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due to financial difficulties i fell behind with mortgage payments over a year ago, i have arrears of 5000, due to loss of emoloyment and now having an new baby the DWP is paying mortgage interest which is £220 per month, my mortgage is £258 a month and the lender informed me last week i need to pay the extra to make up full mortgage payment. however i recieved eviction notice for 10th march, i have spoke to lender who have said that because i already have reposession suspended from last year, and i have not made payments that court ordered i need to either pay half off the arrears or arrange payments to monthly to reduce the arrears, i offered to pay £100 monthly extra but they will not accept this and are continuing with eviction. when i attended court last year to have repossession suspended i agreed to pay extra off arrears as i was hoping to return to work, however due to pregnancy i could not return to work and now claim income support £64 weekly and child tax credits £61 weekly plus child benefit of £20 a week, i would struggle to pay £100 off arrears each month but need to keep my home for myself and children. when i spoke to lender today they said i could apply to the court again but its unlikely they will suspend it again as this is the 4th eviction notice i have had. i cant find money to pay off half the arrears and dont know what else i can do. any help would be appreciated.

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would it e such a bad thing if you do loose the house.?

you will be able to rent and go on the council list and you will get all your rent paid for. it may work out you will be better off.

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i really dont want to lose my home especially as i now have a 6 week old baby, i will be returning to work as soon as i can and hopefully get my financial problems sorted, but at the minute only have the benefits i mentioned earlier.

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take your letters and go to the homeless section ask to speak to someone who deals with the mortgage rescue scheme if you wan to stay in your home you could sell your property to a housing assocaition and then become a tenant and then you would get your rent paid by housing benefit. its a long process i have being going through it myself since last June the council/homeless section will contact your lender and they will negioate with them to hold off any action while they process your application for MRScheme you in the meantime pay what you can afford along with the dwp payment you have to go to shelter of cab to get an income and expenditure form plus i was told to get three evaluations of the property (this kinda speeds up the process a little)and give to the housing officer who will send on to the housing association then they will come out to see you and the property with the surveyor and the maintenance and someone from the housing association i could go on let me know if you want to know more if you want to go down this route :)

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Who is the lender?

 

I can help you with the N244 application but I have to go out this evening and won't be online till tomorrow morning if you can wait.

 

What date is the eviction?

 

Gather together any paperwork you have which shows the DWP pay the interest on your mortgage as the judge will want confirmation of that.

 

Also, I have affixed a budget sheet which will need to go with the N244 to show your income and expenditure. Make sure you account for everything on the budget sheet - if you only have say £40 available to pay each month then so be it - you have a baby and need to look after yourselves. Make sure you take the baby along to the hearing !

 

If you do go and enquire about the mortgage rescue scheme make sure they give you some sort of letter to prove you have been.

 

Let me know if you want me to help you in the morning.

 

Ell-enn

Budget Sheet.xls

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hi Ellen! just near the end of my problem now solicitors are doing their bit not i have accepted the offer from the housing association so hopefully ill be a tenant soon! hope you can help Dskelly!

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hi Ellen! just near the end of my problem now solicitors are doing their bit not i have accepted the offer from the housing association so hopefully ill be a tenant soon! hope you can help Dskelly!

 

 

Hi Mich, glad to hear it's working out for you after all :) I remember when your repo case first started - seems a long time ago

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When is the eviction supposed to take place ?

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next tuesday, 10th march, i know ive left it late for advice and to try to sort things out, but it was only last week that the lender told me how much i would have to pay extra ( which is £36 ) that wil make up the full mortgage payment, when i spoke to them today they said i did not send back the income and expenditure form they sent me before xmas, i did send it back but they must not have recieved it.

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Hi, yo need to get an N244 form to the court before it closes today! (I've affixed one to this post and will give you the instructions for completing it.

 

Have you done the budget sheet and got evidence of the DWP paying the interest ?

 

I can start to write you a statement for Q.10 of the N244 but need a bit more info.

 

Is the mortgage in joint names?

How many children do you have and what age?

Do you have a recent statement from the lender? if so does it show arrears charges and are these charges included in the amount of arrears they say you owe?

