Eviction date of MOn 15 12 2008 - with only 5 working days notice? ANy help much appreciated! EVICTION CANCELLED

[Ell-enn]

Unbelievable! Obviously, if they are not going to cancel the eviction you will need to enter an N244 to get a hearing to suspend. Can you gather together the proof of payments you have made and I can help you with the form for court.

 

Ell

[callumsgran]

I'm confused, what happened in January then?

[sophouse26]

Ah thanks Ell-Enn that would be great!

WEll I had another conversation today with the company and the guy agreed that we had made a payment every month and that the arrears were coming down - but as the payment was late this month they were going ahead with the eviction.....the payment was due on 25th and it arrived on 28th and the 25th/26th were weekend days - not like it was weeks overdue!!!!!

Ell we have lots of proof of payments from bank statements to statements from the mortgage company themseleves we can use as evidence. We have also faxed a complaint off and sent a hard copy recorded delivery , asking questions like why do we not recieve any written correspondance from this company and why have we not recieved things in writing when we have requested. We also asked the guy on the phone this and he said that on the system there was no recollection of our request for things in writing!! this is complete lies and it seems that they manipulate their records to duit their needs. oUr complaint has been sent to their complaints department for them to prepare a response ( another 7 day process no doubt!!)

We are now REALLY worried that the judge will side with them this time as it is the 2nd time the order has been presented and he may be sick of the case? But we constatntly keep in contact with DB and can afford the payments and are proving this each month!! This should not be allowed as it is almost corporate bullying and borderline emotional abuse

Here's hoping we still have a roof in 2 weeks time!!

[sophouse26]

Am also worried even more now after reading a few threads where judges haven't even been bothered to read statements or evidence and just gone for the eviction!!!

[Ell-enn]

Hi there, what date is on the eviction notice? You need to download a N244 from here: Her Majesty's Courts Service - Home.

 

If you have been making payments in accordance with the order then there is no way the judge will give possession. If you can prove what date the payments went from your bank each month, you should have no trouble getting a suspension. The lender is being totally unreasonable:mad:

 

Let me know when you have the form ready and I will help you with the statement for Q.10 if you need me to.

 

Ell

[sophouse26]

ahhh hopefully things will be ok . Just checked my bank and the payment didn't leave until the Monday after the 25th as this was the weekend day...do you think he will quibble over a day??? God I feel more nervous this time than before! Should I also submit the incomings and outgoings again? Eviction date has come through for 21st May at 11am so we have about 2 weeks

Will downlaod now! God this is horrible! This company are so rude and they told me today that I should phone hem after making every payment!!! How unrealistic is that especially with work committments as I can't always access a phone during normal working hours??!! God can't believe we are getting penalised ofr paying and brinign the arrears down!!!!

[sophouse26]

Just had a call from DB and they have said that if i now pay may and junes installments they will cancel the order. We had agreed in the past that all payments would be made on the 25th of every month but they are now saying that mays payment is over due and this is the only way they will now stop the order. I am going to take the N244 over to the courts this afternoon as i think db are still being difficult and this is the only option that will have left!! i am however concerned that the only reason they have contacted this morning with their 'offer' is so as they can say to the judge "well we did offer this amount to stop the order". When i spoke to their rep this morning and said that i technically wasn't in arrears with the present order he scoffed and said that i was as i haven't made mays payment(which isn't due for another 18 days!!!). Are they just thick or just hell bent on turfing people out of their homes???? i really do wonder!

[Ell-enn]

Hi thee, are you OK with what to put in Q10 of the form? Remember to affix proof of all the payments you have made under the order, and quote the conversation this morning when they said you were in arrears even though the payment is not due until 25th.

 

If you need any help, just shout.

 

Ell

[sophouse26]

Well I have filled in the form before but this time I don't know how much to put on there. I want to ensure i cover all the important parts and cover the convesations previously had. I have asked for everything from DB to be put in writing and am waiting for this to come before submitting the N244. if it's not here by Tuesday I will have to go ahead with N244 and the evidence i have here already.

