Notice of eviction received for 11th Jan 2010

[hellakat]

Hi, i'm sorry if i've done anything wrong here, but this is my first time writing on this site.

 

So here's my problem...

 

I have got myself in £7000 of mortgage arrears + another £2000 charges, with GE MONEY. I went to court earlier this year and was granted a suspended possession order. I have failed to keep to the arrangement, due to spiralling debts, and have today received a notice of eviction for the 11th Jan 2010. I am very scared, and don't know what to do. I want to keep my house and have just got my finances on track. I can more than afford to pay my mortgage, plus some off my arrears, and all my bills and debts are now being paid in full and on time.

 

Can anyone tell me if i have any options? ( I have got a n244 form to fill in but dont know what i am doing).

 

Thank you.x

[Ell-enn]

Hi there, I can help you with the N244 - Q10 is the most important part and if you can give some more information I will draft a statement to put in that part.

 

Is the mortgage in joint names?

Do you have any children?

 

You will need to send in a budget sheet with the N244 and I have affixed one to this post for you. When filling it in remember that the amount you are offering to pay towards the arrears in addition to the monthly payment is the amount left over after everything else has been accounted for.

 

Try not to worry too much, if you can show that you are able to make payments towards the arrears you will be OK.

 

Ell

Budget Sheet.xls

[hellakat]

Hi, yeah the mortgage is in joint names, and i have 2 children. One of my concerns is that they refuse it, and if they do, i will have nowhere to go. I can't make massive payments off the amount before the court date, which is what the mortgage company want me to do.

[Ell-enn]

It's not up to the mortgage company to dictate how much you pay towards the arrears - they will always ask for large payments to stop eviction. Ultimately the judge will decide what you can pay, that is why you need to provide a budget sheet. There is case law which the judge can use to allow you to pay the arrears over a reasonable time, and not what the mortgage company want.

 

How much (roughly) is your monthly payment and how much can you afford to pay on top.

[hellakat]

My mortgage payment is £600 a month and i can afford another £400 a month.x

[jansus]

As ell-enn has said try not to get into conversations with the lender about this now. Let the court decide .Please do not offer more than you can afford or you will be back in the same position. You can always make odd extra payments if and when you can afford them. that is better than not keeping to the agreement.

 

Make sure as well you point out the amount of charges and what the actual arrears figure is.

[Ell-enn]

My mortgage payment is £600 a month and i can afford another £400 a month.x

 

£400 is a lot to pay extra each month - are you absolutely sure you can maintain this? £250 per month would make £3,000 per year and take just over 2 years to repay the arrears - I'm sure the judge would be happy with that. I have been involved in cases where there have been arrears of more than £10,000 and payments towards the arrears have been set at around £200-£250 per month, and in some cases much less.

 

You need to account for emergencies in your budget - if you get a large car repair bill or other household expense you might not be able to make the £400 extra and you would find yourself in the same position again.

 

Only offer what you can really afford to pay, not what you think the court will want to hear - I'm sure the judge would think £250 is absolutely fine.

[hellakat]

hey Ell-enn, just wanted to give u some info to help with question 10...

Right well since going to court in the first instance, when we were granted the suspended possession order, my husband lost his job and was unemployed for 2 months, therefore we were dependant on just my wages. Also we have had a couple of instances where baliffs have been for unpaid debts, and demanded money within a few days, and stupidly on my part, i panicked and paid them rather than paying the mortgage (trying to keep the situation under control so it wouldnt upset the kids, as i didnt want them worrying that ppl were going to take our things). We have just managed to get our finances in order and have regular direct debits going out to pay for our bills, eg gas, electric, council tax.etc but unfortunatley by this stage, we got ourselves into the situation we are now in. I understand that it is completely my fault, mainly due to stupidity and bad money management, but i was trying to stop any disruptions in my kids lives, as i didnt want them to suffer (not thinking about what damage, facing losing the house would cause, until i got to this stage). Thank you so much for ur help.x

[hellakat]

also on the n244 form, do i fill in the name of the court, claimant, defendant names, and date?

This is what i have put for the other questions...

