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

[Ell-enn]

Hi, amended statement affixed. Make sure you read it through and replace all the xxx's with the relevant info.

 

Then follow the instructions I wrote in post 18 (page 1 of the thread).

Ims21 N244 statement.doc

[ims21]

Thank you so much Ell-enn.

 

I'll get this down to the court first thing in the morning.

 

I'll post up the outcome.

 

All the best

[Ell-enn]

OK, let us know what date your hearing is and we can run through the process. The court staff should give you a date when you hand in the form. Don't forget you need to take the £35.00 fee in cash.

[ims21]

Hi

 

Been to the court office this morning and got a date for a hearing on 31st March. I asked of there was free legal advice available and the lady said no. I'll ask again when I turn up for the hearing.

 

What is the process for these hearings please? Is it in open court or is it just with the Judge? Is it only me or will the other side attend?

 

Thank you for any advice on how to proceed through this hearing.

 

Regards

[ims21]

Hi all

 

Further to my post no 29 ( i'd still like some advice on that if I can please), I have been preparing for the hearing tomorrow and have dug out some statements.

 

I had mentioned previously that the arrears had peaked at a higher figure than is being used as the basis for the eviction and I have a mortgage statement covering a period of 7 months from 2010 where it clearly shows the arrears balance has reduced by some £2,950.

 

Is it appropriate to mention this and show it to the Judge to confirm that I do take this matter seriously and have indeed been able to reduce the arrears in the past and that there is now printed evidence to prove it?

 

Thank you

[ims21]

Hi

 

I know there are others who need help but if I could just have a quick answer to my posts 29 & 30 I'll feel a lot more prepared for my hearing in the morning.

 

Many thanks

[Ell-enn]

Apologies for the delay, I was busy at work today and then there were problems accessing the site earlier this evening.

 

You should arrive at the court in plenty of time and check if there are any duty legals who might assist you . Sometimes the representative for the other side will ask to speak to you, it is up to you whether you do or not. If you do, and you feel intimidated at any time, just end the conversation by saying you would rather wait for the judge to decide.

 

The hearing will take place in a private room with just the judge, you and a representative from the other side. It is usually conducted around a table, like a meeting. The public are not admitted. The judge will know that you are nervous and they are usually very good at guiding you through the process. If you have to address the judge it should be Sir or Madam – and don't interrupt them when they are speaking!. The whole procedure should take no more than 5 or 10 minutes.

Are you able to make the payment you mentioned in post 21 before you go to the hearing and print off the proof from your bank transactions? that would help your case.

It would also help to take the statement showing the arrears have been reduced.

You would need three copies of each of these, one for the judge, one for the other side and one for yourselves to refer to in the hearing.

 

As this is your application the judge will address you first - when he/she has finished speaking you should say "Sir/Madam, may I give you these documents, one is proof of the first payment in line with our proposal, and the other is a statement showing the arrears figure differs from that the Claimant pleads", then hand them over and at the same time hand a set to the rep from the other side.

 

Stay positive

[ims21]

Hi

 

Thanks Ell-enn

 

I am going to make the payment first thing by Debit Card and I will get the name of the person I speak to and the transaction number so I can present this to the court. I don't have the account sort code and number to be able to do it online.

 

If this case goes against me, is there any course of appeal I can take? I'm so nervous now that this is imminent and I am so worried that the Judge will side with the lender and we will lose our home.

 

Thanks

[Ell-enn]

If by some chance the judge does not order in your favour (very unlikely), you should say "Sir/Madam, may I have leave to appeal). You then go to the court counter and ask for an N161 appellants form. This means you will apply for a hearing at a higher level with a circuit judge. I'm sure you won't have to do that

[ims21]

Hi

 

Just got back from the court. The Judge accepted our proposals and has set the amount to be paid at an instalment + the extra we suggested on a monthly basis. They said a review in 3 months but if all is going well then no attendance will be required.

 

Our home is now safe on this basis.....what a relief!!!

 

Thank you so much for the support we have recieved through this forum and a HUGE THANK YOU to Ell-enn who has been an absolute star in guiding me through this process....I am SO grateful to you for giving up your time to help.

 

I am going to stay with this forum so that I can share my experiences with others which may in some small way help to make the process less stressful for them.

 

Now that I can relax a bit, I'm off to investigate the charges on the account and see of I can get those back such as failed direct debit fees, admin charges at £40 a time etc. etc.

 

Thank you so much once again

 

Best to all and Never Give Up!

