Eviction Date 4th June - Kensington Leading Me On

[Ell-enn]

OK, you need to decide whether you want to keep the house and pay off the arrears over a period of time OR do you want to ask the court for time to sell (and make increased payments while it is on the market) ? either way there is case law we can use to support your case.

 

As soon as you let me know I can draft a statement to go with the N244.

[Ell-enn]

Also, you will need to complete a budget sheet to go with the N244 (I have affixed one to this post). When filling it in, the amount you can afford to pay towards the arrears in addition to the normal monthly payment, is the amount left over after everything else has been accounted for. You will also need some proof of your income as you are self employed.

Budget Sheet.xls

[Ell-enn]

Hi there, I'm just starting to draft your statement, but need some info:

 

Is the mortgage in your name only?

Do you have any children?

Have you completed the budget sheet?

Do you have proof of your income?

[Ell-enn]

Great. Affixed is the statement for Q10 of the N244 form (suggested format). You will need to enter the information where there are XXX's at the top (the info will be on the eviction notice). When you print it out make sure your printer is set for A4 paper (not Letter size). If you need to add anything to the statement, try to do it so that the text all stays on one page.

 

On the budget sheet you need to write the Claim number on the top left hand corner and Appendix 1 on the top right hand corner. Do the same on any documents you use to prove your income (they will go with the budget sheet).

 

Also affixed is an N244 form, and these are the instructions for completing it:

 

 

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.

 

 

Now assemble as follows:

 

 

N244 - signed

Statement - signed

Budget sheet and proof of income - Appendix 1.

 

 

This forms the pack to take to court tomorrow - you need to take a copy of it all so you have a set to refer to in the hearing. Make sure the pack for court is stapled securely. There will be a fee of £35.00 to pay and you should take the eviction warrant along to show the court counter staff.

 

 

Any questions, just shout.

 

 

Ell

Diverse99 Statement.doc

n244_0400.pdf

[Ell-enn]

OK, let us know when the hearing is.

[Ell-enn]

Yes, certainly mention that - you should start a new bullet point with "I wish to bring to the court's attention that despite the court ordering at the previous hearing in 2008 that the Claimant correct my address to ensure I received all correspondence, this was not done until 6 weeks ago"

(or something along those lines)

[Ell-enn]

Sorry, I forgot to explain the Norgan ruling. This case law allows a judge to consider an order whereby the arrears can be spread over the remaining term of the mortgage (in other words longer than the lender would like ) if necessary.

 

I have affixed a copy of the case. It's for your information only, you don't need to take it to court - the judge will know exactly what the Norgan case is, as it is regularly used in repossession defences.

Cheltenham & Gloucester v Norgan.doc

[Ell-enn]

You should include anything you think is relevant (and true), but be prepared to be able to substantiate anything anything you are relying on - the judge may question why you think he should consider your points.

[Ell-enn]

Hi, let us know what they say. You will have to do something today though if your eviction is set for 4th and you are asking for a circuit judge.

[Ell-enn]

That's great news! well done for being so brave

 

If you keep to the payment arrangement you should be OK at the hearing in September.