Help with N244 please

[Sla66]

Hello, I have just received an eviction date of October 19th. I agreed to pay an extra £300 on top of the normal mortgage payment and was given a suspended possession order. I have been able to make these payments albeit a little late sometimes. I have in the past been 4 months behind but have always come good and got the payments up-to-date. The joys of self employment!.

I am now 3 months behind in mortgage payments. We are self employed and had received an order from a Dept for Transport agency who then had their budget taken due to government cuts. We have corresponded continuously with our mortgage company but they then said they were not prepared to wait any longer.

The total is £5,880. I am able to make a payment of £500 today and £500 on Friday and £900 next week. This will bring it back to 2 months behind. I am completing the N244 and taking it to the court today.

I have laid out the details of this contract and asking the court if we can pay the outstanding payments over the next 6 months.

I am collecting evidence this morning to go along with the N244 of orders I have received for a completed product to show income is starting to come in again but I will not be able to get all the evidence until later today, probably after the court office closes.

The mortgage is in joint names, we have a daughter who attends the local primary school and out business is based at our home.

Should I submit the N244 and take the evidence along to the hearing or wait until I get all the evidence together first?

Any help much appreciated.

[Sla66]

I have decided to ensure completeness of the N244 incase evidence on the day is not admissible? So I am completing the document tonight and taking to the Court tomorrow morning. Any advice would be really useful. I have explained in the notes why payments have been late and what we are doing about it to ensure made on time in future.

 

As the income is dependent on the business and not the same each month I have not completed an income expenditure?

[citizenB]

I will flag your thread for the attention of the site team.

[Sla66]

Thank you very much

[rebel11]

Hi sla

 

Are there any other factors that a court should consider, i.e. Does any member of your family have a disability or serious illness? If there are children who live at home etc.

[Sla66]

Have a child of 10 who lives at home and goes to local school.

[Sla66]

I have evidence to show products were ordered by Dept for Transport and ANO govt agency and then they cancelled due to new government cuts.....

[rebel11]

Hi sla

 

Both of those facts are important, they need to go on the N244. Expand a bit more then you have here, i.e. all your childs friends live locally etc. Take as much evidence as possible, it will help your cause.

Are you o.k. filling in the form, like what goes where?

[Ell-enn]

Hi there, have you completed a budget sheet to go with the N244? In case you haven't I have affixed one to this post. Given your arrears are £5k isn't £300 per month a lot to offer given your business situation ?

What have you put in Q10 of the form (witness statement) - there is case law you can ask the judge to consider (Cheltenham & Gloucester v Norgan), which gives him the power to order that the arrears may be paid over a long period of time. If you need help with the statement please let me know and I will draft one for you.

Budget Sheet.xls

[rebel11]

Thanks Ell-enn.

[Sla66]

I have seen some of your witness statements and used the C&G quote! Our situation is quite complex so I have put together a word document for Q10. If I could email you that would be great.

 

We offered £300 extra to get the suspended order about 18 months ago . We have more or less stuck to that but have been late a lot but always cleared it in the end.

 

I just thought at this crucial stage we should offer to pay it the two months outstanding payments in 6 months or the judge would not accept our proposal and go ahead with the eviction?

[Sla66]

I have evidence in the form of the reneged order, a history of fax communication with the mortgage company, recent sales orders, evidence of making £500 payment today and the remittance advice of the payment on Friday for £500 and the cancelled order from Dept for Transport which has caused us the grief.

Thanks for your help!

[Ell-enn]

Hi there, I'll gladly take a look - you can send it to [email protected]

[Sla66]

Thank you SO much. On it's way...

[Ell-enn]

Not got it yet...

[Sla66]

Just sent now thank you.

[Sla66]

Sorry didn't answer one of your questions....I have seen earlier posts of yours with regard to what goes where and assume it's the same. i.e. District, 15 mins. Just not quite sure what to put on Q3 for this.

[Ell-enn]

Hi, I've read the statement and replied to your email

[Sla66]

Thank you so much for all your help. Really valuable advice.

[Ell-enn]

Sorry didn't answer one of your questions....I have seen earlier posts of yours with regard to what goes where and assume it's the same. i.e. District, 15 mins. Just not quite sure what to put on Q3 for this.

 

Q.3 = suspension of eviction.

[Sla66]

I've amended the statement as per your comments. Thanks again for all your help.

[rebel11]

Good luck, I think it will be fine.

[Sla66]

Thank you so much.

[Sla66]

Thanks Ell-enn, the judge more than halved our offer and suspended eviction. Not sure if they would be the same if we hit uncertain times again though so fingers crossed we won't. Brilliant help, thanks.

[Ell-enn]

That's great news - well done !