Repossession on the 24th March **SUSPENDED**

[gazhodge1981]

Hi all, Just some advice if possible,

 

My mum and dad have a hotel and they have found it hard of late to keep up with some of there bills but they are trying.

They got a letter a few days ago from the court, it was a notice of eviction giving them till the 25th March, They are around 7k behind at the moment. The problem they are finding is that this happend in 2007 when there mortgage company went to court and had a hearing then got a eviction notice but they paid all the arrears in full and the eviction was stopped. All the mortgage company have done this time is apply to the court for the notice of eviction again on the order that was paid in full back in 2007. Can they do this??

With them being behind at the moment my dad is waiting for a payout which is due anytime now but not certain if it will be before the 25th. his payout will more than cover the amount outstanding but everytime he speaks to someone no one seems to know what is going on. He has been speaking to the mortgage company every few days, when he got this letter the other day the office he has been speaking to didnt know anything about it.

any help and advice would be great if possible.

Many thanks in advance.

[bake]

hi have just ad the same problem as your mum ad dad , i payed all my monies owed, but aparently they can , you can aply to get this removed, but what i would do is send them in wrighting that he due a payout and and the amount he will pay and which day , they may refuse but keep this letter get a form from your local court N244 to suspend this this eviction, i would think that if your dad whent in to court with proof of this payment he would have no problem , i had to somthing like this not to long a go and they were ok , they will not give the house back if you can pay , ps you realy needto get the N244 in as soon as then take in to court they will then send to the other side , he will then have a chance to explain , i think he will be ok i found that he juges are not to happy to give back houses unless they realy have to good luck

[Ell-enn]

Hi Gaz, you need to get an N244 into court asap with supporting evidence of the money your dad is expecting. If you need me to help with the N244 please let me know.

[gazhodge1981]

Hi Ell-enn,

 

Would it be possible to give me an idea of what needs to be put onto the N244 form and where it should go if possible.

 

Thanks for the reply.

[Ell-enn]

Hi Gaz, I can help you with a statement for the N244 and will be on line this evening.

[gazhodge1981]

That would be great, Thanks Ell-enn.

[gazhodge1981]

Can anyone advise me where i can find an example of a n244 and what i should put in it please.

[gazhodge1981]

Right I now have a letter from his solicitor who is looking after his claim which shows he is due to be paid out anytime now and that the amount will not be less than £21,000. The mortgage arrears are £7000. Also my mum has started a new job in February in order to help pay the mortgage and bills, which i have the letters for stating how much she gets paid and so forth.

Is it just a matter of putting all the above onto the N244 form with supporting documents??

Also how much does it cost to have a eviction notice suspended.

[Ell-enn]

Hi there, I have affixed an N244 to this post and will give you the instructions for completing it. I can also help you with a statement for Q10 of the form, but will need some info:

 

Is the mortgage in joint names?

How much can they offer to pay towards the arrears each month until the money is paid out?

 

You will also need to do a budget sheet to go with the N244 to show the judge that they will be able to afford the monthly payments once the arrears are paid off - I have affixed one to this post - it calculates automatically as you enter the figures.

 

It will cost £35 when you take the application to the court and it will need to be in cash.

 

As soon as you answer the above I will start to draft the statement. Do you have a printer there?

Budget Sheet.xls

n244_0400.pdf

[gazhodge1981]

Thanks Ell-enn, I will find out the information now and post asap.

Yes i have a printer here.

The mortgage is joint names.

The mortgage is a business mortgage.

As the budget sheet is a personnel sheet could i add an extra sheet to show what the hotel is due to take in the next 3 months or so?

I would think they could pay £300-£500 a month to pay off the arrears.

Edited March 8, 2011 by gazhodge1981

[Ell-enn]

OK, I just have to go and do something and will be back shortly.

[Ell-enn]

Do you mean 300 - 500 on top of the normal monthly payment ?

What is the payout for - is it insurance ?

[gazhodge1981]

My dad was injured around 2 and a half years ago and is now not really able to work. he is waiting for his compensation claim to be now paid out which is due anytime now. His solicitor has given him a letter which states he is due anytime now and that it will be not less than £21000 in loss of earning plus damages.

They have done well to keep things going but it's been a long out of season for them. My mum has now got a full time job to help pay the mortgage.

By what they have told me they would be looking to pay around £300 on top of there £1500 mortgage payment, so £1800 a month.

[Ell-enn]

Affixed is the statement to go with the the N244.You need to fill in the info where there are XXX's at the top (info will be on eviction notice)and also in the body of the statement where the names should be (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 letter from the solicitor regarding the payout - 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(s), except it will be Appendix 2.

The instructions for completing the rest of the form are:

 

 

1. 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 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 - signed

Statement - signed

Solicitor's letter - Appendix 1

Budget Sheet(s)- Appendix 2

 

 

This forms the pack to take to court. Make sure it is stapled securely together. You will need to take a photocopy of it all for yourselves so you have a set to refer to in the hearing. When you take it to the court you will need to pay a fee of £35.00 and it will need to be in cash. The court staff should be able to give you a date for the hearing while you are there - also ask them if there will be any free legal advisors on duty on the day of your hearing.

Gazhodg1981 N244 statement.doc

[gazhodge1981]

Thank you Ell-enn,

 

For all your help and finger crossed.

Will keep you posted.

[Ell-enn]

Let us know when the hearing is. Who's the lender?

[gazhodge1981]

will do and the lender is Commercial first.

[gazhodge1981]

Right been straight up to court today and put the application in.

The hearing is on Wednesday 16th March at 15:00pm.

[gazhodge1981]

With there big day in court on Wednesday do they need to take anything else with them other than the paperwork that has been put in???

Will the other side be at the hearing??

[Ell-enn]

Hi, there should be a representative for the other side at the hearing (usually from a local solicitor's office). They should get to the court early and ask if there are any duty legal reps there (lots of courts have them on repossession hearing days), if there are your parents should approach them - they can accompany them into the hearing and support the case.

[gazhodge1981]

I have spoken to the court today and they have told me that there will be a legal rep but they are only able to speak to people who are at the first stage (hearing) and not to have a suspension

So far i have put a legal pack together which includes the court form and supporting documents, The administration act 1970 (sections 5 and 7) and the CPR pre action protocol that they should look to follow.

Is there anything else i should look to include and what should they expect to happen??

[gazhodge1981]

At court today the judge has suspended the Eviction notice and accepted the payment offered.

I have been told that he looked as if he didn't really care that much but a good result which is what matters

Thanks Ell-enn for your help

[Ell-enn]

Great news - well done

[bake]

well done, bake