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tigger72

received notice of evition for 26th august......i'd be so grateful for any advice

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I came home from work this afternoon to a hand delivered notice of eviction letter for 26th august. This is for a secured loan from kensington, total amount outstanding £8080.72. Stupidly I have put my head in the sand and not paid any of the payments since last march, due to amount of debts and stress. I have spoken to kensington today and I have offered to pay £500 per month (usual amount is £292.50), they have been through an income/expenditure with me on the phone and I have to send off my last 6 months bank statements tomorrow for them to decide whether to accept my offer.

 

Does anybody have any experience of similar situations, what may happen next if they will accept the offer and what I can do, I have 3 children and am worried sick.

 

Thanks in advance

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I'm sorry, i'm no expert on this but will bump so that someone may see it and respond

Good luck


I QUESTION THEREFORE I AM!! [sIGPIC][/sIGPIC]

 

Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you! :p

 

 

I have been smoke-free for 4yrs

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thanks callumsgran, can anybody help please?

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To this day, I have never sent Kensington bank statements - they will claim it's part of their decision making process but do not agree to send them. They're trying to use bully tactics to circumvent a court hearing - don't let them.

 

You need to fill in an N244 as soon as humanly possible (no later than tomorrow) and take it to the county courts to get a hearing date. The submission will cost you £35 and be sure to ask the clerk if the court can provide free representation for the hearing (they did this for me). Also, get in touch with your local Citizens Advice Bureau today as they can help you get together a defence and speak to Kensington on your behalf (CAB hold a lot of sway with the courts and you want to have them fighting for you).

 

You can download an N244 to fill out and print from your PC here. The CAB can help you fill this out - it's fairly straight forward but Section 10 will require a statement from yourself. Ell-enn may be able to help you with all of this (she works wonders, she really does)

 

You'll also need to create a budget to prove that your repayment proposal is affordable for the Judge to consider. I have attached a budget sheet for you to do this if you have not done so already.

 

Hopefully Ell-enn will be around soon to offer you her help. You'll need to act fast on all of this though but don't worry too much. Facing something like this is difficult but be assured we're all here to help and that the courts are generally sympathetic. Repossession is an absolute last resort and if you can clearly show the Judge that you can afford the repayments you've proposed, you will not lose your home. Stay positive!

Budget Sheet.xls

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thanks so much for your quick reply, i have tried phoning the cab but i cant get to speak to anybody, i will fill in the n244 form my problem is i am working 7am-9pm tomorrow and 7am-4 on friday and worried i wont be able to get to the court. Is there any point in contacting kensington again do you think?

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Hi there, I can help you with the N244 - Q 10 is the most important part. Would you be able to get to the court on Monday morning first thing - if you can do that you should be able to get an emergency hearing before the 26th.

 

I'm at work at the moment, but will be back on line tonight.

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Thankyou so much ell-enn, was thinking of posting the n244 tomorrow (registered next day) so they receive it on friday, do you think that would be ok? as I should be at my mums caravan with her from saturday to monday.

 

I will speak to you later, many thanks again

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The problem with posting it is that the court may post back to you the date of the hearing. You would need to ring the court on Friday or Monday to find out when the hearing is. I can help you later this evening with the N244.


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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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thanks callumsgran, can anybody help please?

You're welcome, hope you get this sorted soon

Good luck again


I QUESTION THEREFORE I AM!! [sIGPIC][/sIGPIC]

 

Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you! :p

 

 

I have been smoke-free for 4yrs

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

 

I have also affixed an N244 form and will give you the instructions for filling it in shortly.

 

Need to know-

is the mortgage in joint names?

are there any children living in the property?

How much are you able to pay in addition to the normal monthly payment?

 

when you have answered the above I will draft a statement for Q.10 of the form.

 

Ell

Budget Sheet.xls

n244_0400.pdf


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hi el-enn, firstly thankyou for helping me. I have the budget and n244 form thankyou, the secured loan is in my name (as is my mortgage, I bought the house before i met this second husband) i live with my husband, 19 year old daughter, 13 year old son, 3 year old daughter and my step son (12) stays with us every other weekend. So I have 2 dependent children, looking at the budget form I can afford to pay an extra £150 per month, however after speaking to Kensington, they want me to pay an extra £200 per month but they still want bank statements so they can decide if they will accept the repayment offer? don't know whether i should still deal with them or wait for the court.

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el-enn, my husband is saying i need to reiterate the fact that if we lose our home then we lose our jobs, i am a childrens nurse and he works as a principal engineer for G4S if that helps, i'm sure you are experienced in these matters (certainly reading your posts that is the case) not sure if that helps anything in the Q.10

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Hi there, are you counting your husband's income on the budget sheet? What was the reason for missing the paymnents (the judge will want to know). Why will you lose your jobs if you lose the house? this will be a good point to mention on the N244


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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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the reason for missing the payments was due to a car accident i had last january, i was off work for 4 months and suffered with stress, had lots of bills to pay and stupidly paid them instead of this loan (and stuck my head in the sand and hoped it would go away), my husband's income is on the form, he works from home sometimes so if we didnt have one this would affect his work. I'm still suffering from stress (obviously, this certainly isn't helping) though i havent any prove ie. not consulted the gp etc.

