eviction letter received - please help - desperate

[n00nie]

Help me!

I have a mortgage on a property i live in with my new partner. There is no equity.

The mortgage is with my ex.

Normal mortgage payment is around £757 (interest only).

I've had problem after problem with the mortgage. The arrears currently stand at alittle over £9k, £10k including their fees.

Due to losing a major contract with my business 2 years ago i fell into arrears. I went through reposession proceedings and made an arrangement. Arrangement fell through. Mortgage company offered to capitalise the arrears which was sorted. I then lost my job and mortgage company went through reposession proceedings again, I made an arrangement I couldn't keep to, to keep the wolves from the door.

I've finally got a permanent job now and rang them about a week ago to make arrangements for my first payday on 27th jan. They told me they could do no arrangement, until i'd made a payment which i can't until the 27th of jan.

 

that brings me to this morning - i've received a letter from GE Money saying they have requested an appointment to take posession of your property. You will be advised by the court of this date in due course.

 

I can afford to pay my mortgage now (at payday and onwards) and some towards the arrears.

Mortgage company has told me they won't accept anything other than full arrears + fees.

 

How can I stop this from happening???

 

I've called in sick to work to deal with this. I'm panicking!!

 

Thanks

 

me

[newstarter]

Hi there sorry to read about this situation your in but you have come to the right place.So G.E Money are going to the court for an eviction order are they? well first thing is try to stop panicking about this we can help you.We really need the eviction order to come through first but there.s a lot you can be doing in the mean time.First off i would be checking and checking again for charges added to your account.In fact being as there is some arrears history i would be sending a subject access request to G.E to look at how they have handled the account from day 1,i suspect that you may uncover more charges added if you look back.Secondly take no notice of G.E and their threats,thirdly you need to look at your finances and offer what you can afford when you go to court rather than what G.E want to hear,in other words dont over commit yourself,there,s plenty of time yet and we will be here to help you but you can start now by doing the above.Another point,that 757 seems high for intrest only especially if it tracks the base rate,can you post up some details of the mortgage itself,dont worry too much your going to be fine and you will get the help you need from this forum.

[newstarter]

P.S remember you have only just started this job,dont go offering more than you can afford out of sheer panic,you will need to sit down and work out all your income and expenditure carefully as you cannot keep going back to court through being over optomistic when calculating repayments,we will help you with this,dont worry it will be fine.

[n00nie]

Thanks so much for replying

Mortgage is around £220k. House value is probably in the region of £160k

interest rate tracks the baserate, it is currently at 4.31% (i think)

Spoke to GE money they've said they'll accept a lump sum payment before they consider anything else.

They said I should receive the eviction letter from the court this week from their solicitor. I'm trying to get through to the court to see if the date is already been received, but it's engaged.

Can I apply to the court before they've applied for eviction or do I have to wait?

What do I say in my application, just that i've got another job and can afford X amount?

Me

[newstarter]

Your doing the right thing checking with the court to see if the notice has come through,but you really need to wait before we can N244.Dont go trying to put together a lump sum whatever you do,we are better off letting the judge set the amount not them,dont worry about the defence statement yet till you get the order.The 4.31% would be G.E,s standard variable rate,i would get that checked out if i were you,dont worry you will have a couple of weeks yet before the eviction date,do as above and when it drops through your letterbox we will get the paperwork sorted out

[Ell-enn]

Hi there, when the eviction notice comes you need to enter an N244 at court (I can help you with a statement to go with it). You will also need to send in a budget sheet with the form - I have affixed the one we normally use - it calculates automatically as you fill it in. The amount you offer to pay towards the arrears should be the amount left over after everything else has been accounted for (In Step 3 - the difference between your income and outgoings).

 

Also, do you have statements showing charges added to your account? and do you have confirmation of your new job & salary?

 

Try not to worry too much - now you have an income and can pay towards the arrears I'm sure the judge will not allow eviction to go ahead.

[n00nie]

Hi Ell-enn,

 

Thank you for replying. I've now had the date, it is the 7th of February.

 

I've done a budget and can afford my mortgage payment + £100. My mortgage payment is due on 29th January, should I make the extra payment then? Will that look in my favour as I've not made a payment for a year and if it goes before a judge would it look better to have that payment sorted?

 

I do some self employed work in the evenings and weekends, and I should have my payslip shortly for my full time job. The total of these two incomes is what i've budgeted.

 

What is the process? Is the eviction stopped then a hearing, or how does it happen? Will the solictors for my lender need to attend?

 

I couldn't see where to download the budget sheet though, and can I download an N244? I've no idea what to do!

 

Thanks

[n00nie]

Will I have to evidence my earnings? Only concern is that part of my earnings is self employed, so I've just taken an average of what I earn. Will the fact that I have paid one payment help if I pay the full payment + £100 on due date?

 

Thanks

[newstarter]

Hi its been a while,yes if you can make the payment plus a 100 off the arrears then do it,it will look better on your part at the hearing,dont worry ellen will be along to help you with the budget sheet and statement,theres time yet to get everything done so try not to worry too much.

