Help with the n244 please EVICTION CANCELLED

[amanda]

We had fallen behind with the payments on a suspended reposession order, we've now caught up but unfortunately not in time to stop a warrant for possession being issued!!

 

I'm stuck with the n244 on:-

 

1. name of court, do we need to put the court in which the order was issued or the court where the hearing for this might be held? Our local court can't fit us in until the morning of the repo which is cutting it a bit fine so we will have to go to another court if we want to be seen sooner.

 

2. Are we the claimant or defendant, I thought we were the defendant but an example form I found on the internet had it the other way round??

 

3. What order are you asking the court to make & why?? Do we say to suspend the warrant for possession??

 

4. Have you attached a draft of the order you are applying for?? /totally lost on that one.

 

5. give details of any fixed trial date or period? does this apply to us

 

6. what level of judge does your hearing need? I don't know

 

7. who should be served with this application? do we put the mortgage companies solicitors??

 

I know the answers are probably really obvious but I'm not sure and spent all day trying to find out , lol, we really need to get the paper work to court tomorrow morning so we can get a date for the hearing sooner rather than later.

 

Thanks in advance for any help.

[Ell-enn]

Hi there, firstly - is the mortgage in joint names?

 

Ell

[amanda]

Hi no its just in my partners name

[Ell-enn]

Hi there, thanks for your PM. I have affixed the budget sheet to this thread. Remember when filling it in that the amount you are paying each month towards the arrears in addition to the normal monthly payment, is the amount left over after everything else has been paid.

 

These are the instructions for the rest of the form:

 

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 Applicants

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

 

 

On the budget sheet you will need to write the claim number on the top left hand corner and Appendix 1 on the top right hand corner.

 

 

Have you got proof of the payments you have made? i.e. bank statement? it would be good to affix that to the statement as an appendix too.

 

 

 

Ell

Budget Sheet.xls

[amanda]

Hi Ell

 

The payments were made by online banking I'll see if theres anyway to print off the transactions as proof.

 

Thanks ever so much for the n244 info, I'll get on and complete it now with the budget sheet.

 

x

[Ell-enn]

OK, I've changed the statement to include affixing the bank transactions as Appendix 1 and therefore the budget sheet will be Appendix 2. You need to write the claim number on the top left of each of those and the relevant Appendix number on the top right.

 

On the top of the statement you need to fill in the details where I have put XXX's (remove the XXX's). The details will be on the warrant (claim number, defendant etc). When you print out the statement make sure you keep it all on one sheet.

 

You will then need to take a photocopy of everything before you take it to court as you will need one to take with you on the day to refer to. Make sure the appendices are securely affixed.

 

Any questions, just shout.

 

Ell

Amanda statement.doc

[amanda]

Hi Ell

 

Thanks again.

 

Which court name do we put? Or do we wait until we know which court the hearing will be in?

[Ell-enn]

You need to put the court the original claim was heard in. If you have to go to another court all the paperwork will be sent there beforehand.

 

Ell

[amanda]

Sorry Ell didn't see your post when I last posted, thanks for the statement, I'll go and print it all off now.

 

You're a star.

[Ell-enn]

No problem, let us know when you have a date for the hearing

 

Ell

[amanda]

Hi Ell

 

We've got a hearing date for Monday 16th march, in the morning, I'll let you know the result, fingers crossed!!

 

Thanks again for your help, spent last night completing all you sent me.

 

Best wishes

 

Amanda

[Ell-enn]

That's good, I'm sure you will be OK. Has your OH been to court before? If not I will go through the process with you at the weekend.

 

Ell

[amanda]

Hi Ell

 

Just to let you know and for anyone else going through this process.

 

We had a success, the judge was very sympathetic to us and didn't seem very keen on the solicitor, lol, the solicitor said he wouldn't be petitioning heavily for possession and the judge said I should hope not and would question whether you should even be here at all.

 

Then he questioned why we were paying an extra £130/month, when his own mortgage had considerably reduced recently??? OH said to clear the arrears asap and the judge then reduced the amount to £100/month but said if we wanted to pay £130 then that would be up to us.

 

We hadn't even asked for a reduction.

 

Very nice judge!!!

 

So thanks very much for your help Ell, we couldn't have done it without your help. Sorry I didn't see your message offering help with the court but it all went well.

 

Best wishes

 

Amanda

[Ell-enn]

Hi, that's great news - I'm so pleased for you and well done for being brave also glad to see you had an understanding judge!

 

Hope you can now relax in your home.