Eviction Notice Received for 4 April - PLEASE HELP - Verry Worried! **EVICTION STOPPED**

[ims21]

Hi

 

I have received an eviction notice for 4 April and I really need some help in completion of the Budeget Sheet and form N244.

 

My wife is employed and I am a sales agent although my income has now steadied after a very tough period and a chequered history with paying the mortgage. We are now in a position where we can easily afford the monthly payment and some towards the arrears and although I have tried to talk to the mortgage company and get them to accept an offer based on our improved circumstances they say that they would want a substantial lump sum before they would consider a payment plan and that from their point of view they will be continuing with the eviction. If I had a substantial lump sum, I wouldn't be in this position at all. I have in the past asked them the structure the arrears such that they are paid off over the remaining period of the mortgage (220 months) but they are not interested.

 

I am also confused as to the arrears amount as opposed to charges as I don't fully understand what is classed as arrears and what are charges on their statement balance.

 

I am really worried because a have a 16 year old child here as well.

 

I am also due to start a new job at the end of April which will also boost the family income further.

 

I am finding it very difficult to sleep due to the worry of all this and want to get some sanity back in my life and, of course, retain my family home.

 

I really need some help and advice and I am able to either post here or PM documents if anyone can help me out with the process as I don't want to go blundering in and make things worse.

 

Please, please help if you can.

 

Thank you

[rebel11]

Hi ims

 

The guys will advise as soon as they are available.

[Ell-enn]

Hi there, I can help you with the N244 etc. How many months in arrears are you? Do you have a recent statement showing arrears charges on your account?

 

Who is the lender?

[ims21]

Hi Ell-En

 

Thank you so much for helping me out with this.

 

It is difficult to say how many months are in arrears as this has been going on for some time.....a suspended possession order was granted about 5 years ago. Since then we have reached various agreements with the company but always felt bullied into agreeing something we perhaps could not maintain. Consequently the payments have been erratic. It may be of interest that the arrears balance peaked at about £23,000 and was actually coming down before they took this eviction step.

 

The Company is GE Money.

 

The latest statement is dated 7 March and shows what they call a totl arrears balance of £21,263. Their detailed sheet has a column called "arrears" and the figure appearing there at the end os the £21,263. Below that column they have said that Interest Bearing charges are £3,479 and Additional interest is £4,151 and then "Payments made against these charges and additional interest" £584.

 

Do you want to know the original advance amount?

 

There is equity on the property of approximately £85,000

 

Please let me know what other information you need

 

Many Thanks again

[Ell-enn]

Hi there, the first thing you need to do is fill in a budget sheet to go with the N244 as the judge will want to see how you will afford the payments. I have affixed the budget sheet we normally use - it calculates automatically as you fill it in.

 

You will also need a statement to go with the N244 and I can draft that for you. Is the mortgage in joint names?

Budget Sheet.xls

[ims21]

Hi

 

Yes the mortgage is in joint names.

 

Budget sheet will be done by the morning.

[Ell-enn]

ok, I'll catch up with you in the morning.

[ims21]

Hi Ell-enn

 

I have completed a draft of the budget sheet. Can I get it reviewed and an opinion. Do I post it here or send it to you by PM?

 

Thanks

[ims21]

Hi

 

I have receive a letter this morning from the mortgage company saying that to avoid the eviction I must pay them £28,350 which is the arears plus the costs. The letter asks me to call them to discuss my intentions. If I had £28k I wouldn't be in this position anyway.

 

I can make them an offer of usual instalments plus extras based on my budget statement but having spoken to them on the phone about this already, they are not interested and want to proceed with the eviction.

 

Strange though that the last telephone conversation I had with them they said they would accept £18k and now have upped it to £28k. (Still don't have £18k stashed away).

 

What to do now please?

 

Thank you

[Ell-enn]

Hi, sorry for delay - I am at work and have a lot of meetings today. I will get back toyou as soon as I can.

[ims21]

I also have a question about the charges on the account.

 

I have read elsewhere in the forums about claiming these charges back. Is this an option in this case and is it something to be brought to the judge's attention that there may be unfair/unlawful charges included here.

 

Thanks

[Ell-enn]

Hi, we will definitely mention the charges issue in your N244 application and you should certainly start the process of claiming back any charges applied to the account. I will make a start on drafting a statement for your N244. If you can get the N244 to the court either Friday or Monday you will be able to get a hearing next week.

 

I have affixed an N244 form to this post and will give you the instructions for completing it when I have finished the statement to go with it.

 

You can send the budget sheet to me at [email protected]

n244_0400.pdf

[ims21]

Hi there

 

I have e-mailed the budget sheet to you.