 

I qrote a letter of compaint recently about the way I have been treated and part of it quoted the new guildines issued by the courts abck in Nov 08. I was told that as the mortgage originally went to court last April the new court guidelines do not apply to my case. Is this true???

 

thanks Ell-enn youa re brilliant and this site is such a god send to people in times of trouble and distress

[sophouse26]

I hav ebeen reading some more info about reposession hjearings and am under the impression that the mortgage companies solicitors are supposed to provide copies to me of their defence case? Is this true as I have NEVER had copies of this? Would this be seomthing we could try adn get an ajournment on or something else which may go against them? Any kind of support and advice would be most appreciated. THanks again

[RMS]

I have been reading some more info about reposession hjearings and am under the impression that the mortgage companies solicitors are supposed to provide copies to me of their defence case? Is this true as I have NEVER had copies of this?

 

I'm not sure if it is a legal requirement but I got it from my lender and the wording seemed to make me think it was a legality, I'll have to find the letter.

 

It arrived about 10 days before the court case and basically it was photocopies of the mortgage agreement showing the terms and conditions and our signatures on it. So there case was, we had agreement to keep up regualr monthly payments and that we had broken it.

 

The letter said something about they were required to send a copy of their case to us and this was it.

[sophouse26]

If anyone can help us with our N244 for that would be great. We have just spoken to the mortgage company again and they are point blank refusing to cancel the eviction unless.......can you believe this next offer...... we pay the next 2months in advance!!!! We recieved a letter today dsaying we had to pay £3300 which is May and June's payment and then they will cancel the eviction and we start paying again under the original order in july!!!! This does not make sense - 2 payments then nothing till July???!!!! This is because we are up to date with our paymetns and they are trying to get more or take our house!! should this be allowed???

They still have not sent our statement as requested and I have asked for it again on the telephone tonight and now they are telling me that I am to pay £25 for tehm to send this!! this company are just robbing b*******. I really hope the judge doesn't side with them adn I feel sick adn am getting no sleep over this. It seems you pay and your damned and you don't and your damned - how can these people not be regulated better??? Any help with the N244 would eb most appreciated as I am very tired with all this now! thanks!! P.s has ANYONE else out tehre heard of DB mortgages and had dealings with them? thanks everyone

 

I need to put my case forwards

[Ell-enn]

Hi there, don't panic - I can help you with the N244 and have affixed one to this post. You will also need to put in a budget sheet with the N244 (affixed also). When you fill in the budget sheet make sure the amount you are paying towards the arrears (in addition to the normal payment) is the amount left over after everything else has been paid.

 

Do you have bank statements to prove all the installments under the order have been paid? If so you will need to take a photocopy of them to send in with the N244. Can you list the dates and amounts that have been paid please so I can put it into the statement at Q.10 of the form.

 

I'll make a start on the statement while you answer the above. Is the mortgage in joint names? and do you have any children living at home?

 

Ell-enn

Budget Sheet.xls

n244_0400.pdf

[sophouse26]

Hi Ell-enn

 

You are a god send and we will be donating after all this stress has gone! hopefully it will go he right way!

 

Well I am just collating all the payment evidence now - I have just downloaded bank statements and have found old mortgage statements so hopefully this will do.

 

Payment of £1650 on 4/01/2009 ( went in on the 4th due to xmas and new year!)

 

Next payment was made on 1st Feb 2009 via cash but went missing through the banking system so we had to put a track on it!!! We continually communicated with this company throughout all of this!

 

03/03/2009 £1500 went into their account and then a payment of £150.

 

31/03/2009 £1600 went into the account ( due to bank finally finding payment we made 2 payments in March!!)

 

30/04/2009 £1700 went into DB mortgages account.

 

We have a 7 year old and also my disabled brother-in-law lives with us too.

I spoke to someone at the law centre today and they said that they cannot believe how unreasonable, difficult and inconsistant this company are.

