Repossession notice received! - **WON - SUSPENDED!**

[Ell-enn]

You can check on the royalmail website and print off their signature receipt. http://www.royalmail.com/portal/rm/personal?pageId=tab_track_rm&catId=500185&mediaId=83900761

 

enter the tracking number from your receipt and then go to the print off signature page.

 

 

This will prove that they signed for the form. Lenders are notoriously slow in returning MI12 forms to the DWP - we can tell the court that they are frustrating the process by not completing the form promptly.

[Silverado 2011]

Excellent stuff, I'll do that.

 

Edit - Delivered on the 31st Definitely

[Silverado 2011]

Still not received a copy of the MI12 so rang Capstone again today and spoke to a someone (I'll get his name) who reckons he's printed it off and putting it in the post as we speak.

 

I'd like to get the N244 submitted as soon as possible so if any of you clever people are about sometime soon I'd be grateful of the help with the wording.

 

Edit: He also assured me that the team dealing with the MI12 will complete it and submit it to DWP today as they've had a backlog over christmas but will make mine a priority.

[Ell-enn]

I'm at work at the moment, but will be on line this evening.

 

In the meantime, affixed is a budget sheet which you will need to fill in to go with the N244. Also gather together evidence of your jobseekers allowance and any documents you have from the DWP regarding the MIR. Hopefully you will get a copy of the form before the hearing.

Budget Sheet.xls

[Silverado 2011]

Thanks Ell-enn I'll get that sorted.

[Ell-enn]

Hi, affixed is a N244 form and below are the instructions for completing it.

 

 

 

1. Your name

2. Tick Defendant

3. Suspension of eviction due to ongoing claim for Mortgage Interest Relief.

 

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 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.

 

 

 

Also affixed is a statement for Q.10 of the form.

 

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

 

You should now have:

 

N244 form, completed and signed

Statement for Q.10

Budget sheet

 

This forms the pack you need to take to court. Take a photocopy of it all before you hand it in to the court so you have a copy to refer to at the hearing. If you receive a copy of the MI12 form before the hearing you can take that along on the day.

 

You will need to fill in a form EX160 (also affixed) as there is normally a fee of £35.00 to pay when you take the N244 to court. You will need documentary proof of your unemployment to go with the EX160 and I have affixed the explanatory notes (EX160A) so you know what's needed.

 

Any questions, just shout.

 

Ell

n244_0400.pdf

Jopea N244 statement.doc

EX160.pdf

ex160a court fees.pdf

[Silverado 2011]

Ell-enn you are superb, many thanks for doing this.

 

I'll complete this tomorrow

[Ell-enn]

You're welcome

[Silverado 2011]

Just a quick update.

 

Capstone have sent me a photocopy of the first page of the MI12 ('page 1 - about you' and not the front of it) and my covering letter, I'm hoping this will be evidence enough to prove to the court that the MI12 exists and is 'in the system'.

 

Tomorrow I'll submit the N244.

[Ell-enn]

OK, post when you have got a court date and we can go through the hearing process.

 

Now you've got a copy of the MI12 you need to send it in with the N244. I've re-done the statement for Q10 (affixed) to refer to it as an Appendix. Write the claim number and Appendix 2 on the top like your budget sheet.

 

Don't forget to take a photocopy of everything before you take it to the court. The court staff should be able to give you a date for the hearing while you wait (most court staff are OK and usually very helpful).

Jopea N244 statement.doc

[Silverado 2011]

Many thanks again Ell-enn. I certainly will take a photocopy of EVERYTHING this time, far too many unnecesary hours of worrying and chasing people not to.

 

I'll definitely post up the date of the hearing and thanks for rewording the Q10.

[Silverado 2011]

Ok forms submitted, hearing is on 2nd February.

 

Further complications, about 15 mins after I have submitted the forms I was offered a job which I accepted and starts on Wednesday. Its a reasonable salary and I'm sure that I would be able to afford repaying the mortgage arrears over time.

 

My question is should I contact Capstone and offer a repayment plan and what happens to the N244 should Capstone accept my offer?

 

Thanks in advance.

[on*the*case]

Ok forms submitted, hearing is on 2nd February.

 

Further complications, about 15 mins after I have submitted the forms I was offered a job which I accepted and starts on Wednesday. Its a reasonable salary and I'm sure that I would be able to afford repaying the mortgage arrears over time.

 

My question is should I contact Capstone and offer a repayment plan and what happens to the N244 should Capstone accept my offer?

 

Thanks in advance.

 

Excellelant news on the job

 

As for the hearing, DO NOT CANCEL, attend and argue your case, you can make an offer to Capstone when you recieve your first salary.

