Eviction Warrant for 2nd time - PLEASE HELP **EVICTION SUSPENDED**

[Ell-enn]

What exactly is the proof of payments you have made since last Monday? is it a bank statement? print out of transactions ? or what .....

[MelDo]

I think you're right. I'm a little nervous because their case is built around the previous 7 failed plans and that sounds far worse than it is when you set it against the situation since Mike became involved.

 

I'll submit tomorrow with all the various appendices.

 

Mel

[MelDo]

Crossed in the ether there! It's a printed statement form them on their letterhead of all payments made with dates over the past 12 months right up to yesterday's.

[Ell-enn]

OK, statement affixed. You need to fill the info in at the top where there are XX's (remove the X's). there are also some xxx's in the body of the statement where you need to fill in how much you are offering to pay towards the arrears each month.

 

 

Make sure your printer is set for A4 paper (not letter size) so it all fits on one page.

 

 

On the letter you have from them agreeing to the arrangement commencing end Oct - write the Claim Number on the top left hand corner and Appendix 1 on the top right hand corner.

 

Do the same on the budget sheet which will be Appendix 2 and the statement of payments will be Appendix 3. You made another payment of £100 today so you need to get proof of that too.

 

I put the instructions for filling in the N244 on an earlier post (Post 10 4th Nov)

 

Now assemble as follows:

 

N244 form - signed

Statement - signed

Appendix 1 - letter

Appendix 2 - budget sheet

Appendix 3 - Proof of payments

 

This forms your pack to take to court. Take a photocopy of it all before you hand it in as you will need a copy to refer to in the hearing, and make sure each set is stapled securely together. There will be a fee of £35.00 to pay (in cash) when you take it to the court and you should get a date for the hearing while you are there.

 

Any questions, just shout.

 

Ell

MelDo N244 statement Nov 10.doc

[MelDo]

I've decided not to pay any more next week as they will not show us as paid on the documentation in court. Or should I pay it as I've told MAS I will?

[Ell-enn]

If you pay by card and you are on internet banking you could print of that transaction?

[MelDo]

True true, you think it'll strengthen our case then, you're right, and I did tell MAS I would. OK.

 

Thanks

x

[newstarter]

Hi ,i have just been reading your thread with intrest,ell-enn is right,you will not loose your home,the trouble is when people get into arrears with their mortgage they panic when the letters and threats of repossession are made by their lenders.I was in arrears to the tune of six and a half thousand and went down the n244 route as you are doing.As long as you can demonstrate that you can clear your arrears and carry on with the normal monthly payments you will be fine,dont feel pressurised into paying more than you can afford,i wouldnt be paying that extra 800 either they have recieved more than enough over and above the normal monthly payments.I have to agree,its blackmail on their part to offer to stop proceedings if you stump up another 800.I wouldnt be looking to settle the arrears for at least 12 months,lenders will let you throw money at them in an attempt to clear the arrears quickly but why stretch yourself financially to the limit when theres no need to.My guess is your getting worked up over this but believe me there really is no need to worry the judge will im sure rule in your favour you will not loose your home.

[Ell-enn]

Exactly what I have been saying all along..........

[MelDo]

Thanks for the support guys.

 

Mel

[MelDo]

Hi All, especially Ellen,

 

Submitted N244 today, have a court hearing at 10.00 am this Wednesday.

 

Gulp. Feel ok and well prepared - thanks to you - but still nervous obviously.

 

Brother will be with me, will report back as soon as I can.

 

Kind regards

 

Mel

[newstarter]

Good luck meldo im sure you will be fine,good idea not to be on your own at the hearing dont forget let us know how you get on.

[MelDo]

Thanks Newstarter.

 

One question, if the judge does uphold the eviction I understand I have the right to ask for leave to appeal. WHat does this involve and how do I do it?

 

Mel

[Ell-enn]

You would need to apply to the court to have a circuit judge hear your appeal. This is done on a form N161 which you can get from the court counter and we can help you with filling in the form.

 

Stay positive, it will be OK.

[MelDo]

Thanks again Ell-enn, just nervous. Would the appeal happen on the same day?

[Ell-enn]

It would depend if there was a circuit judge available. Please try not to dwell on that happening, I'm sure you will be OK.

[MelDo]

Ok, thanks.

 

Mel

[newstarter]

Spot on, just concentrate on the n244 hearing you will be fine ellens got all your bases covered for tommorrow,try not to worry,you wont loose your home.

[MelDo]

Hi guys, last minute nerves...assuming the judge finds for us tomorrow what do we come away with? By which I mean is it all verbal between him and their solicitor or do we get a certificate of cancellation?

 

Thanks Mel

[Ell-enn]

Hi there, you will receive an order from the court in the post a few days after the hearing stating that eviction is suspended on the condition that you make payments in line with what is agreed in court.

[newstarter]

good luck again for wednesday but you wont need it you will be fine.

[MelDo]

Eviction Suspended.

 

Judge agreed to pay £600 per month off arrears (effectively 3 months to clear full amount).

 

MAS' solicitor asked for leave to appeal, the judge refused. The solicitor told us that they will probably still apply for an appeal to a higher judge. Is this normal?

 

Mel

[Ell-enn]

I wouldn't worry too much about it, I've heard this several times - the solicitor would be pi$$ed off that he lost and trying to scare you - I doubt they would spend money on appealling when you can clear the arrears in 3 months - a circuit judge wouldn't give them possession either.

 

Just relax in your home and ensure you make the payments as promised.

[MelDo]

Thank you ell-enn so much for your guidance and support in all of this. I am very releived to have had the judge suspend the order and she was also very supportive in her assessment of the circumstances leading up to the arrears. I am a little worried by the attitude of the solicitor in asking for an appeal although the judge herself was adamant that no circuit judge would reverse her decision. I think it's a malicious act on behalf of mas.

 

In your experience, if they did appeal would this hearing also fall before the eviction date? Sorry to burden you with another question.

 

How do I make a contribution to the site and how do I get a box of chocolates to you ?!

 

Mel

[MelDo]

Thank you ell-enn so much for your guidance and support in all of this. I am very releived to have had the judge suspend the order and she was also very supportive in her assessment of the circumstances leading up to the arrears. I am a little worried by the attitude of the solicitor in asking for an appeal although the judge herself was adamant that no circuit judge would reverse her decision. I think it's a malicious act on behalf of mas.

 

In your experience, if they did appeal would this hearing also fall before the eviction date? Sorry to burden you with another question.

 

How do I make a contribution to the site and how do I get a box of chocolates to you ?!

 

Mel