any advice please

[nemasis21]

i all i am being evicted from my home on thursday my motgage arrears is £1156.22 which i have offered to pay but my lender wont accept this they are asking for my fees balance of 4719.79 on top i have an hearing tomorrow morning to try and stop this can anybody offer any advice i was made redundant in aug last year after first being put on reduced hours i notified my lender who put an arrangement in place for me to pay £600 per month i missed dec payment but payed extra £200 in jan i payed feb on the due date and on the 5th march received the eviction notice i had a repossesion order suspended in june 2008 which i payed the arrears in full i didnt know i could have applied to have the order removed. since i spoke to my lender last thurs my circumstances have changed i have been offered full time employment which i have the offer letter to take to court. not sure what to expect from the court any advice please

[Ell-enn]

Hi, you need to take a statement to the hearing with details of your new job - if you need help with writing the statement I can draft one for you.

 

I assume you have put in an N244 form? what did you put in Q10 of the form?

did you affix a budget sheet?

do you have an up to date statement showing the arrears and charges?

who is your lender?

What can you afford to pay towards the arrears each month in addition to the normal monthly payment?

 

Sorry for all the questions, but need more info to advise further.

[nemasis21]

hi ell-enn yes i have put in n244 form i have put in q10 the evidence set out in the box below which is more or less what i put in my post i also stated i would pay my morgage £520 plus 80 off the arrears which would take me 14 months to pay off would it be in my best interest t o actually offer to pay the contractual arrears i have the income and expenditure form fillws in and ready to take with me

[nemasis21]

hi ell enn sorry i havent got an uptodate statement of charges or arrears only what they actually put on there letters i am going to challenge there fees as i had an arrangement in place to repay my arrears and they still put on arrears management fees in 3 months this ammounted to £900

[Ell-enn]

Hi, if you have the funds at the moment to pay off all the contractual arrears then obviously it is always best to do so.

 

Do you want me to draft a statement for you to take to court to hand to the judge? you need to decide if you are going to pay all the arrears ( you would need to show the judge proof you have the funds to do so), or if you are going to pay extra each month, in which case we will need to quote S.36 of the Administration of Justice Act and the case law Cheltenham & Gloucester v Norgan.

 

Who is the lender?

[nemasis21]

the lender is rooftops i am reluctant to pay of the arrears as if i lose my home i could use this money to pay for alternative accomodation and moving furniture etc this should have never got to this stage i dont have a printer to print off anything u can draft for me i have the letter offering me the job which btw i started today it states my hours and its a permanant position but not how much my salary is

[Ell-enn]

OK, If I draft something can you write it down on a piece of A4 paper?

 

How come your job offer letter doesn't state your salary?

[nemasis21]

thank you yes i will write it down the reason my job doesnt state my salery is because i only went for interview on wed last week and when offered the job asked if they could put it in writing there and then must have thought me strange to ask that but didnt want to have to tell my new boss my predicament so told her the job centre needed it to stop me going to other job interviews had to think on my feet. should i mention to the judge i offered to pay the contractual arrears and was told they wanted all the arrears??

[Ell-enn]

You'd need to make up your mind to offer to pay all the arrears or pay monthly. You can't take an offer to pay monthly to court and then tell the judge you have the money to pay all the contractual arrears or he'll wonder what you're playing at. It's one or the other I'm afraid. Do you have proof you have the money to pay all the arrears that you could take with you?

 

I need to know which one you are going to offer before writing your statement.

 

Also, is the mortgage in joint names and do you have any children?

[nemasis21]

i will offer to pay the mortgage arrears over 14 months the mortgage is in joint names and i have no dependant children

[Ell-enn]

OK, write this on an 4 sheet of paper. Put the Claim number at the top and your names and the lenders name. Where I have put XXX's in the second paragraph you need to put your name.

 

 

 

Claim No: XXXX

 

 

Your Names v Lender's name

 

 

 

 

We respectfully request the court to consider the following information which is supplementary to that contained in our N244 application:

 

 

• Mr XXXX has now secured full time employment which started on 16th March – please see affixed letter.
  

 

We are therefore in a position to make payments towards the arrears of £80 per month in addition to the

normal monthly payment – please see affixed income & expenditure statement.

Therefore, we respectfully request the court to take into account S.36 of the Administration of Justice Act 1970

and the case of Cheltenham & Gloucester v Norgan when considering our offer of payment.

• We also wish to bring to the court's attention that we are unable to reconcile the arrears figure the Claimant pleads as it contains arrears charges and litigation fees. The true arrears are in fact c. £1,156.
  

