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ell-enn help, court hearing monday morning for eviction


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hi i filled in all my n244 form and got my hearing for monday today, but i sat down last night went through all the mortgage statments and it said

 

not got exact figures on me today as statement is at home

 

Total due to date £47,000

Total paid to date £40.000

 

Total arrears £7000

 

Then it said total charges to date £2500

 

so am i right in assuming my TRUE arrears is only £4500 and if so can i point this out to the judge as i went through the statements 3 times or more and it is all pointing that i am only £4500 in arrears as the rest are charges. which seems unfair as they knew we were in financial difficulties yet charged us so much. Also what are the chances of the judge suspending the eviction as we have offered them £1200 but they said no so we have the cash to show the judge and are budget sheet shows we can forth going afford the mortgage plus £100 towards the arrears. it seems they have been very unfair and that the TRUE arrears are not as much as stated as the rest are charges.

 

help needed! :-/

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Hi Cutz

 

I cant offer much advise, but just came on to give some support, I know how you are feeling now, as I too have had several appearances with the Judges,

 

Please dont worry so much, if you can show you are in a position to maintain monthly payments plus a little extra you will be ok, Judges are not that keen to put people out of their homes.

 

Ive been to court many times, because my lender will apply for a warrant if i am so much as a day late in paying them. They have now been told off by the jude for doing this.

 

Just make sure you gather all your evidence and lay everything out clearly, also get a statement to take to court, speak clearly and confidently, dont let the other side bully you into paying what you cant afford.

make a record of every telephone call every letter etc you have with your lender.

 

above all please dont panic,

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well hope so. fingers crossed. Ive got all my docs to hand the estate agents letters that house is on market. the letters from council to say we looking into mortgage rescue. also wrote on my defense that we asked for interest only to help during our loss of income and they refused, we also have £1000 to take with us to show judge on Monday in cash that they refused to except. we have our statements from 1st may 2006 when mortgage started to 25th April 2010. i added up since the capitalization of arrears we should of paid £9910 in mortgage payments but we only paid £2250 so arrears stand at roughly £7350 but then theres £800 charges too roughly to go on top of that. so Im hoping as our budget sheets shows we can maintain the payments from June on wards the monthly payment plus £100. can only hope now and hope the judge is sympathetic. reason for arrears building up wsa due to a loss in income from self employed business due to a roof falling in and took landlord over 12 months rectify. all scary as im thinking the worse for Monday and if possession is granted then Ive no where live let alone my ex partner and our little boy. what are the chances of a judge granting possession?

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