In court on Tues, worried sick CASE ADJOURNED

[Shazza50]

Yes my son pays a good amount of keep, only because when he was a struggling student we helped him out a lot (pre-redundancy days when I was earning a lot more money than now). My daughter has finished college and is looking for an apprentiship. She was signing on for JSA for a while but came off it as she hated going. I know, she should be made to go, but I hated it when I went so can see her point. We also never received money from my son until he got a job, so its unfair to treat them different. I will stick up for her though and say she very rarely asks for money from us as she does babysitting for a neighbour.

[caro]

Found a post that I hope will help you get sorted. This post explains better than me. It's an N244 you need to apply to stop the repo.

 

How much can you realistically afford to pay towards the arrears each month on top of the normal monthly payment?

 

We can do a N244 to defend the eviction, but the difficulty we have is that you don't really have a good explanation as to why you didn't pay the March installment.

 

You will need to attach a budget sheet to the N244 form and I have affixed one to this post - can you please fill it in to see what you can affiord (it calculates automatically as you fill it in). I will then draft a statement to go with the form and I will then affix a N244 form and give you instructions for filling it in etc.

 

Have a read of this thread and also click on Ell-enn's name to find posts that she's made as many of them will help you.

 

Who is your mortgage with by the way?

[caro]

Found a post that I hope will help you get sorted. This post explains better than me. It's an N244 you need to apply to stop the repo.

 

How much can you realistically afford to pay towards the arrears each month on top of the normal monthly payment?

 

We can do a N244 to defend the eviction, but the difficulty we have is that you don't really have a good explanation as to why you didn't pay the March installment.

 

You will need to attach a budget sheet to the N244 form and I have affixed one to this post - can you please fill it in to see what you can affiord (it calculates automatically as you fill it in). I will then draft a statement to go with the form and I will then affix a N244 form and give you instructions for filling it in etc.

 

Have a read of this thread and also click on Ell-enn's name to find posts that she's made as many of them will help you.

 

Who is your mortgage with by the way?

[Shazza50]

Thank you for your help. The mortgage is with Northern Rock. The man I spoke to on Thursday from there said they would go for a possession order, then I would have 28 days to get back to them with another offer and they would probably accept it, he also added that its not definate they would get the order as it is up to the judge. The debt advisor we have been in touch with seems quite confident that we will get a suspended order as we have been paying anyway, its just that the 3mth arrangement had ended and we hadn't realised. She also said she thinks she has come across this before with Northern Rock, not informing people that the arrangements have come to an end and then taking them to court.

[Shazza50]

Thank you for your help. The mortgage is with Northern Rock. The man I spoke to on Thursday from there said they would go for a possession order, then I would have 28 days to get back to them with another offer and they would probably accept it, he also added that its not definate they would get the order as it is up to the judge. The debt advisor we have been in touch with seems quite confident that we will get a suspended order as we have been paying anyway, its just that the 3mth arrangement had ended and we hadn't realised. She also said she thinks she has come across this before with Northern Rock, not informing people that the arrangements have come to an end and then taking them to court.

[caro]

I'm just trying to be a bit more hard-nosed and dispassionate about the situation with your son and daughter as a judge might be, but apart from your daughter not claiming JSA I think you've answered that question. When my son finished uni he wriggled out of going until I toughened up a bit so he went and hated it too. After going a couple of times he suddenly managed to get a job. He doesn't particularly like it but it's giving him some experience until he can get something that suits him better.

 

Anyway, the main thing is court on Tuesday. You say they're going for a suspended possession order is that right? Just trying to be clear about what we need to do.

 

I think Morsy has made some excellent points. Have NR taken the kind of steps mentioned before resorting to this action?

[caro]

I'm just trying to be a bit more hard-nosed and dispassionate about the situation with your son and daughter as a judge might be, but apart from your daughter not claiming JSA I think you've answered that question. When my son finished uni he wriggled out of going until I toughened up a bit so he went and hated it too. After going a couple of times he suddenly managed to get a job. He doesn't particularly like it but it's giving him some experience until he can get something that suits him better.

 

Anyway, the main thing is court on Tuesday. You say they're going for a suspended possession order is that right? Just trying to be clear about what we need to do.

 

I think Morsy has made some excellent points. Have NR taken the kind of steps mentioned before resorting to this action?

[Shazza50]

When I first started talking to the man at NR on Thurs and told him that we could now pay £35 per month he at first said they would go for a suspended possession order, but then when he went through our I&E and came across the unsecured loans and I told him that I had managed to get the payments reduced on them, I'm sure he said that they would go for a possession order because I could potentially reduce the payments to as little as £1 per month, and there was I pleased with myself for getting it to less than half. I must admit my head was all over the place during this phonecall trying to take everything in.

