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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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2nd Eviction Notice


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Hi,

 

I have recently been sent an eviction notice for the 18th October 2010, unfortunately this is my 2nd notice. I had my first eviction notice about 5 months ago, My wife suffered a mis-carriage and could not work so we missed 2 months of payments.

 

Is there anything I can do

 

Regards

 

ski

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Hi there, you can apply to the court on an N244 form to have the eviction stopped. I can help you with the form and statement to go with it.

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Firstly you will need to fill in a budget sheet to send in with the N244 form. I have affixed the budget sheet we use to this post. When filling it in, make sure that the amount you are offering to pay towards the arrears each month in addition to the normal monthly payment, is the amount left over after everything else has been accounted for.

 

If you fill in the budget sheet on screen on your PC it will calculate automatically for you. Once you have completed it let me know how much you can afford to pay towards the arrears and then we can move to the next step.

Budget Sheet.xls

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OK, you now need to fill in the N244 form - I will be on line this evening to help you with that. Is that OK?

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Hi there, are you absolutely sure you can afford £120 above your normal monthly payment?

How much extra had you been paying before you missed 2 payments ?

How much are the arrears in total?

Is the mortgage in joint names?

Are there any children living in the property.

 

If you can answer the above as soon as possible we can get the form and statement finished tonight.

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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Hi Ell-een

 

Sorry I have not been in touch, I have had some crazy projects on at work and my last 2 days have been 12 hours. After I filled in the expenses form I have decided I can make £120 as an over payment, I was paying £100. I want to make sure they take me seriously.

 

The current arrears are 12k the mortgage is only in my name and we don't have any Kids, I have just found out I will be getting a pay rise in 2 months and my Wife is starting a better paid job in 2 months aswell

 

Could I have some help with the N244 form so I can go to the court tomorrow

 

The other issue I have is I am going away with work abroad next week and I cant get out of it will this cause me any problems ?

 

Thanks once again

 

Polandski

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Hi there, the only problem you will have is that it may not be possible to get a hearing before you go away - if you take the form to the court today you will need to tell them you need an emergency hearing before the end of the week. You can't put an N244 form in and then not attend the hearing.

I have drafted a statement for Question 10 of the N244. You need to fill in the information at the top where there are XXX's (remove the xxx's) - you will get the info from the eviction warrant.

 

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

1. Your 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 (the statement I have attached)

Cross out all options except I Believe

Sign and cross out all options except Applicant

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

 

On the budget sheet, write the Claim number on the top left hand corner and Appendix 1 on the top right hand corner.

Assemble as follows:

 

N244 form, signed.

Statement, signed

Budget Sheet.

 

This is the pack you take to court, staple together securely (take a copy of it all for yourself first so you have a copy to refer to in the hearing).

There will be a fee of £35 to pay when you take it to the court - you will need to take cash as they don't accept card payments or cheques.

 

Let me know when the hearing is.

 

Ell

Polandski N244 statement.doc

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Oh good - I was worried you wouldn't be online today to get the above information for the N244 and get it to court today. Did you keep a copy for yourself?

 

I'll reply further this evening when I get home.

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

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Hi, when you get to the court on Friday, ask if there are any free legal advisors (a lot of courts have them these days), they can be very helpful and will go in the hearing with you to support your case.

 

Who is your lender ?

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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That's good. Please let us know how you get on - I'm sure it will be OK

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Hi,

 

Had my court hearing the Judge said I can stay in the house, I need to pay £100 over my normal mortgage payment which is fantastic news. Thanks for your help. I would like to make a donation to you or the website at the end of the month how would I do this ?

 

Polandski

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That's great news. Well done :-) I hope you can now relax in your home.

 

If you wish to make a donation to the site - you will find the button at the top of the page :

PLEASE HELP US TO KEEP THIS SITE RUNNING Your contributions to this site helps us to keep on helping you for FREE. Click Here to Donate

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Hi br1ghton,

 

I would suggest you take in as much evidence to support your case, I took in Wage slips, letters from doctors about my Wife's miscarriage just to support your claim. I think the Judges are very coherent and will listen to what you have to say.

 

Best of luck and let me know how things go

 

Polandski

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Hi Brighton,

 

I agree with Polandski, judges are quite sympathetic these days. Certainly in recent hearings we found him to be very accomodating. I hope you manage to put off repossession. Under the FSA guidelines, the banks should give you the opportunity to spread arreas over the terms of mortgage and you should mention this to judge and look up further evidence supporting this.

 

Good luck and all the best.

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