Help! Eviction Notice Delivered today **EVICTION SUSPENDED**

[P&G]

Hi

 

I hope you can help, I have received an eviction notice today (dated 18th Oct) for an eviction date of the 9th November. We have mortgage arrears and a suspended repossession order and were paying £850 per month over the normal mortgage amount ( which would have had the arrears cleared in Feb 11) but missed the end of Sept payment as I was unemployed from July - Sept. I have now thankfully found a job and have caught up with the sept payment but they are insisting having the full arrears cleared. am trying to clear the arrears over the next 3 weeks but not before the eviction date.

 

Can you help?

[Desperate Daniella]

Hi,

 

There are people on this Forum who will be able to advise you on this, so I have bumped it.

 

Good luck with this.

 

DD

[Ell-enn]

Hi there, you have been paying a lot each month towards the arrears - can you afford that amount going forward?

 

You need to enter an N244 form at your local court for a hearing to suspend the eviction - I can help you with that.

Given that your unemployment was the cause of the missed payment, I'm sure the judge will not give possession to your lender, especially as you now have a new job.

 

Please post here if you need help.

[P&G]

Hi

 

Thank you for you reassurance, but still have that deeply sick feeling in my stomach. The original possession order was issued in 2007. The arrears grew due to my business failure I then was lucky enough in Nov 2008 to secure a well paid interim contract, this lasted 20 months so was able to keep the agreed £850 pm going. Unfortunately this ended in June this year I called platform and asked to reduce the £850pm payment to 250pm which they agreed, I was hoping to secure work in Sept but it dragged on an finally got another Interim contract on the 11th Oct. I offered to pay platform everything I earn for the next 3 weeks but they rejected it.

 

The arrears have reduced from 20k in Mar 2009 to 6k today, but they will not accept anything other than full payment.

 

I am seriously worried, and would very much welcome your help in completing q10 of the the N244.

 

I did contact a compaay about legal representation, should I have this when I go to court? to be honest would be happier to donate the fee to this site.

[P&G]

Hi

 

Thank you for you reassurance, but still have that deeply sick feeling in my stomach. The original possession order was issued in 2007. The arrears grew due to my business failure I then was lucky enough in Nov 2008 to secure a well paid interim contract, this lasted 20 months so was able to keep the agreed £850 pm going. Unfortunately this ended in June this year I called platform and asked to reduce the £850pm payment to 250pm which they agreed, I was hoping to secure work in Sept but it dragged on an finally got another Interim contract on the 11th Oct. I offered to pay platform everything I earn for the next 3 weeks but they rejected it.

 

The arrears have reduced from 20k in Mar 2009 to 6k today, but they will not accept anything other than full payment.

 

I am seriously worried, and would very much welcome your help in completing q10 of the the N244.

 

I did contact a compaay about legal representation, should I have this when I go to court? to be honest would be happier to donate the fee to this site.

[P&G]

Hi

 

I didn't answer your question, sorry, Yes all I want is for the agreement to be reinstated by platform, I want to get the arrears cleared asap, all payments are now up to date and we are where we should be..

 

G

[Ell-enn]

Hi, the fact that you have reduced the arrears from 20k to 6k will prove to the court that you are committed to continuing to reduce them. You have a perfectly reasonable excuse for missing a payment - no work, no income and Platform should have accepted your offer of payment now you have another job. Did you make the offer to them in writing? I am confident that there is no way a judge would give Platform possession in your case.

 

 

As for paying for representation at court - you can get all the help you need on this site with regard to the N244 application and most courts have free legal representatives on duty on days where there are possession hearings - they can be an invaluable help and can accompany you into the hearing and support your case. If you send me a private message with the name of your court I may know if they offer this service.

 

Before drafting a statement for Q10 of the N244, I will need some info:

 

Is the mortgage in joint names?

Do you have any children living at home?

How much are your normal monthly payments?

How long does the mortgage still have to run?

 

You will need to affix a budget sheet to the N244 to show the court how you will afford the payments going forward and I have attached the one we normally use - it calculates automatically when you put in the info. The amount you are offering to pay each month towards the arrears should be the amount left over after everything else is accounted for.

 

I have also affixed an N244 form and will give you the instructions for completing it when we have done the statement.

 

If possible you should try to get the form to court tomorrow or Monday at the latest in order to get a hearing before the eviction is due

n244_0400.pdf

Budget Sheet.xls

[Desperate Daniella]

P&G,

 

Please have faith in Ell-enn. She is a superstar and has resolved situations which are far worse than yours. Trust her.

