Capstone warrant for Evicton Please Help

[scottt]

yes ill get it ready

[scottt]

Hi Ell-enn, all photocopies done. £150 per month would be ideal. My budget sheet is also done.

thanks

scottt

[Ell-enn]

OK, the statement is on my pc at home so I'll attach that when I get back from work.

 

I'll also affix the N244 form and give you the instructions for completing it.

 

There will be a £35.00 fee to pay when you take it to the court - take the eviction warrant with you.

 

back later

 

Ell

[Ell-enn]

Hi Scottt, affixed is the N244 form and the instructions for filling it in are below. I have done the statement for Q.10 and will affix to the next post with the instructions for that.

 

1. Your names

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

Cross out all options except We Believe

Sign and cross out all options except Applicant

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

n244_0400.pdf

[Ell-enn]

Statement for Q.10 affixed. You will need to enter the info in the boxes at the top - the details will be on the eviction notice. (Remember to remove the XXX's). There are also XXX's in the first and second bullet points where you need to put the name.

 

On the budget sheet - write the claim number on the top left hand corner and Appendix 1 on the top right hand corner. Do the same on the proof of payment of £450 except it will be Appendix 2 and the statement showing charges & FOS letter will be Appendix 3.

 

Assemble as follows:

 

N244 form - signed

Statement for Q.10 - signed

Budget sheet - Appendix 1

Proof of payment - Appendix 2

Charges statement & FOS letter - Appendix 3

 

This forms your defence pack.

 

Staple securely together before handing into court. Photocopy the N244 and Statement for Q.10 together with your other copies of the Appendices - this will be your copy to take to the hearing with you to refer to.

 

You need to get it to the court tomorrow to make sure you get a hearing before the eviction date.

 

Any questions, just shout

Scottt N244 statement.doc

[scottt]

Ell-enn, thanks for your really fast response the other day and the work you have put in over the last couple of days. Ill be taking the pack to the court on friday morning after work. I will post details of the date when i get it.

Thanks again.

scottt

[Ell-enn]

You're welcome Scottt, I'm sure it will go ok for you

[scottt]

Hi Ell-enn,

just got back from the court and the hearing is on tue 23rd feb. After looking at my statements and speaking to capstone i only have £1000 arrears so i have changed the witness statment to circa £1000, i hope this was the right thing to do. £4000 in charges can you believe it. They have been adding £115.00 managment fees every month even when i have maintained an agreement.

They have called me again today to see if i will increase my £1350 offer to stop eviction.

 

Not going to do anything now until after tue. If the hearing does not go my way then i will have to raise all the funds i can.

 

Ell-enn thanks again for your help, you have been great!!!!!

 

regards

scottt

[Ell-enn]

Hi Scottt, if I were you I'd pay the two payments you promised on your statement on 23rd before you go to court and print off the receipt to take with you to show the judge - it will help your case enormously !

[scottt]

Hi Ell-enn, @ 9.01 am on the 23rd i will take great pleasure in ringing capstone and paying the £900 as promised. This will take me £100 in front on what my agreement currently says i should pay and will make me feel a lot better about going to court. My internet banking updates in real time so i will print of and take with me.

 

Will capstone have someone at the hearing? How should i address the judge when speaking to him / her?

 

Thanks

scottt

[Ell-enn]

Hi Scott,

 

You should arrive at the court in plenty of time. If there are any free legal representatives there, approach them and ask for their advice. They can accompany you into the hearing if you wish. 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 intimidated at any time, 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 a 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. If you have to address the judge it should be Sir or Madam – and don't interrupt them when they are speaking!. As this is your application the judge will speak to you first - when he has finished speaking - just say "Sir/Madam - may I show you proof of payment made this morning and hand over a copy of the bank statement.

He/She will then consider your N244 and give his decision - you will get this suspended no problem

The whole procedure should take no more than 5 or 10 minutes and you will be outside on the pavement with a huge weight lifted off your shoulders

 

Ell

[jetli]

Hi Scott,

 

You should arrive at the court in plenty of time. If there are any free legal representatives there, approach them and ask for their advice. They can accompany you into the hearing if you wish. 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 intimidated at any time, 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 a 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. If you have to address the judge it should be Sir or Madam – and don't interrupt them when they are speaking!. As this is your application the judge will speak to you first - when he has finished speaking - just say "Sir/Madam - may I show you proof of payment made this morning and hand over a copy of the bank statement.

 

He/She will then consider your N244 and give his decision - you will get this suspended no problem

 

The whole procedure should take no more than 5 or 10 minutes and you will be outside on the pavement with a huge weight lifted off your shoulders

 

Ell

 

Listen to Ell she is great and just got me through Hell and back you will be fine just do what Ell says and let us know how you get on X

[scottt]

Hi, Just got back from the court. When i got there the solicitor from capstone asked me into a private room and discussed my account. He was really fishing for info and things that he could use in the hearing. I really did not say to much and we shortly went into the hearing.

 

We sat at the table and the judge was really nice and said that she had spent in her words " a great deal of time reading my defence pack ".

 

She asked the solicitor for a update on my account and he said that i had missed payments that i had made and that capstone oppose to canceling the eviction. She said that this information was not correct has she can see on the statements that the payments had been made and that in her opinon the level of charges were extreme.

 

I also stated that i had paid in the last ten days £1350 and that capstone wan't more to cancel eviction. This was the last thing to be said by me or the local solicitor has the judge cancelled the eviction and said that it was based not on facts and wished me good luck with my fos complaint.

 

I would have liked to have said more so that the judge could hear what capstone are like but she had allready made her mind up so its all good.

 

All i need to do now is make a donation to the site and send Ell-enn a huge thank you. I could not have done this without your help and tonight i will have the best nights sleep in ages.

 

Ell-enn i know you cant give out personal information but i would be very gratefull if you could give me the address of a florist that you drive past on the way home from work as me and my wife and kids would like to have some flowers in there for you to pick up has a big thank you.

 

Thanks again

 

Scott

[Ell-enn]

Hi Scottt - I'm so pleased for you - well done for being so brave:)

 

No need to spend money on flowers - your success in court is all the thanks I need - use the money to treat your family to a bite to eat somewhere and relax in the knowledge that your home is safe

 

Please keep us updated on how your FOS complaint progresses.

 

Ellx