informed well)

please bear with me and I will try to write as to the best of my knowledge

 

I was living with my partner with our 2 children and he became unemployed which led to the breakdown of our relationship due to arguing and depression etc so I moved out. He failed to pull himself out of his rut and the mortgage snowballed to its current arrears of £6919.51

he has been on benefits for a large chunk of this time. . most of it infact and for some reason he has not had the 'housing help' part of his claim yet, I called them today on his behalf and Im told I will be getting a phonecall monday morning with an update to hopefully a backdated claim. ( im just presuming they will backdate it)

as far as the arrears he told me he has been speaking regularly to GE money who have never informed him of a court appearance or the possible threat of eviction which has never been mentioned to him.

he infact told them about his pending claim and they have told him on several occasions not to worry and to ring them back when he receives the letter from the court. . . the letter we've now discovered is an eviction notice, court case dated 27th november, eviction date 10th dec, there was no letter to tell him there was even going to be a court case, he infact received another letter 2 days ago. . dated 23rd november notifying of a change of solicitor in the case that as we now know was held on 27th nov, handy that they would send the letter after the case but anyway.

now I went to his house the other day and he was packing his things ready to be homeless on wednesday, he does not know that you can even argue these things, I asked him why he has not consulted a solicitor and he just said I didnt know I could.

Im desperately trying to help him but I know nothing about this, only what I have read on here today, I will know more about the housing payment on monday, I was wondering If I could fill out a form N244 and what grounds I would have for doing so. . my opinion is that his lender has completely and utterly misinformed him throughout. . aware that he asks no questions, and that he has a pending claim which will clear at least some of the arrears and pay the on going mortgage, as for the rest of the arrears I would hope that they would consider something. . I dont know what to suggest there, I tried to get a loan for him through my own bank and was refused, I dont know what else I could do but if there is something anyone could suggest I could do to help him that would be great.

if they accepted to postpone the eviction how much longer would they give him?

ive probably missed loads of important stuff out here but this is the first 'eviction' ive come across (and hopefully the last) so please bear with me.

Im very worried about the time scale, I wouldnt have even known about this if I hadnt found him packing his things and I just think it would be the worst thing that could ever happen to him right now, is there anything I could get done tomorrow? I was thinking maybe taking him to get a solicitor tomorrow. . I think he would qualify for legal aid.

 

hope to hear some positive information from you guys. . .

 

chantelle x

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Ell-enn

Ell-enn

Posted
Posted

Hi Chantelle, I need you to answer a few questions before I can advise further, so let's see what can be done to help :)

 

Is the mortgage only in his name?

Is the mortgage interest only or repayment?

Has he got any documentary proof of his claim for mortgage interest relief?

 

You will most definitely have to enter an N244 at court (I can help you with that) to get a hearing to suspend the eviction and he will have to attend the hearing. If he has a claim lodged for mortgage interest relief then it is very likely that the judge will suspend the eviction pending payment from the DWP. Under the Government Mortgage Arrears Protocols lenders are not supposed to instigate possession proceedings if there is a claim for MIR with the DWP.

 

Ell-enn

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on*the*case

on*the*case

Posted
Posted

Right

 

You have read TimeToStandUps thread http://www.consumeractiongroup.co.uk/forum/repossessions/234718-just-received-eviction-notice.html and seen the process.

You want help from Ell-enn, who has been away for a few days. I have notified the site team that you need urgent assistance and it should appear over the weekend.

 

The first thing is an application to the court for a stay on the eviction, pending the outcome of the claim for mortgage assistance.

The form is the N244 (click on the link for a downloadable form) this will need to be completed and taken to the court office first thing monday morning. There will be a fee of £35, the court office will make the appointment there and then, it will be before the eviction.

 

Is the mortgage in joint names, or just your ex partner? If your name is on the mortgage then you can make the application, if it is your ex partner the application will need to be in his name, and he will need to attend the court hearing. You can also attend and speak as a 'McKenzie friend'.

 

Complete the N244 as per the instructions for TimeToStandUp. Q10 and the Statement will need some help, but hopefully Ell-enn will able to assist.