[Ell-enn]

You will need to apply to the court on a N244 form to get a hearing before a judge to stop the eviction and you must attend the hearing. You need to get the form to court this week really in order to get a hearing well before the eviction date.

I can help you with the N244 submission but will need a little more info.

 

Does your new partner contribute to the household income?

Do you have any children living in the property?

When did you split with you ex? was it the same time your business folded?

 

What sort of budget sheet have you used? was it the one from this site?

 

Ell

[n00nie]

Hi,

 

Thanks for your help. My ex and I split up in march 08, I lost my main contract with the council at around the same time. Since then I have been in and out of temporary work to keep the food on the table

 

My new partner does contribute, by paying for the car loan and day to day household expenses from her part time work, but mostly we keep our finances seperate.

 

Cheers!

 

We have three kids living at home, 6,4 and 1.

 

You will need to apply to the court on a N244 form to get a hearing before a judge to stop the eviction and you must attend the hearing. You need to get the form to court this week really in order to get a hearing well before the eviction date.

I can help you with the N244 submission but will need a little more info.

 

Does your new partner contribute to the household income?

Do you have any children living in the property?

When did you split with you ex? was it the same time your business folded?

 

What sort of budget sheet have you used? was it the one from this site?

 

Ell

[n00nie]

Sorry, I didn't answer all your questions. I didn't use the budget one from this site, but I've found the one from this site now on another thread so will fill it out tonight.

Should I send it to you to check if its ok?

 

Can I also download the N244?

 

Thanks, so much, I'd be lost without you guys!

[Ell-enn]

I have affixed the N244 to this post and will give you the instructions for completing it later together with a statement to go with Q.10 of the form. Do you have confirmation of your new job ?

 

When filling in the budget sheet you need to ensure that the £100 you are offering to pay towards the arrears is the amount left over after everything else has been accounted for (Step 3 of the budget sheet - difference between your income and outgoings).

 

I will get back to you this evening when I get home.

n244_0400.pdf

[elzerbeth]

if you click on the n244 which is in bold you will be taken to court form link then you can download from there

[n00nie]

when you say confirmation what do you mean? I started earlier this month. I am sure I can ask my boss to confirm my permanent position and salary on a council letterhead if necessary? Would that do?

 

Thank you

 

I have affixed the N244 to this post and will give you the instructions for completing it later together with a statement to go with Q.10 of the form. Do you have confirmation of your new job ?

 

When filling in the budget sheet you need to ensure that the £100 you are offering to pay towards the arrears is the amount left over after everything else has been accounted for (Step 3 of the budget sheet - difference between your income and outgoings).

 

I will get back to you this evening when I get home.

[Ell-enn]

Did you get a letter offering you the job?

[n00nie]

Yes, I do. I think it may have been an email though as I was already temping for the council and it was quite informal.

[Ell-enn]

If you've got that and a payslip they would help to support your case.

[n00nie]

I've just had a call from the Mortgage company who has said the eviction date is actually the 4th of Feb at 4.15pm, yet I'm sure my letter says 7th at 12.15. I've just called the court and they've said it is the 4th as well. I'm at work now so will go home and find out in my lunch break, this is quite worrying.

 

I've done my budget, I'm going to aim to get the N244 in tomorrow, so will work on it this afternoon.

 

Ell-enn, I'm sure you are super busy, but is there any possibility you can help me explain things that will sway the judge?

 

Also, on the budget sheet should I include my partners income (she's not on the mortgage) or leave her off and leave off the bills she pays?

 

Thank you

 

Ben

[newstarter]

Hi,

 

well for starters you have a new perminent job (make sure you take proof)

 

you also work self employed in the evenings

 

you have a partner who contributes to the household bills

 

you can pay towards clearing the arrears 100 per month

 

you also have 3 children

 

and i also suspect there may be charges somewhere you may be able to claim back

 

To answer your question,yes i would include your partners income on the i+e sheet.

[newstarter]

P.S i wouldnt worry too much about the date being earlier than you thought,lets see the fourth is next Fridayn so if you get the application in before the end of this week you will be fine.

[n00nie]

Hi Newstarter,

 

Thank you for the reassurance, it's really appreciated. It's my pay day tomorrow so I'm going to make the payment to them tomorrow, so at least i've proven I can make the first payment!

 

The mortgage co are horrible, I told them I was going to make the payment and they say "well we won't refuse the money but you do know this won't stop the eviction". I explained that was up to the court, and they said, "well what will your position be if you can't stop the eviction". I explained that I didn't have a magical pot of money, but did want to stay in my home.

 

Ben

[n00nie]

Yeah the date isn't a big issue, I just hope the bailiffs don't turn up tomorrow morning or anything, that would be horrible!

[n00nie]

Budget Sheet.xlsHere's my budget sheet - can you have a look and see what you think? Is it realistic?

I've got to firm up some of the exact balances, so will go through my paperwork tonight.

[Ell-enn]

Your budget sheet looks fine. I will draft a statement this evening to go with the N244 if you get it to the court by the end of this week it will be ok.