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Help with eviction notice please


blackkhorse
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Hi all, I have an eviction notice from Future Mortgages for 23rd November. They have now sold the mortgage to Engage/ Oakwood and I have been in touch with them. I offered to make a regular payment plus an extra amount on top and they seem to be dragging with the eviction date getting closer. I really dont know how to get about it and it seems most companies on the internet pretend to be able to help whilst all they want is to buy your property at a discounted rate. How do I fill the N244? AND WHAT ARE MY CHANCES?

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Hi there, can you give some background please -

 

Did you attend the original possession hearing?

 

How much are the arrears and how much can you afford to pay towards the arrears each month?

 

Do you have any children living in the property?

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Thanks Ell-enn. I owe apprpx £10,500 and have made only 2 payments in the last 12 months. My payments were £850 month but have now gone down to £350 monthly and I can cofortably afford to repay the mortgage now plus an extra £100 a month. I have been trying to make arrangements with the previous lender but to no avail and they were only applying some delaying tactics. When I made contact with the current lender, they told me that the file is marked that I was not making contact with them. The current lender is playing ignorance as to the existence of the eviction notice and they are saying their solicitors are awaiting files to be transfered from the other lender's solicitors. I did attend the initial hearing that was adjourned but did not attend the follow up when repossession order was given. T he lender gave me the impression that the repossession was just a procedure but should be fine if I come to an arrangement. I do have a 4 year old nephew and her mom staying with me due to a job lose.

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Hi, you will need to send in a budget sheet with the N244 and I have affixed the one we use in these cases - it calculates automatically when you enter the figures. When filling it in remember that the £100 you are offering towards the arrears is what is left over after everything else has been accounted for.

 

 

What was the reason for the arrears? (the judge will want to know)

Does the amount you owe include arrears charges ?

Is the mortgage in your name only?

 

Are you able to print documents at home?

 

I have also affixed an N244 form and will give you instructions for completing later. I will also draft a statement for Q.10 of the form but I am away from tomorrow for a couple of days and it will be Sunday evening before I can let you have that - however, if you can get the N244 to the court on Monday that should be ok.

Budget Sheet.xls

n244_0400.pdf

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Hi, can you answer the questions in post 8 please. Don't fill in the N244 yet - fill in the budget sheet first.

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Sorry Ellen-enn, I had to rust to work. Yes the mortgage is in my name only and yes I am able to print documents at home. I dont think the arrears include charges at all. I have had this mortgage for 5 years and for the first 4 yrs I never missed a payment. I started to struggle when my work hours were drastically reduced and I lost my bonus and commision payments and eventually my job. At the same time a family member who is not entitled to public funds lost their job and I had to help them until we decided to move them in. Its been a tough year but things are moving into place now. I now have a new job ( which pays much less than the previous one) but I have made the neccessary adjustments now to move forward. My repayments are now less than half of what I WAS PAYING PREVIOUSLY.

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OK that's fine - I'll get your statement drafted for Q.10 of the N244 and will post on here Sunday evening - are you able to take the form to court on Monday?

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Hi, statement affixed. You will need to enter the info where there are XXX's at the top (remove the XX's) the info you need will be on the eviction notice. When you print it out make sure your printer is set for A4 paper (not letter size).

 

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 N244 form:

 

 

1. Your name

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.

 

 

Now assemble as follows:

 

 

N244 form, signed

Statement, signed

Budget Sheet - Appendix 1

 

 

This forms your pack to take to court. Make sure it is stapled securely together before you hand it in, but you will need to take a photocopy of it all for yourself so you have a set to refer to in the hearing. There will be a fee of £35 to pay and you will need to pay in cash - if you try to pay by cheque the court will wait until the cheque clears before giving you a hearing date and you don't have time for that, you need a hearing this week.

 

 

Any questions, just shout.

Blackhorse N244 statement Nov 10.doc

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Ell-enn are you back? lol

 

yep:-)

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Thanks so much Ell-enn. Is it not neccessary to include the fact that my mortgage payments have substantially reduced from £850 to £360 a month. I also had loads of missed calls from the mortgage company on Friday and was wondering if I should enter into negotiations with them or should just leave it to the courts. They also sent a field agent to my house and there was no one to talk to him.

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The judge will see from your budget sheet how much your mortgage payment is.

 

You need to find out if Future have charged you for the field agent (usually do!) and you could find that £100-`150 has been added to your account. As you did not ask for the visit you need to write to them to demand the charge is removed.

 

No harm in contacting them to see if they will negotiate but I suspect they only tell you they were ringing to see if you were able to pay off all the arrears in which case they would cancel the eviction.

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Hi, the mortgage company is the Claimant and you are the defendant.

 

I have affixed an example of the budget sheet - the amount offered towards the arrears is the amount circled in red (amount left over in Step 3 and amount offered in Step 4).

Budget Sheet.xls

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Thanks so much Ell-enn nearly there. I do have a secured loan on the house and was checking where to put it on the budget sheet?

 

Hi, in Step 1 on the line under Mortgage Payment there is "Rent" remove Rent and put in Secured Loan.

 

Any other loans and credit cards can be put at the bootom of that list on the lines which say "Other"

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When you have done the budget sheet please refer back to Post 15 on page one of the thread for all the instructions before taking the paperwork to the court

Help us to keep on helping

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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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