Eviction order for 17th jan

[jok1979]

I didn't pay it due to them saying that I was to be evicted either way, if there was hope of staying I would of made it but thought that there was no chance so would need it towards the cost of finding somewhere new to live.

I have completed the budget sheet.

[Ell-enn]

OK, are you still in a position to make the 2 missed payments? This would help your case enormously if you could pay it before the hearing.

[jok1979]

Unfortunately not, we wasted it trying to get legal advice and loans to help the situation.

[jok1979]

If you don't think we have a chance without making the payments we may be able to sell our car to raise the amount for the 2 payments.

[Ell-enn]

Hmm, the judge is going to want to know why it wasn't paid. I'll leave that part out of the statement, but if he asks you'll need to have a good answer.

 

In the meantime, these are the instructions for completing the rest of the N244. I'll post the statement for Q.10 shortly.

 

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 The Applicant Believes

 

11. Sign and cross out all options except Applicant

Sign and cross out all options except Applicant.

Enter your address and contact details.

[newstarter]

180 does seem a lot for 2,356 arrears,i would knock the 80 off if i were you and just pay 100 per month extra,im sure a judge would be fine with that and you would have an extra 80 pounds in the coffers for emergencies,180 is too much

[Ell-enn]

If the car is needed for transport to work then selling it wouldn't really help. Is it on finance?

 

Affixed is the statement for Q.10 of the form. You will need to enter the info at the top where there are XXX's (remove the xxx's) and also put your name where there are xxx's in the first and second bullet points. When you print out the statement 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.

 

Now assemble as follows:

 

N244, signed

Statement, signed

Budget sheet - Appendix 1

 

This forms the pack to hand in to court - make sure you staple it securely. You will need to take a copy of it all for yourselves so you have a set to refer to in the hearing. You will need to pay a fee of £35 when you take it into the court and they should be ble to give you a date for the hearing while you are there.

Jok N244 statement.doc

[jok1979]

Thanks very much for all your help.

Just a few questions if anybody could answer, going by previous similar cases what are the chances the eviction notice will be cancelled.

If it is not cancelled does that mean I no longer have the right to clear the arrears in full to stop the eviction. Thanks.

[slgsue]

All being well your eviction notice will be suspended under the condition you comply with the judges ruling and make your payments as stated under the order. Should worse come to the worse and you are able to pay the arrears in full you can stop the eviction provided it is paid before the date and time stated on the notice, but if this did happen make damn sure you have proof of the payment, lenders are sneaky and will try anything. Just a question, how would you be raising the funds, would it be borrowing from friends/relatives? The reason I ask is when I made a lump sum payment to stop an eviction, a friend lent me the money but they (Capstone) wouldnt accept it if it was a "loan" of any description, I of course bent the truth (a lot lol). To be honest in hindsight I wish I had let a judge decide my fate, I am still paying my friends back and bless them they are great if money is tight (much nicer than a lender) but we do have a contract and at the same time, this didnt help as the arrangement I made with the **** was ridiculous and put me in a position where we ended up in court again. This time I let the judge decide with a lot of help from Ell-en, was successful and now on top of paying my loan back to my friend am paying extra on my mortgage to clear my arrears. What I am trying to say in a very long winded way is be very careful and think before you leap into anything drastic.

[jok1979]

If the judge didn't suspend it I would be madly selling goods and asking family members, I pray it does not come to that. I am just really concerned, coping with depression and can't sleep. It really is horrible.

[Ell-enn]

Hi there, I understand what a stressful time this is for you, but given your arrears are not a great amount (in comparison to some cases), your offer of £100 extra per month is very reasonable and I'm confident the judge will be happy with that.

 

Try to stay positive - let us know when you have a date for the hearing and we can go through the process.

[jok1979]

Sorry I haven't been on for the last few days. My internet access is limited.

The hearing is 10am tomorrow. I would be grateful of any advice on what to do/say, what will happen.

Also I'm a little bit worried about what I will say if the judge asks if I can pay the last 2 payments.

Thanks very much for all your help so far.

[Ell-enn]

What was the reason for non payment?

[jok1979]

We were stupid and tried to get a loan so we could pay off the arrears and paid a fee to a broker. We also had some bank charges and the bank took a payment from our account as we are behind on a credit card with them, we did not know they could just take the money from our account.

We have now moved our account to a different bank who we hold no financial products with and have agreements in place for our unsecured debts.

