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Eviction threat for the 2nd time

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Hi there

I have posted this thread in another part of this site and i'm not clever enough to move it here so please bear with me.

 

Last October we managed to get a suspended eviction from the courts agreeing to pay the normal monthly payment plus £75.

 

We had stuck to this arrangement but in the last three months life has been very difficult. We had our own busness which due to a nasty landlord we had to give up, he wanted to increase our rent to such a level that we could not sustain the business.

 

We both then had to find new jobs which as a lot of people can agree has been very difficult. For the last three months my husband has worked for an agency part time, very low wage and I have worked part time as a cleaner. My husband has now managed to find a decent full time job but after starting (on 9th August) was told that they are monthly paid so wont get paid until 10th September. I have also now managed to find full time employment which will start on 20th September ( due to CRB checks), but I also will be monthly paid so wont get paid until the end of October.

 

I asked the mortgage company for help, as we literally had enough for food and not much else we haven't even received any un-employment pay, but got a flat no. I asked for, not sure if these terms are correct, re-capitalization of the arrears or interest only for 6 months to reduce the monthly payments, but agian they have said no. I have now got a new date for eviction of 15th September and wanted to know if we can again fight to have the eviction suspended as now we both have full time employment we will be able to resume the payments. By the way the mortgage company said if we paid 75% of the arrears they will stop the eviction, but if we had it we would have paid it by now.

 

We have unsecured debt which we keep saying we will get sorted but in the true English fashion we hope that things will be allright without doing anything. But my main priority is getting this re-possession stopped can anyone here help us please

 

Thank you in advance for all your help and I do hope I have now posted this in the right place

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Hi there, you most certainly can defend the eviction by entering a N244 at court to ask for a hearing. As you both have new jobs and presumably can now afford the payments, I'm certain the judge will suspend the eviction. Do you both have written confirmation of your new jobs?

 

I can help you with the N244 and draft a statement for Q.10 of the form which is the most important.I have affixed an N244 to this post.

In the meantime you should complete the affixed budget sheet - you need to use your new salaries going forward so the judge can see how you will afford the payments.

Let me know if you need me to help.

Ell

n244_0400.pdf

Budget Sheet.xls


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Thank you ell-enn for your quick reply I have printed off the attachments and will work on them tonight. I have a copy of my contract of employment as i am going to work for a very big company, not sure on my hubby as his type of work doesn't usually come with the uusal offer of employment etc etc but has today received a payslip, although only for 3 weeks as he started mid month so i'll get a copy to attach to my court papers. If you can think of anything else i can get together which will be helpful please let me know

Thanks again

 

Jules

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OK, let me know when you have everything together and we'll make a start on the N244.

Need a bit of info before starting the statement:

Is the mortgage in joint names?

Are there any children living at home?

How much are the arrears?

Do you have an up to date statement of the account showing arrears and any charges they have added?

Who is the lender?


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

 

 

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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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Hi

Yes mortage is in joint names, it is with Mortgage Express. Yes there is one small child (11nonths) living in the house and arrears are about 15k,these built up before the 1st suspension of eviction. I have written to Mortgage express for an up to date statement but not received a reply as yet

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Hi there, got your PM, sorry for delay I've been working late.

 

Affixed is the statement for Q10 of the N244. You need to enter information where there are XXX's, both at the top of the page and also in the first bulleted point. When you print it out make sure your printer is set for A4 paper (not Letter size) so it all stays 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.

 

You need to photocopy your job offer letter and also your husbands payslip, on those copies write the Claim number and Appendix 2.

 

these are the instructions for completing the N244:

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 We 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 your "pack" to take to court:

N244 form

Statement for Q.10

Appendix 1

Appendix 2

Take a copy of it all before stapling securely together so you have a set for yourselves to refer to in court. When you take it to the court there will be a £35 fee - it will have to be cash - if you were to pay by cheque they wouldn't give you a hearing date until the cheque cleared and you don't have time for that. They don't take card payments either.

Any questions, just shout.

