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Please Can Any Body Help Me In Stopping A Eviction. I Missed Payments On My Morgage And Now The Company Have Told Me They Applied For Eviction Warrant. Can I Appeal Against This And How Soon

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Hi there and welcome to CAG. Yes, you can defend the eviction order but we will need more information before we can advise you properly.

 

What is the eviction date on the order?

Are you able to make a payment proposal to clear the arrears? i.e. an amount on top of your normal monthly payment?

 

If you can give me a bit more background we can get to work on a defence.

 

In the meantime I will move this post to the Repossessions Forum with the same title as above.

 

Kind Regards

 

Ell-enn

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Hi there, yes I have got your message and should be able to help you with your defence against the eviction order.

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hello im been served a warrant of eviction. i missed a few of payments over the last due to being unable to work due to 4 bearevments in family. im back on track now. the morgage company GMAC contacted me and told me i had to pay a extra £200 on top of my £50 pounds arrears, i offered £50 but the (LOVELY) lady would not budge. i was then sent a letter explaining i will be served with warrant. i can afford to pay morgage and part arrears but not the £7000 they want outwrite. my concern is how long before im evicted and can i stop it

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Hi there, have you actually received an eviction order with a date for eviction?

 

Kind Regards

 

Ell-enn

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you can fill a form N244, go to court and get a judge to decide. Make sure you do this in time for the eviction.

 

how much are the arrears as that is the most you can be expected to pay, plus maybe some court costs. If you get them down to below 3 months, a judge will suspend the warrant even if they don't agree.

 

prior to a warrant, you would have got a judgement and a warrant is only issued 28 days after you don't pay as per order.

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Hello I Have Not Recieved A Date For Warrant But Are You Saying After That Date I Have 28days. What Concerns Me Is I Get Eviction Notice And Have To Be Out In A Week. Why I Ask Is Because Im Trying To Raise Funds For All Arrears But I Need Time

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Hi, until you receive a warrant for eviction from the court you can stay where you are and try to pay as much of the arrears as possible. If and when you do receive an eviction order it will have a date anywhere between 4 and 6 weeks away, at that point we can submit an N244 application to the court to defend the eviction, and I can help you with that.

 

In the meantime, make any payment you can as it will look better when we write the defence.

 

I take it you have already been to court and had the possession claim suspended?

 

Kind Regards

 

Ell-enn

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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yes i all ready been to court. 18months ago. I will start makng payments on my arrears. and i get back to you when i get warrant. thanks very much for your advise. SPEAK SOON

:)

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No problem, as soon as you get a warrant - post on here and we'll get to work on your defence. Have a read around the Repossessions and Mortgages and Secured Loans forums, you should feel more positive when you have read some of the other people's successes.

 

Don't forget to get receipts (or transaction numbers) for any payments that you make and keep them safe in case we need them for your defence.

 

Kind Regards

 

Ell-enn

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  • 2 weeks later...

Ell-en Hello I Just Phoned Courts This Morning And Asked Have They Got A Eviction Date, They Said No So Im Confused Does This Mean The Morgage Company Are Just Threating Or Does It Take All This Time. Why I Ask Is One Have The Court Made Mistake And All Of Sudden I Get Eviction Say For Example Next Week And Two Can I File Defence Now Of Wait For Date. Also On My Defence Do I Fill A N244 And Or N11m. Please Advise Thanks

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Hi there, it's best to wait until you get an eviction order from the court and then submit an N244 to defend it (we can help you with that). You will then get a chance to put your case before the judge. However, the lender may be holding off applying for eviction to see if you make payments. Have you been making payment recently?

 

Kind Regards

 

Ell-enn

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yes made payment today of £1400 and will be making another of same amount thursday. my total arrears is £7000. i keep you informed. its just that been reading threads and the form n11m gets mentioned and wanted to make sure put in correct forms

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OK, keep us informed and we'll guide you with the correct form and procedure.

 

Kind Regards

 

Ell-enn

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Please dont worry I fought GMAC for many years they threaten in the hope people will borrow the money and pay up just make payments as you can and keep records then when you get the order from the court ellen will deal honestly it can be sorted GMAC are Bxxxxxs