[slgsue]

Well Done x

[Ell-enn]

Excellent! Well Done

[ims21]

Hi

 

Just wanted to get some more advice on my situation if I may.

 

We previously got an eviction suspended for three months with the judge saying to pay a monthly instalment plus £x for the next three months and then go back and see him after then.

 

The review hearing is Friday 22nd July.

 

We paid the monthly instalment plus £x extra plus a bit more in April. We paid the monthly instalment plus £x extra in May.

 

The payment at the end of June we could not make due to my self employed income not coming in....waiting for people to pay and a bad debt. I have today paid into my account sufficient to cover that payment plus the £x extra for June and to cover the payment plus £x at the end of July.

 

The cheque I have paid in today will not clear until Monday 25th and I can make a payment on-line then. I can print off my statement from the bank to show that I have paid these funds in. They are from a reliable source and there is no danger of them bouncing.

 

What is the best way of explaining this to the Judge on Friday to hopefully ensure that we can get another extension of, say three months with a review after that.

 

To save reading back, there are two of us and our 17 year old daughter here.

 

Although we have had papers to attend the hearing (timed for 10mins), is it likely that the other side will attend for this one?

 

Thanks in advance.

 

ims

[ims21]

bump

[Ell-enn]

Hi there, you should take along a statement in the same style as the one which you presented at the previous hearing (3 copies of everything). Affix proof of the payments you made in April and May and also proof of funds you will have available to bring payments up to date on 25th. You will obviously have to explain to the judge (and write in your statement), the reason for missing the June payment.

 

It would be unusual for the other side not to be represented at the hearing. Have you had any letters from them regarding the missed June payment ?

[ims21]

Hi there, you should take along a statement in the same style as the one which you presented at the previous hearing (3 copies of everything). Affix proof of the payments you made in April and May and also proof of funds you will have available to bring payments up to date on 25th. You will obviously have to explain to the judge (and write in your statement), the reason for missing the June payment.

 

OK for that....

 

It would be unusual for the other side not to be represented at the hearing. Have you had any letters from them regarding the missed June payment ?

 

Only their standard monthly arrears statement...nothing else

 

I have noticed that some payments we have made in the past have been allocated to the charges section of the statement. These charges aren't included in the arrears figure but I thought that payments should be set against arrears first, before any charges were addressed. It says "payments allocated against these charges £xxx". Is this something I should bring up at this point and query at the hearing or is it best not to rock the boat at this stage?

 

Is there a good chance of getting another extension from teh judge?

 

Regards

 

ims

[Ell-enn]

I should certainly include in your statement that you are puzzled by the fact that some of the money you are paying towards reducing the arrears is being allocated to "charges" and therefore your attempts to reduce the arrears are being frustrated - affix a photocopy of the arrears statement.

[ims21]

Excellent...thanks Ell.

 

In some strange way I was thinking that maybe the Judge would say something to the effect that Mr ims appears, over a period, to have had some payments allocated to charges and the quantum of those payments amounts to nearly a month's mortgage payment. Maybe even get the lender to allocate that money to the arrears. Consequently Mr ims is only X months in arrears and not Y months as claimed.

 

Maybe my way of thinking is too "out there".

 

I'm confident in a lot of things but not when it comes to repossession matters hence the questions.

 

Just need a confidence kick that I can still save the family home with the circumstances I've described.

 

Many thanks for your continued help Ell.

 

Regards

 

ims

[Ell-enn]

If you need help with the statment please let me know

[ims21]

If you need help with the statment please let me know

 

Thanks Ell.

 

I'll have a go and post it up later.

 

Just one thing, Mrs ims is away for a work conference at the mo....as the hearing is tomorrow can I just sign this statement myself?

 

Regards

 

ims

[ims21]

Hi Ell

 

I've had a go at the statement.....do you want me to post it up or e-mail it to you?

 

Can I sign it only at mrs ims is away on business at the mo.

 

Regards

 

ims

[Ell-enn]

You can post it up or email it - your choice If Mrs ims is away then you can sign and just explain why.

[ims21]

Hi Ell

 

Have e-mailed it as it has some sensitive date info in it.

 

I quite like the term "Mrs ims".....I wonder if she will?

 

Regards

 

ims

[Ell-enn]

OK, got it. Made a few changes and suggestions and emailed back to you.

[ims21]

Hi Ell

 

Got it .... thanks so much for your continued help and support.

 

I'll update after the hearing

 

Regards

 

ims