 

Ell

n244_e.pdf

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hi, the mortgage is in my name only, i have a 6 week old baby an 18 yr old daughter and 22 yr old son who live with me, ill have a look at statement now im sure the charges are included with the amount of arrears.

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OK, here are the instructions for completing the N244, I will do a statement for Q.10.

 

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.

 

Have you done the budget sheet?

Have you got the DWP interest payment info?

 

You need to get this to the court this afternoon before 4pm. You shouldn't have to pay a fee as you are on benefits. I have affixed a leaflet which explains what the exemptions from fees are and the form to fill in to take to the court.

EX160.pdf

ex160a court fees.pdf

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thanks for the forms, i spoke with CAB today and have an app mon morning, he told me to take n244 there and he would go through it with me, eviction date is wed not tues as i said earlier, he said i would get an emergency hearing before wed. also im a bit confused about DWP and the amount they pay for mortgage interest, ,my mortgage payments are £260 monthly and DWP pay £226 approx, im not on interest only as i enquired a while ago about switching to this and was going to have to pay a fee to have this done. the letter in have from lender says mortgage subscription is £260 so there is a shortfall of £34 that i need to pay monthly, i only received this letter last week though. it looks to me like DWP are paying more than they should be if they are only meant to be paying interest. i really should know this but dont so how will i find out? the charges you mentioned earlier are ridiculous, i never really read statements from lender ( i know i should ) it looks like more than half the arrears are made up of charges for failed dd,s admin charges and late payments. any advice welcome.

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Hi, you must put in your N244 statement that you don't agree with the arrears figure as it contains charges and affix a copy of the statement showing this.

 

You also need to quote S.36 of the Administration of Justice Act 1970 - the guy at the CAB should know this.

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hi, im taking N244 form to court this afternoon so will just have to wait for hearing, as for the charges on my mortgage statement... these are nearly £3,000 and are included with the arrears, i asked at CAB about this but he said it was pointless putting this across to judge as the fees will be legal., shall i still take statement with me, i,ll be leaving in about half hour.

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You should definitely take the statement showing the charges! The guy at the CAB should know that thery cannot be added to the arrears :mad:

 

Let us know when you have a date for the hearing and we'll do a written statement to hand to the judge.

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hi, the hearing is for wed 10am, they didnt have a space at the court i took N244 to so have to travel much further to another court, i have a letter from my lender off nov last year which says total costs incurred to date are £2236.26, total arrears stand at £5890. i think i have a more recent one, i will have a look.

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Did you take a photocopy of the N244 so you have one for yourself? what did you write in Question 10 of the form?

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hi, yeah i have photocopy of N244, Q 10 he wrote..asking court to suspend warrant due to personal and financial circumstances, gave reasons for my sickness from work over last year, also that i have new baby, says which benefits i am now claiming and how much i currently pay toward the mortgage shortfall after DWP payments. attached is income and expenditure and what i propose to pay off arrears. also says based on my offer it would take 7 years to repay the arrears which is well within the remaining term of existing mortgage...... if you want it word for word i can do that if it can be sent just to yourself ell. i also attached photo copies of DWP payments that have been made and that will be paid in the future.

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Did he quote the Cheltenham & Gloucester v Norgan case law?

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Not to worry - I'm sure it will be fine. Do you have anything in writing from the lender (a recent statement perhaps?) showing the charges and arrears? If so we can write a document for you to take to the hearing stating the arrears are not as high as the lender claims. You would just hand the document to the judge (it's quite normal to do this), and we can quote the case law at the same time :)

 

Ell

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hi, i searched for a recent statement today but couldnt find 1, so i rang platform this afternoon and asked how much the charges were in total and if they were included in the arrears, the gentlemen i spoke to said "no they are a separate account" he asked why i was enquiring and i said i had spoke with Consumer Action Group who were giving me advice on tomorrows hearing and needed these details, he then asked if i had an income and expenditure form completed, i said yes but it was pointless going through it again as the figure i had now was less than the amount i offered to pay off the arrears last week, he said he would still go through it and refer the amount offered to his manager. i did this and was put on hold whilst he spoke with manager, he came back and said "ok the eviction is cancelled and we will accept your offer"!!!!! i dont know whether it was because i spoke to someone different than the rude woman i spoke to twice last week or because i told them i was recieving advice from yourselves. either way thank you,

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