Eviction Advice

[Ell-enn]

NS has just spelled out what I've been trying to tell you

[Ell-enn]

What did you offer to pay in the N244 you have already submitted to court ?

[rockyboy]

Hi, I didn't put down an amount in the N244.

 

Also I just wanted to mention that I'm worried of over comitting because of the possible raise in iterest rates that might happen because of this inlfation problems right now, our variable rate currently is still 4.9% (whcih I think is a disgrace seeing as NR was state ownded but that's another discussion I guess) so if there is any rise I'm sure NR will be passing it on straight away!

[rockyboy]

Also I should mention that my mum is staying with me at the moment, she moved back to Poland a few years ago but has been over for a few months as she has been diagnosed with some form of blood disorder which she is having tests for and so needs to be in the country for while, this is also why its really important for me to keep the flat at the moment as I don't know where she would stay if we get evicted.

 

Thanks

[Ell-enn]

Are you saying there was no offer of payment on the N244?? and those people were really going to charge £995 - unbelievable!

 

You'll definitely have to offer something and submit the budget sheet. I'll do a statement for you over the weekend and you'll just have to hand it to the judge in the hearing but I have to say I'm not hopeful of you getting away with not paying the surplus income.

[rockyboy]

Hi, thanks Ell-enn, appreciate it!

 

I am happy to pay the extra £1K toward arrears like in the original requirement, I would be able to pay a bit once I start recieving my pay rise but i won't actually see the extra money until May as it takes time for the agency to pay me and then myself a dividend.

 

If you need any more info just let us know.

 

Thanks again!

[rockyboy]

Sorry just another quick question, we can probably afford to pay £1700 on monday morning for this month payment, do you think its worth doing that or should we wait to see what the outcome is, its just that if the hearing goes against us I would need the money to find somewhere temporary at short notice.

Also if we do get evicted do you know if we would be able to move our furniture at later point.

 

Thanks!

[Ell-enn]

You should take proof that you have £1,700 ready to pay immediately. You will also need a copy of the contract and a payslip.

 

If the worst does happen you can ask the judge for time to move out - he might give another 7 days.

[rockyboy]

Will do, thanks!!!

[Ell-enn]

I'll post up your statement shortly - nearly finished - you do have a printer at home ?

 

Can you also confirm you have the following:

 

Copy of your employment contract

Payslip

Budget sheet completed

[Ell-enn]

 

The proposal I have sent to NR is a payment this month of £7500 and monthly payments of £4K – 5K each month moving forward.

 

You stated you had offered NR the above payment plan - if you put that offer in writing you can bet their solicitor will bring it to court and the judge will want to know why you are only offering £1k now. I really think you are going to struggle with this.

[rockyboy]

Hi, thanks again! Yes I have a copy of my new contract, just received it on Thur, its actually for a further 12 months, I just noticed! I have all copies of payments from the agency ready.

 

When I first received the intent of eviction on 20th Nov I rang them up straight away and was told that I would have to offer a huge lump sump and substantial monthly payments for to even consider stopping eviction. I wasn't aware of the Norgan case law and the 13.3.2 FSA rules at that time so I panicked and offered these silly amounts just to do anything to keep the flat, I was going to use the money I have set aside for tax to pay this and worry about paying my taxes later but I don't think that would be good idea.

 

The thing is from the agency I get paid approx £5800 a month but I have to pay tax and NI from that at the end of my companies tax year so I have to set aside an estimate to cover that, so far I've been setting aside £1800 but to be honest I don't think that is actaully enough, I should really be setting aside £2300 just in case which would reduce the surplus slightly.

[Ell-enn]

Hi, I've written a statement for you to take to court. You will have to decide how much you are going to offer to pay each month and put the figure in where there are XXX's in the statement.

 

You need to fill in the info where there are other XXX's in the statement (remove the XXX;s) read through it carefully to make sure everything is OK. When you print it out, your printer needs to be set for A4 paper (not Letter size) so it all stays on one page.

 

On the copy of your contract write the Claim number on the top left hand corner and Appendix 1 on the top left hand corner.

Do the same on the budget sheet except it will be Appendix 2 and also on the proof of being able to pay £1700 - it will be Appendix 3

 

 

Now assemble as follows:

Statement - signedContract Appendix 1

Budget Sheet - Appendix 2

Proof of funds available - Appendix 3

 

This forms the set to take to court. Staple it all securely together, you will need three copies of the set - one for the judge, one for yourselves and one for the other side's rep.

 

Get to the court early and ask the usher if they can give a set to the judge to read before the hearing - if they say it's too late you will need to hand it to him in the hearing. When in the hearing, wait for the judge to finish his intro then say " Sir(or Madam) may I give you an up to date statement" and then just hand it over - pass a set to the other side's rep at the same time.

Rockyboy statement.doc

[rockyboy]

Thanks for all your help and advice Ell-enn, much appreciae all your efforts! I will amend the statement as instructed and just pray and hope the judge is in a good mood! I intend offer £1500 extra a month on top of the mortgage.

 

Can I just ask do you think I should request the duty solicitor to represent me in the hearing, assuming they are available?

 

Thanks!

[Ell-enn]

Yes, definitely ask the duty solicitor for support. Let us know what happens - good luck.