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

[Ell-enn]

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.

[Ell-enn]

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.

[Ell-enn]

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

[Ell-enn]

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

[Ell-enn]

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 August 18, 2010 by Ell-enn
forgot something

[Ell-enn]

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

[Ell-enn]

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?

[Ell-enn]

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.