Notice of eviction - EVICTION CANCELLED

[Paulo9]

Help,

a few months ago with help from the forum and especially El Enn we managed to get a possession order suspended.

I live with my then girlfriend now wife but am not on the mortgage.

 

Since then we have been paying the extra as agreed but missed about 200 pounds in january due to us getting married.

 

We received a letter from abbey litigation that they were issuing an order for possession.

 

We spoke to abbey who told us if we couldnt pay the full arears £2456.00

they would file for eviction.

 

We have carried on with our payments even though they told us not to and have reduced the arears a bit, we have all the payment slips for this.We are earning enough to keep up the payments and have wage slips to prove this.

 

We contacted the court and were told that we couldn`t do anything about it until we received the Notice of eviction.

 

We have today received a notice of eviction from the court.

 

I have downloaded an N244 form but am struggling to fill it in properly any help and advice would be welcome.

[Ell-enn]

Hi there, I can help you with the N244 but it will have to be later this evening or tomorrow (you can't do anything with it until Monday anyway) What date is the eviction?

 

Ell-enn

[Paulo9]

Its the 22nd of April.

Later will be fine thanks.

[Ell-enn]

Hi there, in the meantime these are the instructions for completing the form (except Q.10, which we'll need to do a statement for as it's the most important part and I will help you with that later).

 

 

 

1. Your name

 

2. Tick Defendant

3. Suspension of eviction - payment proposal offered.

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 budget sheet which you will need to send in with the N244 to show the judge how you can afford to make the payments. When filling it in, make sure the amount you are offering to pay towards the arrears in additionto the normal monthly payment is the amount left over after everything else has been paid. Print one off to "practise" on first before completing the final copy.

 

 

 

Back later

Budget Sheet.xls

[Paulo9]

Thans v much

[Paulo9]

Hi, ELL-enn i have filled in the buget form and the n244 did you manage to sort out a statement.

 

Regards.

[Ell-enn]

Hi there, sorry for the delay in getting back to you - I've had visitors this weekend...

 

Can you list the payments you have made since you received the letter from Abbey - you will need to photocopy them to send in with the N244.

 

How much is your monthly payment and how much extra are you paying each month towards the arrears?

 

 

Ell-enn

[Paulo9]

Hi,

the monthly payment is £517.43 plus £165 for arears.

Do we need to list all the payments from the original hearing or just from january?

[Paulo9]

Also we have all the payment slips from abbey since the original hearing in sept.

should i photocopy those ?

[Paulo9]

payments were originally £638.19 plus £165 per month arears payment.

total £803.19 we were paying £810.00 per month to cover

the payment dropped to £517.43 in feb. plus 165. arears

total £682.43.

We are still paying £810 per month.

We have only missed roughly £200 in jan and have almost caught up .

[Ell-enn]

Hi there, are you able to continue to pay the £810 until the arrears are cleared? this means you will be paying £292 per month towards the arrears - can you keep that up? if so it will go well in your favour with the court.

 

Ell

[Paulo9]

I would prefer a little less to be sure of coping with the payments incase the interest rate changes.

however if you dont think that would be acceptable we could manage it.

[Ell-enn]

You need to be sure that you offer a payment you can sustain. If your new payment is £517 you could perhaps offer £200 per month towards the arrears? How much are the arrears at the moment?

[Paulo9]

Its £2456.00 in arrears, i've put on the budget sheet to pay £200 a month on top of the monthly payment

[Ell-enn]

OK, the £200 should be what's left over after everything else has been paid - yes?

 

Affixed is the statement for Q.10. You will need to fill in the info where the XXX's are at the top (info will be on eviction notice).

 

On the photocopied payment receipts you need to write the claim number on the top left hand corner and Appendix 1 on the top right hand corner (try to photocopy a few receipts onto a page, instead of individual pages for each one). On the budget sheet write the claim number and Appendix 2.

 

You should then have:

 

N244 form

Statement

Photocopied receipts - Appendix 1

Budget Sheet - Appendix 2

 

You will need a copy for yourself so you can refer to it in court so take a photocopy of all of it before stapling together and handing into court.

 

Any questions, just shout.

 

Ell-enn

Paul09 N244 Statement.doc

[Paulo9]

Thank you for your help. its much apreciated.

[johnruntings]

hi i have just read your post and it is one of the best one i have read for comittment in terms of arrearrs and your abilty to pay i would not be surprised if the judge does not issue a bollocking to main street lender abbey for wasting his/her time in my opion the notice should never have been issued just for one missed payment where is the law of comon sense? dont worry it will be suspended and congrats on your marrige

[mercyblue]

Are you saying (in your 1st post) that abbey told you to stop paying completely?

[Paulo9]

Hi guys,

 

Just been to a hearing at the court this aft. had the reposetion order suspended the lady from abbey was very helpful and the judge was great about it.

Sorted thank god .

A big thank you to ELL-En for her great advice.

 

In answer to the question about abbey telling us to stop payments imediately they did say that and if we had we would have been about another £800 pounds in arears on the day and nothing was said in court about this.

 

My advice to anyone trying to sort it out is to keep paying if you can because the abbey rep had an up to date statement showing that we had paid 400 pounds more last month than we needed to and that also went in our favour.

 

Thanks to the team that run this site it is so helpful to get advice.

[Ell-enn]

That's brilliant news! I'm so pleased for you, and well done for being so brave

 

Ellx

[sillygirl1]

Glad you won against the Grabbey, don't forget that once you have paid this you need to get a notice of discontinuance so they can't use the same order again to get you out.