When we came to this arrangement of £10 a guy went through another option with me which was to pay interest only for a while but then when that came to an end our repayments would go up, and given that our circumstances are not going to change dramatically that was a no go. As I have said before, this has come completely out of the blue. One day we got a letter from NR stating they had instructed their solicitors to start proceedings and the very next day the letter arrived with all the papers and court date. We didn't even have time to get over the initial shock of the first letter.

[Shazza50]

When I first started talking to the man at NR on Thurs and told him that we could now pay £35 per month he at first said they would go for a suspended possession order, but then when he went through our I&E and came across the unsecured loans and I told him that I had managed to get the payments reduced on them, I'm sure he said that they would go for a possession order because I could potentially reduce the payments to as little as £1 per month, and there was I pleased with myself for getting it to less than half. I must admit my head was all over the place during this phonecall trying to take everything in.

When we came to this arrangement of £10 a guy went through another option with me which was to pay interest only for a while but then when that came to an end our repayments would go up, and given that our circumstances are not going to change dramatically that was a no go. As I have said before, this has come completely out of the blue. One day we got a letter from NR stating they had instructed their solicitors to start proceedings and the very next day the letter arrived with all the papers and court date. We didn't even have time to get over the initial shock of the first letter.

[caro]

Although it's all been a shock that may go in your favour if NR haven't taken the right steps before taking action. Can you post up what the court papers say, particulars of claim, and how long the hearing is?

[caro]

Although it's all been a shock that may go in your favour if NR haven't taken the right steps before taking action. Can you post up what the court papers say, particulars of claim, and how long the hearing is?

[caro]

This may help clarify the process for you. Particularly look what it says about pre-action protocol and also if you may be eligible for the mortgage rescue scheme. http://www.direct.gov.uk/en/HomeAndCommunity/BuyingAndSellingYourHome/Mortgagesandrepossessions/DG_174580

[caro]

This may help clarify the process for you. Particularly look what it says about pre-action protocol and also if you may be eligible for the mortgage rescue scheme. http://www.direct.gov.uk/en/HomeAndCommunity/BuyingAndSellingYourHome/Mortgagesandrepossessions/DG_174580

[Shazza50]

I will do my best but it might take a while as I am no whizz kid on computers.

[Shazza50]

I will do my best but it might take a while as I am no whizz kid on computers.

[caro]

Don't worry shazza. You can only do one thing at a time. Take it step by step and make yourself some notes as you go along, in a way that will help you sort things out ready for Tuesday.

 

You've done all you can to resolve this with NR. I'm a great believer in bite size pieces. Keep nibbling away and eventually you'll get through this.

[caro]

Don't worry shazza. You can only do one thing at a time. Take it step by step and make yourself some notes as you go along, in a way that will help you sort things out ready for Tuesday.

 

You've done all you can to resolve this with NR. I'm a great believer in bite size pieces. Keep nibbling away and eventually you'll get through this.

[Shazza50]

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Edited April 23, 2011 by Shazza50
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[Shazza50]

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[Shazza50]

 

 

 

From what I can make out, a letter before action was sent to us in November, I got in touch with them agreed to pay the extra £10 from Dec. As you can see payments have been made on time apart from the hiccup we had with Jan payment of which I phoned and explained about. The March payment was also paid. They have payment dates as 1st of the month, but I have always paid at the end of the month which I was told by someone at NR was ok.

[Shazza50]

 

 

 

From what I can make out, a letter before action was sent to us in November, I got in touch with them agreed to pay the extra £10 from Dec. As you can see payments have been made on time apart from the hiccup we had with Jan payment of which I phoned and explained about. The March payment was also paid. They have payment dates as 1st of the month, but I have always paid at the end of the month which I was told by someone at NR was ok.

[Ell-enn]

Hi, I do think you should take a defence statement to court with you on Tuesday. If you need help with a statement let me know and I'll draft it for you (it will have to be tomorrow though). As this is the first possession hearing, you do not need an N244 form, just a statement and budget sheet.

 

Your arrears are not a significant amount compared to a lot of cases and I'm sure you will be OK.

[Ell-enn]

Hi, I do think you should take a defence statement to court with you on Tuesday. If you need help with a statement let me know and I'll draft it for you (it will have to be tomorrow though). As this is the first possession hearing, you do not need an N244 form, just a statement and budget sheet.

 

Your arrears are not a significant amount compared to a lot of cases and I'm sure you will be OK.

[Shazza50]

I would really appreciate that,thank you. The debt advisor we have seen said we didn't need to fill the forms out, and unfortunately for us, she can't make it to the court, and I know that I am going to be a bumbling wreck when it comes to speaking.

[Shazza50]

I would really appreciate that,thank you. The debt advisor we have seen said we didn't need to fill the forms out, and unfortunately for us, she can't make it to the court, and I know that I am going to be a bumbling wreck when it comes to speaking.