 

 

We believe the above to be true and factual.

 

 

 

 

Signed......................................................... Date ....................................

 

 

 

 

Signed......................................................... Date ....................................

 

 

 

 

 

 

When you have finished you both need to sign. You will also need the budget sheet and the letter from your employer. Staple the 3 sheets together. When you get to court (get there early) ask at the counter if they will copy it for you.

 

When you get into the hearing, the judge will speak to you first - don't interrupt him, when he has finished speaking you should say to him " Sir (or Madam) may I give you an up to date statement" and then just hand it over.

 

If there are any free legal reps at court (lots of courts have them nowadays) ask them if they will come into the hearing with you and support you.

 

Any questions, just shout. Don't forget to let us know your good news tomorrow

 

Ell

[nemasis21]

thank you very much for your help and advice finger crossed i get to keep my home will let you know the outcome

[Ell-enn]

It'll be ok

[jaxads]

Good luck Nemasis x

[TUTTSI]

Hi Nemasis

 

I had posted on the other Rooftop thread. Ell-Enn has given you some excellent advice and along the lines that I have also stated.

 

You said on the other thread that you can pay the £1100 imediately? is that still an option? and fully dispute the balance which is made up of charges?

 

Good Luck and all the best for your hearing.

 

Tuttsi

[nemasis21]

thank you so much for your messages of good luck yes i can still pay the contractual m/a

[nemasis21]

hi all just to update you i went to court this morning the judge suspended the eviction for 28 days he wants to see a breakdown of my payments and there charges he said and i quote not looked it up but the origanal possesion order from june 08 should have been discharged i had paid all the arrears. nobody from my lender turned up in court s o not sure what happens next

[Ell-enn]

Hi, you need to write to your lender asap asking for an up to date statement, tell them you need it within 14 days.Send it by recorded delivery and keep a copy of the letter. Also keep the postal receipt safe and check on the royalmail website in a few days to print off the signature receipt (you can do that at a library if you don't have a printer at home). Staple the signature receipt to your copy of the letter and keep in a safe place - you will need it at the next hearing to prove you have asked for it in case they don't send it in time.

 

If you need help with the letter let me know.

 

You should also make the first payment as per your offer as soon as you can to prove to the judge you are committed to making the payments.

[nemasis21]

thanks ell-enn for the sound advice i have written a letter to the lenders will send it tomorrow at the hearing today was surprised the lender never sent anybody along also the judge never read my income / outgoing form but he did read in great detail the statement which you kindly drafted for me do you think we have a chance of keeping our home?? or is this just prelonging the agony of us being homeless

[Ell-enn]

I think you'll keep your home Just make sure you make the first payment as per your proposal.

 

Let's wait and see if they send you the statement and we'll take it from there.

[nemasis21]

omg i dont beleive what happened today i came home from my work at 4pm and guess what i had been evicted yes evicted all yt locks changed my poor kitten was locked in the garden they even put a padlock on my gate i was mortified i r ang the bailiffs office who said they atteneded my house at 11 .30 am this morning they had switched off my water electricity and gas but didnt know where the keyds had gne to my property finally after about an hour of waiting they reang back to tell me to go pick the keys up from an estate agent 3 miles away and i had better be quick cos they close at 6 pm i got a call from an emergancy plumber who turned up at 6.30 put the gas and electric on but cudnt find the water tap i told him where it was just as he went to find it my mother rang she had taken ill i was trying to calm her dowm when the plumber said right im off love of he went we still have no water my letterbox has been locked and they left the place a tip i have a good mind to book into an hotel fo the night an send the bill to the bailiffs office

[Silverado 2011]

Thats appalling nemasis21, I really feel for you. There must be something that you can do for the distress yesterday caused you.

 

I'm sure the experts will be along here soon to let you know what you can do in respect to yesterdays unpleasantness.

 

Try and keep strong

[nemasis21]

ty for your kind words its 1 30 and i still have no water on my letterbox is still nailed up my kitchen cupboard door has been ripped of the hinge how could this fiasco have happened i an awaiting a plumber who i have to pay but rest assured i am straight round to the bailiffs office with the bill i want the money today

[Ell-enn]

You need to make a formal written complaint to the court manager. If you need help with this please let me know.

[nemasis21]

ty ell-ann i am doing still no water waiting on the water board to come out as the contractor turned the water off outside my propery and snapped the tap am i ever going to be clean again