Abbey - not looking good

[Ell-enn]

Hi there, what is the date of the possession hearing?

 

I assume you have received papers from your local court and the N11M defence form ? If the hearing is not until after the New Year then we have plenty of time to get a defence together.

 

Ell

[Ell-enn]

OK, don't fill out anything on line - you need to fill the form in and hand it in to the court. We can do a statement to go with the N11M defence form, I'll get back to you after the weekend and we can work on the form.

[Ell-enn]

You are ok for time - the court will accept your defence a week before the hearing. We just need to decide exactly what you are going to ask the judge to consider then I can draft your statement.

[Ell-enn]

Thanks very much for getting back to me on this and for your help. It is a relief to know there is more time. I can think of a few things to ask the judge to consider - should I PM you?

 

If there are things of a sensitive nature then you can pm, otherwise it's ok on this thread

[Ell-enn]

Hi there, how much is the normal monthly payment and how much are the DWP paying ? - do you have any documents showing the DWP payments ?

Do you have estate agent documents proving the house is for sale?

 

we will need photocopies of all the above to go with the defence forms.

 

Also, if you have any proof you are unable to work due to medical reasons (could you get a letter from your doctor?) that would be useful too.

 

There is some case law we can use to ask the judge to consider reduced payments until the property is sold - if you can answer my questions above I can finalise the statement.

[Ell-enn]

OK, I can now finalise your statement.

 

You will need to take copies of the following documents, on the top left hand corner of each one you need to write the Claim Number (if will be on the court papers)

 

Death certificate - on top right hand corner write Appendix 1

proof of ESA & doctors letter - on top right hand corner write Appendix 2

DWP contribution letter - on top right hand corner write Appendix 3

Estate Agents documents - on top right hand corner write Appendix 4

 

These will all be affixed to the N11M defence form together with the statement I am drafting.

 

Are you OK with the rest of the form? or do you need help with filling it in?

 

Ell

[Ell-enn]

OK, affixed is the statement which needs to go with the defence form. You will need to fill in the info at the top where there are XXX's (remove the xxx's) - you will get the info from the court papers. Also you need to fill in dates where I have put brackets in some paragraphs of the statement and also XX's - make sure you read it carefully to ensure all is OK. When you print out the statement, make sure the printer is set for A4 paper (not Letter size) so it all stays on one page.

Massamum.doc

[Ell-enn]

To be honest you don't need to fill in the N11M form, the statement and appendices tell the whole story (the court will accept this OK), the only thing you could add is a budget sheet to reflect your income and expenditure. I have affixed the one we normally use - it calculates automatically as you fill it in so you can adjust the figures until you get them right then just save it to your PC and print it off - label it Appendix 2 and it can go with the ESA document.

 

When you have got everything together, you need to assemble as follows:

 

Statement - signed

Appendix 1 - death certificate

Appendix 2 - ESA, budget sheet and doctor's letter

Appendix 3 - DWP contribution letter

Appendix 4 - Estate agents documents

 

This now forms your pack for court - you need to ensure it is securely bound together, it may be too thick to staple so you might have to get a thin folder with a grip in the centre. Try and hand it in to the court on Monday if possible - while you are there ask if there are any free legal advisors in attendance on the day of your hearing - a lot of courts have them nowadays and they can accompany you into the hearing and speak on your behalf.

[Ell-enn]

You don't hand in the N11M defence form at all, most of the questions on it aren't relevant to your situation-

 

just hand in the statement I drafted and all the appendices, that's all that's required.

[Ell-enn]

Sorry, it didn't affix last time

Budget Sheet.xls

[Ell-enn]

Hi, did you hand the paperwork into the court ?

[Ell-enn]

I did thank you Ell, all delivered and just waiting for the big day now - though not particularly looking forward to it.

 

It's understandable that you will be anxious about the hearing, but do try to stay positive. There's no point in me telling you not to think about it - that would be impossible given the situation, but you could try and think about how you will feel when the ordeal is over with

[Ell-enn]

Hi Massamum - I'm so sorry you didn't get longer to sell the house - is there no way you can sell it through an estate agent?, it's heartbreaking to think you have to sell at a low price. I wish there was more we could have done, but without an offer to pay off at least a little of the arrears each month it was always going to be difficult.

[Ell-enn]

Are you sure you're tied into this deal? - I don't thing any house sale is cut and dried until the last minute - and it's a hell of a lot of equity to lose. Go to a solicitor (you can get a free hour's advice at most firms) and ask them to check the paperwork for this. I know you have a lot on your plate, but please don't lose all that equity without exploring other options.

[Ell-enn]

Hi there, I'm so sorry to hear how you were treated by these people. However, please try not to take the bad experience with you when you move on to what should be a new start for you. You did what you thought was best at the time and put your trust in those who let you down.

 

I like to believe in karma - people like that should suffer themselves at some point for what they did.

 

I hope you can find peace in your new home and can put all the troubles you have had behind you.

 

Ellx