 

Do you think the judge will side with them? We can and are affording the payments we are just victims of the mortgage companies difficulties and banking processes.

thanks again ell-enn

[sophouse26]

Sorry just nocitced - the mortgage is in my name though I live with my partner and she is contributing!

[Ell-enn]

What date are you supposed to make the payments under the order, and how much should they be? Also how much was the payment on 1st Feb?

[sophouse26]

Hi there

 

I have the original order here and there is no official payment date as such it just says 'from 1st Feb 2009'. We agreed with DB to change the date to the 25th of each month after Febs payment went missing in the banking world!!

 

It was a cash payment of £1650 and it was actually paid on 15th feb as we had to wait 14 business days for db's payment slips to come through. This was after they refused to take payment via debit card because i failed the ID check!!! They refused to allow me to set up a direct debit for this account as well!! The cash payment went missing as barclasy would not issue a receipt and we had to find it in Barclays system. We kept in contact with the company throughout all this and paid the payment as soon as we could. Db were happy through this whole process!!

 

Payments should be monthly payment of £1399.20 plus an additional £250 per month, so just under £1650 per month. we have paid £6600 to DB in total so far!

[Ell-enn]

Affixed is the statement for part 10 of the N244. and below are the instructions for the rest of the form. On the statement you need to enter the information at the top where there are XXX's (and then delete the XXX's and brackets). Do not type in the boxes o the far right (Claimant and Defendant). You will get the info from the eviction order. When you print out the statement make sure your printer is set for A4 paper (not Letter size).

 

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

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 copies of bank statements you need to write the claim number on the top left hand corner and Appendix 1 on the top right hand corner.

 

Do the same on the budget sheet, except it will be Appendix 2.

 

You should now assemble as follows:

 

N244 form, signed

Statement, signed

Bank Statements - Appendix 1

Budget Sheet - Appendix 2.

 

You now need to take a photocopy of all of the above and then staple one set securely before handing in to court. The court staff will give you a date for the hearing when you hand it in. Take the eviction order with you and show it to them, you won't have to pay a fee then. You need to get it to the court tomorrow.

 

Any questions, just shout.

 

 

Ell

Sophouse N244 Statement.doc

[sophouse26]

Hi Ell-enn thanks so much again for this.

Do you think the judge will look favourably as we have paid a substantial amount towards the mortgage, the arrears are coming down and we have ( apart from their awkwardness) kept to the arrangement?

 

Also we have noticed that this company are charging us a £50 per month arrears management fee and 91.09 per month on the interest!! gosh !!

[Ell-enn]

I'm sure it will be fine Judges won't take people's houses away from them when they are able to make payments.

[sophouse26]

THanks again Ell-enn you are truly brilliant!! THe statementis fantastic and you are a credit to this site and an asset to all its users.

 

Its a shame that we cannot sue these companys for the stress and emotional abuse they inflict on people. We will have to pay an additional £500 in their legal fees grrrrrrr just to add pain to injury

[Ell-enn]

Thank you, glad to have been able to help:) Let us know when you have a date for the hearing.

[sophouse26]

Hi Ell-enn went to the courts this afternoon and they said i was too late to put the form in today and will have to present the statement etc tomorrow at 10 am grrrr!!! they have said there will be a judge available tomorrow or next tuesday. I am however confident that DB's solicitors will not be able to attend if its tomorrow (but i will still be charged for this) then i believe the case will be adjourn???(If i remember correctly).

So hopefully things will be sorted in 1 way or another tomorrow!!??

[Ell-enn]

Hi there, well at least you won't have to wait long - fingers crossed for you tomorrow, I'm sure it will be fine - just stay positive

[sophouse26]

Hi Ell-enn have just spoken to DB and asked them about they payments etc and the arrears also spoke about why iwas charged 2 lots of litigation fees for the last court date when their rep didn't show and rightly or wrongly told them that i was presenting my case to the courts for a suspension. Was this o.k??? (He did ask on what grounds but i declined to elaborate). To be honest i don't know wether i'm coming or going just walking around in a daze! Many thanks once again for all your help.