Had Platform of let us pay the payments on 2nd Dec when I called them we would have had it. The only reason I didn't pay then was because they told me the eviction would still go ahead so I did not see the point.

[slgsue]

I won't lie to you its not a nice place to be, but when you go into see the judge its almost like a meeting sat around a table with mr/mrs judge at the head of it. Go smartly dressed, this will show the judge you are serious in getting this matter resolved and address as sir/madam. When you arrive you will see someone to say that you are there and more than likely there solicitor will pay you a visit. Stay firm in your decisions and dont let them bully you into anything.

Explain calmly to the judge that you had been advised by the lender that regardless of whether you made the last payment the eviction would go ahead so subsequently didnt make the payment as you were preparing to have to move home. (If this is not a good idea, can someone please correct me )

[Ell-enn]

The only downside with saying you were preparing to move home might be that it gives the judge the idea you are resigned to eviction and may have found somewhere else to go.

 

With any luck the judge won't ask but you might be better to say that you panicked and paid a fee to a broker to try and re-finance, but it didn't go through (not exactly the truth, but not a lie either). You should also say that they refused to take payment over the phone.

[jok1979]

Thanks for this.

Will I need to speak in detail ie say that we will stick this, we have gone through everything, cancelled anything which is not a priority (ie mobiles), we can afford this and will stick to the agreement. I have also have an interview tomorrow afternoon and three next week.

If the judge does not cancel the eviction are we able to ask him/her if we can have an extra month to find alternative accommodation or try and raise the funds to clear the arrears.

[slgsue]

I have been in that position a few times now and have never really had to say a lot, just answered the questions, at my last and fingers crossed final hearing the judge was lovely but did tell me rather sternly that I must stick to this and 7 months down the road it all seems to be going well again. Good luck, just try and be as calm as possible and listen to what is being said.

[jok1979]

Does anybody know if there is a duty solicitor or somebody who can come in with me as I am quite nervous.

[Ell-enn]

Hi, ask the court usher when you get there if there are any legal advisors, they will point you in their direction if they are there.

 

Please try to stay positive. If the solicitor for the other side approaches you in the waiting room you are not under any obligation to talk to them -you can simply say that you would rather let the judge decide.

 

The judge will know you are nervous, but remember not to interrupt him/her. As this is your application the judge will speak to you first and explain what the procedure is. The whole process will only take 5 - 10 minutes so it will soon be over and you will be ok

[jok1979]

Thank you once again. I know I should try to stay positive It's just hard.

Hopefully it all goes well as does my interview and the dreaded 2010 will be all behind me with a new start in 2011.

[jok1979]

I've just realised I've made a mistake on the statement. Where it asks to take into account the C&G v Norgan I've overtyped with our details (ahhhh). This has already been handed into the court, can I re-print and give the new one to the judge tomorrow?

[jok1979]

Just back from court - eviction cancelled (yeyy!!!)

 

I was a nervous wreck this morning and at the court whilst waiting but there really was no need. When I arrived the solicitor acting on behalf of Platform asked if I wanted a quick word. I had I had nothing I needed to say, she was very nice and just said she had been advised by them to oppose it.

 

When we got into court the judge was very nice and pointed out to her although we had missed payments since the suspended order the arrears had come down by £500.

He asked about the payment date change to which she sent letters were sent in May, August and October advising the payment date was 25th so I had 3 chances to call and query why it had not been changed to the 1st. I said I didn't ask for the payment to be changed until late October so that was not the case. She also said the client had listened to the call I made on 26th oct and there was no mention of the request to change payment date. I told her that's because it was a different call a few days after which I requested this.

 

The judge did say my budget seemed quite tight but he was happy to accept it and wished my luck in my interviews next week.

 

he advised payments to start in Feb (1st) and Platform cannot change the date it will be due Feb 25th and they will just have payment 24 days early.

 

I am so happy right now I can't believe it. A big thanks to everybody on here who helped out if I hadn't found this website I would never have gone today and would have lost my home on Monday! A special thanks to Ell-enn!

 

Now time for a fresh start to 2011 and to find a new job and start living!

[slgsue]

Fantastic news for you!!!! Hope your interviews go well and so long as you make your payments early there is nothing more they can do and they hate it!!!

[Ell-enn]

That's brilliant news - well done for being so brave! Hope you can relax and enjoy your home - best wishes for your new start to 2011!

 

(told you it would be ok:wink:)