Help & Advise Needed ** EVICTION SUSPENDED**

[jase75]

Please help,

I have been told we are getting evicted on the 19/4/11

we have made offers to repay the arreas but they are refusing to accpept.

Can they do this?

[Ell-enn]

Hi there, before we can advise what to do, can you give a bit more detail please?

 

How many months in arrears?

I assume you have a suspended possession order before this?

Are you able to now make monthly payments plus something towards the arrears each month?

What was the reason for the arrears?

Who is the mortgage company?

[jase75]

Hi thank you for your reply, we are at present £5051 in arrears that includes March payment of £641, these arrears are from when I had to put my own company into liquidation due to non payment. Yes you are cottect in thinking we had a suspended possession order, which we had tried to keep to, however as I was in process of starting a new company the payments were sometimes erratic, but we always tried to pay something. We are now in the position to pay monthly payment, plus some towards arrears, the mortgage company is Paratus (GMAC RFC), we had spoke to them on the telephone, they asked for an expenditure sheet, proof of income, child benefit & our proposal, which we sent to them, we offered to pay our monthly installment of £641 plus £100 towards arrears, they had said it may be possible to go onto interest only making our monthly payment approx £430, if they had accepted our proposal we told them we would still pay £741 each month we were on interest only to clear arrears quicker.

 

After doing all that they asked, they told us senior management would not accept & the eviction would take place, myself & my wife are extremely concerned now, more for our children than us.

 

Any help or advice you could give to us would be greatly appreciated.

[Ell-enn]

Hi there, how old are your children? is the mortgate in joint names ?

 

Do you have anything in writing from them suggesting that they may consider going to interest only?

 

Have you received an eviction notice ?

 

We can enter an N244 at court to ask for a hearing to get the eviction stopped and we can help you with that.

 

GMAC are usually quite good to deal with so I'm surprised they haven't given you another chance.

[jase75]

We have 2 children 16 & 13, yes the mortgage is in joint names, no I have nothing in writing concerning interest only & the eviction notive has been received date set for 19 April 2011, GMAC had been ok with us in the past, we had however sent income & expenditure forms in 3 times so we could change to interest only but they said they were never received, so the last one I sent went recorded delivery.

 

What is a N244? How would the eviction be stopped?

[Ell-enn]

If you enter an application (N244 form - I can let you have one of those) at court, you will get a hearing in front of a judge to get the eviction stopped and I can help you with the defence statement for that. Your arrears are not a large sum in reality and if you are able to show the judge that you can make your monthly payments and a bit towards the arrears each month then I can't see a problem with getting the eviction stopped. When are you able to make the first payment?

[jase75]

Sorry for delay, we can make our first payment this Thursday 31st March 2011, a paymnet of £742 would be paid.

Thank you for helping us, I'm starting to have that little bit of hope again!

[Ell-enn]

Hi there, make the payment - ensure you can get proof i.e. if you are on internet banking print off the transaction. Once you have made the payment we can start with the N244.

 

Did they give you a reason why they wouldn't accept your proposal?

[jase75]

The reason they gave was that payments were erratic, we explained that we are now in a position to clear our arrears by making installments on top of monthly payments but as I said before the answer was the eviction will still go ahead!

[Ell-enn]

Hi, make the payment on Thursday and print off proof. We will then work on the N244 once you have done that as we will need the proof to go with the form.

 

If you can get the form to court on Monday you should get a hearing within a few days.

 

I know it's a very stressful time for you, but please try to stay positive. Judges don't take people's homes away if they have an income and can show they are able to make payments going forward.

[jase75]

That's great, thank you so much for helping us, I will contact you as soon as I have made the payment, so we can push ahead.

 

Thanks again, much appreciated.

[jase75]

I have made a payment today of £742, I will print statement off tomorrow as proof, I also paid £800 on 16th March which I will also print proof of. When I called to make payment I was told they would accept the payment but unless we pay all the arrears off we still face eviction!!! Also every month we have been in arrears for we incur a £50 charge, I am not sure wether this is included in the arrears total or if added onto mortgage therefore paying interest on it??

We would be grateful now if you can advise us what we need to do next to try & stop the eviction.

Many Thanks

[Ell-enn]

Hi, you need to enter the N244 at court. I'll catch up with you tomorrow when you've printed off the proof of payments. If you get the form to court either Friday or Monday you will be in plenty of time to get a hearing.

[jase75]

We now have proof of payment, I have printed them off, what do I need to do now? Can I print a N244 off or do yopu need to e.mail me one?

[Ell-enn]

Hi there, affixed is an N244 form - I will give you the instructions for completing it below. However, at Q.10 of the form you will need to affix a statement and budget sheet. I will draft the statement for you and put on here later today.

 

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

 

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 Believes

11. Sign and cross out all options except Applicant

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

 

I'll be back with the statement to go with it shortly.

n244_e.pdf

[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. The info for the top of the statement will be on the eviction notice, but there are also xxx’s where your name should be in the body of the statement.

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 do the same on the proof of payments except it will be Appendix 2.

Now assemble as follows:

N244 - signed

Statement - signed

Budget Sheet Appendix 1

Proof of Payments – 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 when you hand the form in. Ask the court staff if there will be any free legal advisors on duty on the day of your hearing.

Any questions, just shout.

Jase75 N244 Statement.doc

[jase75]

Hi, we submitted the papers to court today & have been given hearing date for 11/04/2011, thank you for your help, fingers crossed the judge will rule in our favour.

[Ell-enn]

Hi, check back in before the hearing and we can go through the process

 

Stay positive, you will be OK

[jase75]

Will do, thanks again, we are trying to be as positive as we can, it's just very stressful & worrying.

 

Will check in towards end of week, so you can help us prepare for court hearing on Monday.

[jase75]

Hi sorry for late reply my wife has been in hospital, if you could just advise what we should say to the judge tomorrow we would be most grateful, thanks again for all your help.

[Ell-enn]

Hi, sorry to hear about your wife, I hope she is recovering ok?

 

You should arrive at the court in plenty of time. If there are any free legal representatives there, approach them and ask for their advice. They can accompany you into the hearing if you wish. 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.

Stay positive, you will be OK

[jase75]

thank you. we are aware of proceedings as we have the suspended possesion order, but we are so grateful for the time & help you have given us, we will let you know how we get on tomorrow.

[Ell-enn]

You're welcome I'm sure you will be OK.

[jase75]

Just thought would update you with what happened in court this morning, we are pleased to say the judge ruled in our favour to suspend the eviction, the CAB came in with us & reduced the monthly payment down to £50 rather that £100 pm, so all in all a good outcome.

 

Thank you so much for everything & keeping us positive.

[Ell-enn]

That's great news - well done !