 

When you speak to the Benefits people on monday explain about the pending eviction and press for an email of possibly fax confirming that they dealing with the application for mortgage assistance. I would think that the claimed arrears may contain a lot of charges and costs, these are not arrears, can you find the original summons, that should have a statement attached to it.

 

A busy weekend for you, and tell your partner that there are plenty of us who buried our heads , not opened letters and hoped the mess would go way, but now we are on here, fighting back and saving our homes.

 

 

Edited to add: Ell-enn is on the case :)

Regards

 

on*the*case

 

Never Give Up! Never Surrender!

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chantelle 26

chantelle 26

Posted
  • Author
Posted
Hi Chantelle, I need you to answer a few questions before I can advise further, so let's see what can be done to help :)

 

Is the mortgage only in his name?

Is the mortgage interest only or repayment?

Has he got any documentary proof of his claim for mortgage interest relief?

 

You will most definitely have to enter an N244 at court (I can help you with that) to get a hearing to suspend the eviction and he will have to attend the hearing. If he has a claim lodged for mortgage interest relief then it is very likely that the judge will suspend the eviction pending payment from the DWP. Under the Government Mortgage Arrears Protocols lenders are not supposed to instigate possession proceedings if there is a claim for MIR with the DWP.

 

Ell-enn

 

HI ellen thanks so much for your response

 

yes the mortgage is in his name only

it is an interest only mortgage

and yes he has documentary proof about his MIR claim, I remember they sent him a bunch of stuff after he made his claim, I returned a portion of it for him but was left with all the rest of it, mortgage details and lender details are all included in it

 

Im hoping this is good news for him, the fact that you mention the lenders are not supposed to instigate possession proceedings if there is a claim for MIR underway seems like a positive note, because I know catagorically that he has told them on several occasions that he is waiting to hear about his claim

 

so Im guessing my next move would be to do the N244 form ?

 

your help with this is greatly appreciated

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chantelle 26

chantelle 26

Posted
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Posted

hi on the case

 

thanks so much again for your response, ive spoken with chris and told him to stop his packing :-) feeling much more positive about the whole situation now i've come across you guys. . what a godsend google turned out to be today!

about the whole arrears amount. . yes there are some suspect looking charges on there, for instance he has a £46 charge for debt counselling . . debt counselling he informs me he has absolutely no knowledge of, and lots and lots of admin charges

 

what implications do such charges have on the case ?

 

also. . what I would like to know is, there is some equity in the house as he bought a council property with 38% discount, why would they not just add the arrears onto the back of the mortgage?

 

x x x

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Ell-enn

Ell-enn

Posted
Posted

Hi there. Yes, the N244 is what you need. I have affixed a form to this post. Q.10 is the most important part and I can draft a statement for you to go in that part. It will be tomorrow before I can do that though, as I'm a bit tied up this evening and you can't do anything with the form till monday anyway. The form will need to be taken to the court by hand first thing on monday morning.

 

In the meantime these are the instructions for completing 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.

 

 

 

 

Can you gather together all info you can re his unemployment benefit being paid and also the MIR claim. Copies of them will need to be sent in with the form so the judge can see the situation. Also, if he has a statement from GE showing arrears charges we can use that too as we can show the judge that the true arrears figure has been inflated by these charges and therefore the situation has been made to look worse that it is.

 

 

Ell

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on*the*case

on*the*case

Posted
Posted
hi on the case. thanks so much again for your response, ive spoken with chris and told him to stop his packing :-) feeling much more positive about the whole situation now i've come across you guys. . what a godsend google turned out to be today!

Good. I was helped by this site (I still am) and its good to give something back :)

about the whole arrears amount. . yes there are some suspect looking charges on there, for instance he has a £46 charge for debt counselling . . debt counselling he informs me he has absolutely no knowledge of, and lots and lots of admin charges

what implications do such charges have on the case ?