 

 

Ell

Grandma Jules N244 statement.doc


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Thanks for your continued help and support, i will go to the courts in the morning and post when our court date will be and then try and not stress about it to much.

But thanks again for the help and support

 

Jules

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Please do let us know when the hearing is and we can run through the procedure. Also, if the statement of account you have asked for from ME comes before the hearing we can write another document to go with it so you can show the judge the charges.

 

Given, that you both now have employment and can afford the payments, I'm sure you will be OK.

Ell


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Have been into court and got my date for monday morning at 10am. I need to go to warrington as my local court can't fit it in till after wednesday which is my eviction date. Any advice on how to speak to judge etc would be gratefully received

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Hi there, you should arrive at the court in plenty of time, make sure you have your copy of the N244 and appendices etc. When you get to court ask if there are any free legal reps on duty that day - if so, approach them and ask for their support. They can accompany you into the hearing and speak on your behalf - lots of courts have them these days and they can be a great help.

 

As this is your application for a hearing, the judge will speak to you first - they are usually very understanding and will know that you are nervous. If you have to address the judge you should say Sir (or Madam). If he/she asks you a question take your time and speak slowly and clearly. The whole process should take no more than 5- 10 minutes, and the hearing is held in a private room with just you, the judge and a rep for the other side - you sit round a table, just like a meeting.

 

The rep for the other side may approach you before the hearing and ask to discuss the case, if you feel intimidated at all just say you would rather wait for the judge to decide.

 

Stay positive, I'm sure it will be OK.


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Hi Ell-enn

I'd like to thank you for your positive words it's been a horrible weekend not got much sleep with the worry. I'll be at the court early in the morning and I hope there is someone there who may be able to help, even with just moral support, while with the judge. If it goes against us will the judge give us the option to stay in the property while we try to sell it ourselves as there is equity in it but if the mortgage company sell the property we wont see any of it!!

I'll let you know how it goes but once again thanks

Jules

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I'm sure it will go ok. But if the judge does not grant a suspension you should say "Sir/madam, please may I have leave to appeal". We can then take the next steps. However, that is NOT going to happen - stay positive, it will soon be over and you will be able to relax again.

 

I'll be thinking about you and look forward to hearing your good news :-)


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YAY eviction was suspended, i'll post full details when i've stopped shaking

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Hi again

I think i have just about stopped shaking now

Thanks to hilaryfrancis for her post much appreciated

The biggest thanks has to go to Ell-enn what a star

 

Got to court nice and early and asked if any free advisors about but no-one was available but the usher did say he would see if he could get some help for me.

I was approached by the solicitor acting for the other side, we went into a private room where she told me she was instructed to oppose my application but she said she would go through it with me. My arguement was that we should pay the arrears over the remaining term of the mortgage ie the Norgan ruling, this needed to be fine tuned as my offer of £75 would not be enough we had to increase it to £93

We went through the budget sheet and found a few things i could put to the judge when this was mentioned, i now have to cancel my sky but it's a small price to pay

I felt a little better as although the solicitor was against me she did in fact try to help me

While we were waiting to go into chambers the usher brought a rep from the CAB to see me and we all had a quick chat and tried to reassure me, but he had to be elsewhere so couldn't come in with me.

We were called to chambers 45 mins late and I was in there 5 mins at most, the judge did give some pretty good advice and said we need to get our unsecured lending sorted, she actually advised me to move banks to another institution who we dont have a loan with as although they are up to date they have the right to dip into account if we miss payments

 

So once again the biggest thank you to Ell-enn what can I say a true hero and as soon as I get my first wages i will make a donation to this forum, after paying morgage of course!!

 

Thanks

 

Jules

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Fantastic news ! and well done for being so brave :oops: Hope you can now relax in your home

Also, good luck in your new job.

 

(told you it would be ok :wink:)


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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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I am also in a similar situation and would like some help, not sure how to post a thread?? Thanks

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Hi there, click here http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?197-Home-Repossessions

half way down the page there is a +Post New Thread button - click that and start your thread. I'll watch out for it.


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

 

 

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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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