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HELLO ELL-EN AND BONA THANKS FOR SUPPORT. ANY WAY JUST RECIEVED EVICTION DATE 6-8-08 SO I NEED HELP FILLING N244 FORM I TELL YOU WHAT I WRITTEN AND PLEASE FEEL FREE TO ALTER. RIGHT HERE MY STORY. THE REASON FOR ARREARS WAS MAINLY DUE TO 3 FAMILY BEAREVMENTS OVER LAST YEAR INCLUDING A TRAGIC AND SUDDEN DEATH OF MY BROTHER.THIS COST ME A LOT OF TIME OFF WORK. AND WHEN I DID WORK I TOOK A OFFICE JOB ON LOWER PAY FOR SHORT TIME AS I DID NOT THINK IT WAS SAFE FOR ME TO DRIVE HGV LACK OF CONCERTRATION. ALSO LAST SUMMER I WAS OFF FOR 5 WEEKS WITH FOOD POISONING. AND AS I WORK IN FOOD INDUSTRY THEY WOULD NOT LET ME RETURN (TESCO)ALSO DECEMBER HAD INDUSTRIAL INJURY.AND JUST RECIEVED LETTER THIS MORNING TELLING ME COMPANY HAVE ADMITTED LIABILTY AND I WILL BE RECIEVING COMPO WHICH I WILL USE TO PAY OF ARREARS. THE LAST 12 MONTHS HAVE BEEN A NIGHTMARE BUT NOW FINGERS CROSSED BACK ON TRACK. MY PROPOSAL I HAVE ARREARS OF £7500 AND HAVE SENT IN ONE CHEQUE TODAY FOR £1430 AND ANOTHER TOMORROW FOR SAME AMOUNT. MY DAUGHTER HAS PROMISED ME MORE MONEY. SO IM OFFERING £150 A MONTH OFF ARREARS. AND HOPEFULLY PAY OFF ALL ARREARS IN A YEAR IF NOT SOONER. ALL I NEED IS TIME AS I JUST GOT BACK ON FEET.P.S DO I NEED TO ATTACH INCOME FORM WITH N244 AND ANY OTHER DOCUMENTS IE LETTER OF SOLICITER SAY ABOUT MY COMPENSATION. SORRY ITS LONG LETTER CAN YOU USE A SHORTER VERSION OR SHOULD I SENT WHAT I WRITTEN. THANKS VERY MUCH

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Hi there, give me 15 minutes or or so and I'll edit your text to make it easier for the judge to read.

 

Is the mortgage in joint names?

Do you have any young children at home?

 

In the meantime can you complete an income and expenditure statement. You can download one here National Debtline England & Wales | Personal Budget Sheet

Print one off and complete in pencil first to make sure you get it right. Then print off another - either complete on PC and print, or print off and write in pen.

 

You will need a copy of your solicitors letter also.

 

Back shortly :)

 

Ell-enn

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Yes Have A 11 Year Old Daughter Yes Morgage In Joint Names Thanks. Also I Have Written To Gmac Over Last Few Months With Offers But Not Reply. I Have Copys Of Those Letters Do I Attach Them. Thanks

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Hi, I have affixed the statement for Part 10 of the N244 form. It won't fit in the space provided on the form, so you need to write "see affixed sheet". On the top of the sheet you will need to put the claim number and both your names in full (I have put spaces for them on the document).

 

Where I have put XXX's you need to enter your name.

 

Where I have referred to an Appendix - write the claim number on the top left corner and Appendix 1,2 or 3 on the top right of the corresponding letter or budget sheet.

 

Below are the instructions for completing the rest of the form:

 

1. Your names

2. Tick Defendant

3. Suspension of eviction order. Arrears have been reduced and will be cleared by……

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 Evidence Set Out Below . Write in box – Please See Attached Sheet.

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.

 

 

If you have downloaded the N244 from HM website you can fill it in on your PC and print it off. It's best to take it to the court in person - they will give you a date for the hearing there and then. If you can't do that then you should send by recorded delivery. Take a copy of everything for yourself before sending.

 

Any questions, just shout.

 

Kind Regards

 

Ell-enn

Lemonmo N244 Part 10.doc

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Thanks Ell-en Im Really Grateful. So I Dont Need To Mention My Illness Last Year .also Do I Attach Letters I Sent To Gmac .solicitors Letter .

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Hi there, yes the letters you sent to GMAC are referred to as Appendix 3 in the 4th bullet point. Remember to write the claim number and appendix number on everything you attach. Make sure they are securely stapled to the form.

 

Have you downloaded the N244 from HM website? if not you can get it here: Her Majesty's Courts Service - Home. Select Forms and Guidance from the menu on the left hand side and enter N244 in the box asking for the form no. It will take you to where you can click on the box to download it.

 

Kind Regards

 

Ell-enn

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Remeber that GMAC take payments at the begining of the month not the end so if you miss a payment or it is late they putt is down as arreas straight away when it isnt arreas untill the end of the month so when you get a hearing date they will tell the Judge you owe more than you do so be prepared with your own arreas amount they also add soliciytors costs and penalty charges to your account and tell the Judge they are arreas ring GMAC and ask them for a statement of your acount from inception to the presant day you can then show this if they start to play nasty and tell untruths about what you owe when we went to court they were hauled over the coals more than once by the District Judge over these points

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Thank You Bona I Have Notice That Over The Last 3 Months I Paid More Than They Say I Have So Will Get Statements Together Just In Case. By The Way Did You Win Case Thanks

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