By overstating the arrears position it makes their case look stronger. I bet the admin and legal charges are more than a £1,000

also. . what I would like to know is, there is some equity in the house as he bought a council property with 38% discount, why would they not just add the arrears onto the back of the mortgage? x x x

Because they are lying thieving scumbags:evil: but of course that's just my personal opinion..... There are protocols that lenders should follow before possession proceedings, such as payment holidays, making repayment mortgages interest only, adding arrears to the balance (capitalising) if there is equity, not taking action where there is an outstanding claim for mortgage assistance etc. Clearly they havn't followed these and have assumed this would be an easy kill.

 

Get the N244 sorted, Ell-enn has offered assistance with the documents, post your questions on here and get the form into the court, get the eviction stopped and his life back on track.:)

Regards

 

on*the*case

 

Never Give Up! Never Surrender!

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Ell-enn

Ell-enn

Posted
Posted

Hi Chantelle, I've drafted the statement but just need to know if you have the documentary evidence of the DWP claim for mortgage interest relief and also the statement from the lender showing charges.

 

Once you answer I will attach the statement :)

 

Ell

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Ell-enn

Ell-enn

Posted
Posted

Hi Chantelle, well done in being so prepared :) Affixed is the statement. You will need to fill in the info at the top where there are XXX's (remove the xxx's) - the info will be on the eviction notice.

 

Now, on the DWP info write the claim number on the top left hand corner and Appendix 1 on the top right hand corner. Do the same on the charges statement except it will be Appendix 2. You will need 3 copies of those to go with each copy of the N244.

 

You should then assemble each "pack" as follows:

 

N244 form

Statement

DWP info - Appendix 1

Account statement - Appendix 2.

 

You need to take one "pack" to the court - as he is on benefits he should not have to pay the £35.00 fee, but will need to take proof of benefits with him.

 

The court should give a date for the hearing there and then - I would imagine it would be on Wednesday, or even Thursday morning. Are you intending to go to the court with him?

 

Just another thought, if he is being treated for depression, is it possible to get some proof from his doctor before the hearing (he could take it along with him to the hearing).

 

Any questions, just shout.

 

Ell

Chantelle 26 N244 statement.doc

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chantelle 26

chantelle 26

Posted
  • Author
Posted

quick hi guy's. . . nervous to say the least, got to court this morning and have a hearing at 10am in the morning. . . aaagghh! lol

seriously on edge, got my packs together, got a brief who will meet me at 9.30am before the case, so dressed, kids to school and off to court with fingers legs n toes crossed ;-)

 

ty so much for all your help to date , ty ellen especially for your time and advice x

 

everything crossed and I'll check in with you guys on return x x x

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caro

caro

Posted
Posted

Good luck chantelle. From the looks of it you've done all you can to prepare. I'm just a bit worried about how you're going to walk into court with your legs crossed!:p

 

Seriously though, there's not really anything you can do now, so just try and get some rest so you're at your best for tomorrow. We're all behind you.;)

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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chantelle 26

chantelle 26

Posted
  • Author
Posted

woop woop!! firstly G.E money didnt even show up! bizarre I know, so pretty plain sailing unopposed. . they agreed to a 28 day suspension of the eviction to give time for the DWP to sort out the mortgage relief payment and then worked out a figure of about £50 per month on top towards the arrears!

 

how awesome is this website! I could never have done it without you guys and your support and quite frankly GOLD advice, I wouldnt have even known where to start. . chris would be homeless tomorrow if I hadnt have found you. . ( probably landing his homeless butt at my door! lol)

 

seriously. . . thank you so much! your amazing. . all of you, chris has asked me to pass on his thanks to you all and he's just taking me out for a nice celebration meal :-)

 

I'll check in on you guys later x x x

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Ell-enn

Ell-enn

Posted
Posted

That's brilliant news! Well done for taking this on for your ex, he must be sooo relieved and you should be extremely proud of yourself :)

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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angel_1

angel_1

Posted
Posted

well done and that is lovely to hear that its worked out in the end

 

just make sure its plain sailing from now on, and a pat on the back to you and to the cag members who helped you

 

take care laters angel x

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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