 

Thank you

[ims21]

Hi Ell-enn

 

Have sent budget sheet to you. Is it OK?

 

What do I do next?

 

I only have one week left until it all ends.

 

Thank you

[dehowletts]

Hi ims21

 

Ell-enn will get back to you cos she's a star - so try not to panic I'm in almost the exact same situation but my dates the 5th and she's helping me too and goodness knows how many others so is probs a tad swamped!!

 

I really do know how you feel (I'm seriously beginning to doubt my own sanity :crazy:and my family probs hate me at the mo cos I'd imagine I'm not nice to live with)

 

Just thought I'd gatecrash your thread to give you some re-assurance

[dehowletts]

Hi ims21

 

Ell-enn will get back to you cos she's a star - so try not to panic I'm in almost the exact same situation but my dates the 5th and she's helping me too and goodness knows how many others so is probs a tad swamped!!

 

I really do know how you feel (I'm seriously beginning to doubt my own sanity :crazy:and my family probs hate me at the mo cos I'd imagine I'm not nice to live with)

 

Just thought I'd gatecrash your thread to give you some re-assurance

[Ell-enn]

Hi there, sorry for delay - I have been out all day. I sent you a reply to your email re the budget sheet - did you get it?

 

Ell

[Ell-enn]

Affixed is the statement to go with the the N244.You need to fill in the info where there are 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 budget sheet write the Claim number on the top left hand corner and Appendix 1 on the top right hand corner.

 

These are the instructions for completing the rest of the N244:

 

1. Name

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

 

1. Sign and cross out all options except Applicant
   
2. Sign and cross out all options except Applicant. Enter your address and contact details.
   

Now assemble as follows:

N244 - signed

Statement - signed

Budget Sheet Appendix 1

 

 

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. Ask the court staff if there will be any free legal advisors on duty on the day of your hearing.

 

 

You need to hand deliver it to the court tomorrow morning so you get a hearing in the next few days.

Ims21 N244 statement.doc

[ims21]

Hi there

 

Thank you for your support dehowletts. Hope everything turns out alright for you as well. This is driving me nuts.

 

Hi Ell-Enn

 

Thank you for your help, I didn't get the e-mail reply to the budget sheet I e-mailed to you but have read through the statement you have kindly drafted for me.

 

Just a couple of things.....do I need to mention that my wife's self employment ceased at the end last year due to a £3k bad debt. Seeing what the implication may have been, she immediately took on a full time employed position which would ensure regular income?

 

Also, do I need to mention that I have secured a second position starting at the end of April/beginning of May which will supplement my income as well?

 

Do I mention that we can make our first proposed payment of instalment + £200 on 31st March i.e. Thursday this week.

 

Finally, what are my chances of being successful with this application....I really want to get an idea of whether the judge will look favoutrably on it?

 

I propose to get this down to the court Tuesday morning as soon as they open.

 

Thank you for all your help.

[Ell-enn]

Hi there, I will resend the email regarding the budget sheet to you. Can you PM the email address I should use - I replied to the one that the email came from.

 

If you have proof of your new position starting at the end of April, then yes, you could include that as a second appendix. I can re draft the statment to include that when I get home tonight. We can also include the ending of your wife's self employment and the taking up of a regular position. Are you self employed in your regular job?

[ims21]

Hi Ell-Enn

 

Thank you for your time on this. Will PM you another e-mail address when I have finished this post.

 

With regard to my new position, I have e-mail correspondence saying that they are looking forward to having me on board. This will be a self employed position that I can fot around my regular job and will certainly increase the income.

 

With my regular job I am classed as self employed but I have an agence agreement which makes it more formal than just a standard self employed thing. I get regular work from the company and thankfully the work has increased and so has the income.

 

Would I be wise to pay the instalment plus my suggested extra on 31st March or should I wait and let the Judge decide what happens?

 

Do you think this is a case which will be looked on favourably by the Judge.....I just can't lose our home!

 

Thanks again for your help.

[Ell-enn]

Hi, it would help your case if you could make a payment in line with your proposal on 31st March, this would show the judge that you are committed to the arrangement. When you do make the payment, make sure you have proof i.e. print out of bank transaction - you can then take that along to the court with you to show the judge.

 

Judges don't take people's homes away if they have an income which allows them to make monthly payments and a contribution towards the arrears.

[ims21]

Hi Ell-Enn

 

Have just sent budget sheet to you

 

Thanks

[Ell-enn]

OK, got it and replied

[ims21]

Thanks Ell-Enn

 

Nearly there I guess