 

The judge will take into consideration that you have reduced the arrears by an amazing amount.

 

Hang in there.

 

DDxx

[P&G]

Hi

 

OK, I have completed the N244, from looking at this site.

 

I have done the budget. and included everything, and this is OK although tight for 3 months as I am playing catch up with a few bits it all works out.

 

Yes mortgage is in Joint names, two children 16 and 14 we also have my mother in law living with us she is 69. £750.16 is the normal amount and we have 20 years to go.

 

my wife is going to the court tomorrow to hand all this in,I am copying all the bits I think I may need but the contract of employment mentions day rate etc but not how long it is expected to last does this matter.

 

not sue how to send you a private message re court.

[Ell-enn]

How much are you offering to pay towards the arrears each month ?

 

Can you send me a copy of what you have written for Q.10 of the form [email protected]

[P&G]

I did make the offer in writing and faxed it to platform and their solicitors and have proof of receipt, we then had a call from Platform, when I called them back, they told me that they could only except full payment, I did say I knew that already and enquired why they called, but he didn't seem to know why, I left it at that.

[Ell-enn]

Have you included a copy of the letter with your N244 statement?

[P&G]

sending copy of Q10 statement, is taking a while I have a v old computer.

[P&G]

Hi

 

I an just putting the info together and am not sure what to include, I was goiing to include:

 

Q10 statement

Wifes Payslips.

My new contract of employment

Letter sent platform and solicitors.

Letter from platform dated 16.03.09 agreeing to £850pm

Letter form platform agreeing to £250pm for three months,

Final letter stating arrears and the are going to repossess dated 12.10.10

 

is that to much?

[Ell-enn]

I have looked at the statement and replied to your email with a few suggestions. I will be back on line from my office around 8.30 in the morning if you need any further help.

 

You need:

 

Q10 statement

The budget sheet

Your new contract of employment

The letter to platform with your offer

 

You don't need the correspondence from 2009 or their letter dated 12.10.10.

[P&G]

Good Morning Ell

 

I wondered if you had a chance to look at the ammeded Q10 statement just to see if you felt it was suitable.

 

I looking at getting the papers to the court today,

 

Regards

G

[P&G]

Hi Ell-enn

 

We have dropped the forms to the court and have a hearing in 2/11/10 at 10am.

 

I intend to bring evrything with me in case I need proof of payment from my interim contract etc.

 

If i could just ask you as the motgage is in both names should we both be there?

[Ell-enn]

Hi sorry I've not replied earlier - I can't access my CAG emails at the moment so I haven't seen your amended statement, but I'm sure it will be OK as we have discussed the content. There is no need for you both to be at the hearing. Did you ask if there are any free legal reps at court on the day of the hearing?

[P&G]

Hi,

 

Forgot to ask but I will call the on Monday. I have made the payment to Platform, and I asked why they were pusuing this, apparently it is because they have issued 3 warrants, two I was unaware of, these were basically issued but then when I made the payment they were cancelled, the payment would have only been a day late.

 

We did receive an eviction date last year in Sept when I missed the August payment due on 30th Aug because I couldn't get my timesheet signed, and therefore my payment was late, I paid 4 days later on the 5th Sept and they cancelled it.

 

This is the reason they have given, does this look bad? I am very worried.

[Ell-enn]

These circumstances will be easily explained if necessary. Please try to stay positive, I'm sure it will be OK.

[P&G]

Thanks Ell-enn, do you think the mortgage solicitors will bring it up? Am happy to explain it, but am fearing the worse.

 

Am going to take everything with with me just in case, I am so concerned. If the court does have free legal reps do you suggest I take them in with me?

[Ell-enn]

If there are free legal reps you should certainly speak with them and ask them to accompany you into the hearing.

 

Did you attend the original hearing when possession was suspended ?

[P&G]

No I didn't, something I regret.

 

Is it worth trying to seek legal rep if they don't have free reps?

[Ell-enn]

You have a very good case and I don't think for a minute it will be anything other than successful. If there are free legal reps that is just a bonus and I think you would be wasting money on a solicitor.

 

You should arrive at the court in plenty of time. 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 uncomfortable, 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 the 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. As this is your application for a hearing the judge will speak to you first and explain what is happening. 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.

 

 

I understand that you will be feeling anxious, but I really do believe the judge will overturn the eviction.

[P&G]

Many Thanks, You have been invaluable, I will let you know how it goes.