 

Do not trust Capstone one single inch as they will say 'OK you dont need to attend, we agree etc' Then they will attend behind your back, claim you haven't bothered to turn up and have you evicted. They have done it before

[slgsue]

I have also submitted my N244 for my case against Capstone today, in court Thursday ! I am in a position to offer to clear my arrears in a little over 3 months (not the charges they have added mind, they are just ridiculous!!!) The woman in court was really nice and told me you must attend or they will go to have the eviction take place. I hope to let the judge take control, if they accept your offer and anything goes wrong you will be in the same situation straight away, without any warning, thats what happened to me!!!

[sillygirl1]

If it were me I wouldnt offer aything from the new salary until you have had three months worth, after all you may have the offer but you dont know if you will be acceptable to the company, nor they to you... it has been known to take people on to meet targets one month then drop them after a couple of months.

 

Be careful here, take the job offer details along and try not to let Capstone upset you by spouting on about "little chance of clearing arrears in reasonable time..." counter that with "unreasonable charges are being added almost daily and these should be taken out of the arrears figures..."

[Silverado 2011]

Thanks all for the advice, quite an eye opener.

 

I will attend and keep quiet about the job offer.

 

Good luck slgsue on Thursday!

[slgsue]

Thank you, will keep a close eye on how you get on too

[Silverado 2011]

OK, post when you have got a court date and we can go through the hearing process.

 

The hearing is on Tuesday morning (2nd Feb) and I must say nerves have been getting the better of me today, luckily I'm out for a few beers tonight to take my mind off it. If anyone has any words of advice as to what to expect then that'd be really helpful.

 

I felt I got a bit 'steam rollered' at the initial hearing for the eviction order and I'm desperate for that not to happen again. It seemed that the Judge took Capstones solicitor seriously and not me (maybe I'm being a bit paranoid but I want to be on an even footing on Tuesday).

[Silverado 2011]

The hearing is on Tuesday morning (2nd Feb) and I must say nerves have been getting the better of me today. If anyone has any words of advice as to what to expect then that'd be really helpful.

 

Just a self bump as the hearing is tomorrow morning.

[Rightinit]

Good luck for tomorrow.

We had our hearing last Friday, the judge did give me a telling off but did suspend the repossession.

All I can say is be as polite as you can to the judge and don't lose your temper or rise to anything capstone solicitor says. As you want to try and keep the judge on your side.

[sillygirl1]

Try and keep your cool and don't let the other side intimidate you. If they start waffling on let them finish and then calmly state "Please Sir, (or Ma'am) I am a litigant in person and dont understand what was said, can you explain simply..."

 

That is probably when the other side will call for an adjournement whilst they get further instructions...

 

You can say "No, I have laid my case, they have had the paperwork."

 

Please let us know how it goes.

[Silverado 2011]

Thanks all for the advice, I write up my experience when I get back.

[Silverado 2011]

The hearing went well today and the short version of events is I got a 2 week adjournment, which whilst its not a full suspension made me

 

I got to the court at 9.15 for a 9.30 hearing soon after Capstones solicitor turned up and it was quite obvious that he'd only just received the papers I'd submitted. He was on the phone to them asking for all sorts of information such as what type of mortgage it was, the level of arrears and when was the last payment made.

 

He came over and asked if I wanted to discuss anything before the hearing and said I didnt think that there was. He then asked if this was all the evidence I intended to put infront of the judge and I replied it was. He said that with the level of arrears and the inability to repay them he was has been instructed to go for a full eviction. I said that I wouldnt expect anything less in a calm manner.

 

We get to the hearing and firstly the judge turns on me by saying that that I should be badgering DWP on a daily basis getting them to process the MI12 application as my house is dependent upon it. Then he completely lays into Capstones bloke asking why it had taken them so long to complete their section. Capstones solicitor then tries to start arguing about level of arrears and the Judge shoots it right down by saying that without the outcome of the MI12 application he cant possibly make any decisions regarding arrears.

 

He concluded that the hearing would be adjourned for a fortnight in which time I need to 'chase the DWP HARD' to get them to complete the MI12 application.

 

So I have 2 weeks, obviously I have to get in contact with DWP but is there anything else that needs to be done? What about the actual eviction itself due to be on the 9th, I'm guessing that it will be cancelled?

 

Thanks for everyones help and comforting words, the battle was won but the war continues.

[Leakie]

Well done Jopea

Glad that you are smiling, at least it gives you a breathing space,

 

All the best for round 2

 

 

Leakie

[sillygirl1]

Didnt I mention the adjournement option, it seems to be coming more popular now, the TRUE level of arrears, MINUS any charge whatsoever MUST be shown, its apparently part of the new pre-court protocols.

 

Well done for keeping your cool - isnt it a good feeling when the other sides solicitor is made to feel like a naughty boy or girl.