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Hi there, affixed is the statement for Q.10 of the N244. You need to enter the info at the top where there are xxx's (remove the xxx's). When you print out the statement make sure your printer is set for A4 paper (not letter size), so it all fits on one page.

 

On the budget sheet - write the claim number on the top left hand corner and Appendix 1 on the top right hand corner.

 

These are the instructions for completing the rest of the form:

 

 

 

1. Your names

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.

 

When you have completed the form you need to staple the statement and budget sheet to it. You will need to send a £35 postal order with it - you can't send a cheque as they will wait for it to clear before giving a hearing date and you don't have time for that. Take a photocopy of it all for yourself so you have a set to refer to in the hearing.

 

You will need to phone the court on Friday to find out when the hearing is.

 

Any questions, just shout.

 

Ell

Tigger 72 N244 statement.doc

Edited by Ell-enn
forgot something

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thankyou so much, as everyone else says you are fantastic, from your experience do you think things will work out ok in this case, i'm so worried, i can't eat (which isnt a bad thing), cant sleep which isnt good when i have to work?

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Judges do not want to take people's homes away from them when there is a good chance they can make payments. The only times I've known evictions to be granted are when the defendants have no hope of making payments or have had several eviction hearings. Both you and your husband have jobs, so it is very, very unlikely that you will lose your home. When you phone the court to find out when the hearing is, ask if there are free legal reps in attendance that day - a lot of courts have them nowadays, they can be a great help and can accompany you into the hearing.

 

Stay positive, I'm sure it will be OK


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Thanks so much El-enn, i dont get paid till friday so if I send the postal order then, they wont recieve it till monday, it isn't too late is it seeing as the eviction date is thursday? I can't thank you enough for you help

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You're cutting it a bit fine - you really need to hand deliver the form to the court tomorrow. The court may not process the form straight away if they get it in the post on Monday which means you might not get a hearing till the morning of the eviction (not good for the nerves!!). Is there no way you can get the form to the court tomorrow?


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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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oh hell, i'm working from 7-4 tomorrow so cant get to the court, no the hearing the same day would not be good for the nerves, its my sons birthday on 25th too, dont think a totally stressed out mum will be much fun for him. Can't see what else I can do, my husband is working away in tewkesbury so he cant go and drop it off, he has the forms with him and he was going to post them tomorrow. do you think if i phone the court on monday morning and explain they may process it then for me and give me a date, I am hoping for the tuesday so I dont have to go on my sons birthday and the eviction day would be even worse i think.

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Hallo Tigger72.

 

Please do not delay in this matter.

 

I sympathise completely with your situation.

 

Make sure you personally get the forms to the Court in order to bet a hearing asap.

 

All the very best

 

Gladstanes

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Thankyou everyone for your help, i have a date for the hearing, its for 25th august at 10am, its also my sons birthday, which will be just terrible if I lose my home. I feel absolutely sick, is there anything I need to take or do to prepare please?

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Hi there, make sure you take your copy of the N244 so you can refer to it in the hearing if necessary. Also, when you get to the court ask if there are any free legal advisors there who could come into the hearing with you. Lots of courts have them these days and they can be a great help.


Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Hi Tigger,

 

It might seem daunting but try not to worry too much (easily said from a distance, I know but you will find it easier in court if you can keep calm). I''ve tried to think of a few hints and tips to help out, hope it's of use.

 

Leave plenty of time for your journey and make sure you are there in good time (stating the obvious I know) if anything does go wrong call the court to let them know you are on your way and when you expect to get there. It might be helpful to put the court's number in your phone before you leave just in case.

 

Dress smartly to show respect for the court and the judge but no need to be suited and booted, I just mean ideally not in jeans & trainers.

 

Make sure you sign in with the usher so the court know you are there and will call for you when you're due in court. If you have to pop out for any reason let the usher know.

 

Remember to turn your phone off or on silent before going into the judges chambers or court room, it's fine to have it on in the waiting area.

 

Do see if there is any free representation available at the court, they are most often there on the day(s) aside for possession cases so they may or may not be. The usher should be able to point you in the right direction if they are there.

 

Be courteous to the agent for the opposing side before the hearing if they approach you, they might have a mandate to agree a suspension on terms before you go before the judge but if they indicate they are there to oppose at all costs you don't have to discuss things further with them.

 

If you are before a district judge (when you find your case on the listing it should say who will be hearing it, you can always check with the usher if it's not clear) address them as sir or madam.

 

That's just a few basics which you might already be aware of if you've been to court before.

 

I wish you the best of luck :)

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Thank you for your replies, I'm absolutely dreading it and praying with everything I have for a positive outcome. I am so grateful for all your help and advice on here, I certainly could not have done it without you. Killerschick I have never been to court before and have no idea what to expect, I thankyou for your advice.

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