Eviction date 18th jan

[earlgrey1975]

Hi

 

Just wondering if anyone can be of help with regards to a statement to take to court to try and get the reposession stopped on the 18th.

 

Just a few details the mortgage is with northern rock and is currently £5500 in arrears.

 

The original suspened possesion order was issued in april 2009 and northern rock have attempted 2 eviction so far but both have been cancelled sue to lump sums being paid. The 2 previous arrears were due to unemployment.

 

However in august my eldest son was taken very seriously ill which resulted in him being hospitalised in intensive care for 4 months and myself and my wife where at the hospital 24/7 to be with him as he got very upset when left alone.

 

This left us without either salary for the 4 month he was in hospital.

 

He is now thankfully out of hospital and we are both back at work and i will be paid as normal on the 20th so can recommence payments.

 

In addition to this in march this year i will receive £5000 pounds from my pension scheme to clear the arrears.

 

There are 2 dependant children living at the property.

 

So far i have the following supporting information

 

A detailed rundown of all treatment received by my son from his consultant

A letter from my employer confirming my unpaid leave from work

A letter from my wifes employers confirming her unpaid leave

The confirmation from the pension scheme detailing the amount i will receive and when

A fully filled budget sheet which allows me to pay £400 towards the arrears however the whole arrears will be paid by the end of march

 

Just need a little help on how to put this all into a statement for the court

 

Thanks in advance

[Ell-enn]

Is the eviction due on 18th January or is it a hearing on 18th?

 

either way - we need to work quickly so if you could reply asap we can get to work

[earlgrey1975]

The eviction date is the 18th @ 12.00pm its taken so long to assemble all the info as i wanted to get as much as possible

[Ell-enn]

OK, you'll need to get a N244 form to the court today and hop you can get an emergency hearing tomorrow. I have affixed an N244 form to this post and will start to draft a statement to go with Q.10 of the form.

 

these are the instructions for completing the rest of the form:

 

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 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

Let me know when you have done this and we'll move to the next step.

n244_e.pdf

[earlgrey1975]

Ive already filled in the N244 so im good to go with the statement now

[Ell-enn]

Statement for Q.10 affixed. You need to fill in the info at the top where there are xxx’s (remove the xx’s) the info will be on eviction notice. Also in the second bullet point where there are xx’s for your name. 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 each of these documents below - write the Claim number on the top left hand corner of each one and the Appendix number on the top right hand corner.

– Appendix 1 - A detailed rundown of all treatment received by my son from his consultant

– Appendix 2 - A letter from my employer confirming my unpaid leave from work

– Appendix 3 - A letter from my wifes employers confirming her unpaid leave

– Appendix 4 - A fully filled budget sheet which allows me to pay £400 towards the arrears

– Appendix 5 - The confirmation from the pension scheme detailing the amount

Assemble as follows:

N244 form - signed

Statement – signed

Appendices 1 – 5

This forms the pack to take to court – make sure that you staple it all securely together (or bind in a folder if the pages are too thick to be stapled) –you will need to take a copy of it all for yourself so you have a set to refer to in court.

When you hand it in to court you will have to pay a fee of £35 and it will need to be cash (they won’t accept a cheque at this late stage and they don’t take credit or debit cards). You need to get it to the court asap today preferably before 2pm.

Any questions, just shout.

 

Earlgrey1975 N244 statement.doc

[earlgrey1975]

Many thanks ill assemble all as stated and be of to the court.

[earlgrey1975]

Court date is the 17th @09:55

 

Finger crossed till then

[Ell-enn]

I'm confident you will be ok but please do let us know how it goes.

[earlgrey1975]

Im thinking that tonight will be a sleepless night

[newstarter]

Try not to worry too much,by the way being as there is some history of arrears have you looked to see if your lender has added charges to your account?,it might be worth going over the paperwork you have from N.R to find out if there are some unfair charges which you may be able to claim back.Good luck for tommorrow by the way:-)

[earlgrey1975]

Yes im going to look at claiming back anything i can but first things first

 

• Eviction stopped
  
• Maintain payments for a few months after clearing arrears
  
• Go back to court to get the suspended possesion order lifted
  

Well thats the plan.....

[newstarter]

Yes whatever you do dont forget to apply to get the order lifted after say 6 months of regular payments because they can keep going straight for an eviction if ever you have trouble in the future.Many think that the order just expires after the arrears is paid but as you most likely know it doesn,t,good luck anyway,just a final point let us know the outcome sometime tommorrow if you can,regards N.S

[Ell-enn]

I'm sure you will be nervous this evening, but do try to get some sleep and stay positive - I'm confident you will be back on here tomorrow giving us good news

[earlgrey1975]

Good news eviction suspened

 

Judge was very nice and i feel a little bit sorry for the solicitor NR sent as the judge was less than amused when they contested my payment plan

 

Many thanks to you all

[Ell-enn]

Excellent news- well done!

 

(told you it would be ok )

 

 

I love it when judges show their displeasure with lenders - what did he say?

[earlgrey1975]

She said that it was a ridicilous waste of the courts time having to discuss a proposal that paid of the arrears in just over 3 months.

 

Also mentioned that NR and Eversheds spend too much time ticking boxes and not enough time listening.

 

All i can say is god help the last person on her list if shes like this after 2 cases

[newstarter]

Great news well done

[ukaviator]

Great news, let's hope more Judges see sense....

 

Well done...