1. mine and my husbands name

2. defendant

3. Suspension of eviction

4. no

5. at a hearing

6. 15 mins

7. n/a

8. district

9. both parties

10. not sure what to do on this one and on question 11

 

thanx again.x

[officejet1000]

Hello, Just saw your post, I am in a similar position, my court date is 10th Jan 2010. I panicked at first, but then I called Community Legal Service, and they have a department that deals with advice on this, I was put through to a lawyer called Cait who was absolutely amazing, she talked me through the whole process, step by step, what could happen, what may happen, and what to do if I wantd to stay in my home. Like the others say its up to the judge to decide on the day, given the facts and figures, and so long as you are showing wiling, and doing your best , the judge will take a fair view. In addition the advice I was given was to try and get the arrears amount below 50% of what is owed before the court date, and it should then be taken out of court - I think thats is what she said. Am I allowed to give company names and numbers on here? Also the other great place is Shelter they talk you through andreally help you, and make sre whatever you do, register with your local council for housing now, just to be on the housing register, then you can advise you may become homeless, and your local council have a dept that will help you and ensure you do not become homeless, they are not allowed to by law.

Hope this helps.

[on*the*case]

Hi hellakat

 

You are in good hands with Ell-enn, and the advice is sound

[Ell-enn]

also on the n244 form, do i fill in the name of the court, claimant, defendant names, and date?

This is what i have put for the other questions...

1. mine and my husbands name

2. defendant

3. Suspension of eviction

4. no

5. at a hearing

6. 15 mins

7. n/a

8. district

9. both parties

10. not sure what to do on this one and on question 11

 

thanx again.x

 

Hi there, that's fine - 10 & 11 as follows:

 

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.

 

At the top of the form fill in the information from the eviction notice, claimant, defendant, case no etc.

 

I'm drafting your statement for Q.10, back shortly.

 

Ell

[Ell-enn]

Hellakat, I am almost finished your statement for Q.10, but need to know how much you have decided to pay towards the arrears in addition to the normal monthly payment (see my post 7 above).

 

Ell

[hellakat]

had a chat with my hubby and he said £220, he doesn't wanna chance leaving us short, should a big bill come up like u said. Do u think this is reasonable? Also, we wont have a lump sum to take to court...do u think this will be ok aswell? Have u ever known a case like this be refused? Thank you again.x

[Ell-enn]

Hi there, if you are able to offer £220 towards the arrears then I think that you will be successful. What you have to remember is that judges don't want to take people's houses away from them unless there is no hope of payment. It will be OK, trust me

 

I have affixed your statement - you need to fill in the information at the top (claimant, defendant etc). Also you need to put your hubby's name where there are XXX's in the first two paragraphs of the first point.

 

When you print the statement out, you need to set your printer for A4 paper, not Letter size, and you will need to print 3 copies.

 

You will also need 3 copies of the budget sheet - write the claim number on the top left hand corner and Appendix 1 on the top right hand corner. Remember that the £220 you are offering should be what is left over after everything else has been accounted for.

 

Take 3 copies of the N244 form.

 

Make up three sets as follows:

 

N244 form

Statement for Q.10

Budget sheet

 

Staple each set securely.

 

Take one set to court with the £35.00 fee, keep the other two sets to take with you on the day.

 

Any questions, just shout

Hellakat N244 statement.doc

[Ell-enn]

Just one more thing - do you have a statement showing the arrears and charges?

[hellakat]

yeah i have one.x

[Ell-enn]

OK, at the end of the paragraph about the charges, add the words "please see Appendix 2, affixed" (are you ok to do that or do you need me to make the change?)

 

Then take 3 copies of the statement showing the charges write the claim number and Appendix 2 on them. Add to each copy of the pack.

[hellakat]

ok, i will be ok to do it. thanx.x

[Ell-enn]

OK, let us know when the hearing date is - when you take the form to the court they should tell you there and then when it will be.

 

Ell

[hellakat]

hi, sorry i haven't posted for a while...its been a bit mad over christmas, anyway, i took the form to the courts and paid my fee, then was told i had to wait for the post to come with my court date. Anyway...it arrived yesterday (5/1/10) and my court date is tomoz (7/1/10). I am absolutley bricking it now. Hope i get a good result.x

[hellakat]

hi, sorry i haven't been on for a while, its been a bit mad at my end with christmas and everything. Anyway, i took the n244 to the court and paid my fee, and they said i had to wait for the post to get my hearing date. Anyway, it arrived yesterday (5/1/10) and the date is tomoz (7/1/10) at 10am. I am absolutley bricking it now...extremely worried incase i dont get a good result. (Struggling to get someone to look after the children if the schools are closed again. Too much stress.lol)

[on*the*case]

Good Luck

Be Brave

[hellakat]

hey, just wanted to let everyone know that we WON and are able to stay in our house. The judge was quite harsh and ripped me to bits, but the main thing is, we got the result we wanted. Thank you to everyone for your kinds words of support and especially to Ell for all your help and support with the applications.xxx

[on*the*case]

A great result, well done.

See you can fight back against these awful bl**dy people.