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Hello all.

 

Hope someone can help me on the way forward in this case as time is running out.

 

My mother has arrears on her mortgage with Northern Rock and went to court where Northern Rock secured a suspended repossesion order on the property. The agreement was that the arrear would be respread over the remaining 15 years of the mortgage agreement and payment would be £890.50. This was in February 2011.

 

Payment has been maintain without a problem however my mother decided to be sure of no missed payments she would set up a standing order for the amount evry month. This was effected from April 2011. My mother subsequently had to fly to South Africa due to a family emergency at the end of April and is still there. She thought everything was in order.

 

The problem is that I went to check the mail at the house and amongst the mail I found a Notice of eviction from Northern Rock and letters from their solicitors Wallers. The eviction notice is to be effected on 2 June 2011. After a marathon of international calls and emails I finally secured permission to access the account the the problem is that when my mother effected a standing order from April she mistakenly set it for £890.00 instead of £890.50 creating a shorfall of 50p per month.

 

This happened for the April payment and May payment. I acknowledged the error and offered to pay the £1 but Northern Rock are refusing and have scrapped the court set agreement and are demanding 3 bank statements and 3 payslips and the total outsatnding arrear of £8811. I have explained that the mortgage holder is in South Africa and cannot provide all the information but they will not budge. My mother managed to log on and email the statements and I scanned and faxed her latest wageslip and sent it off to them. However they are just delaying now saying someone is looking into it nd will make a decision. Time is not on our side and it now appears these are just delying tactics.

 

The worst thing is that the mortgage holder is not in the country to deal with the situation and the house will be repossessed in her absence. Northern Rock are not very helpful and seem bent on getting the house. While I accept that the mistake was my mother's, I however would have thought that a 50 pence error would not result in a repossession or a refusal to negotiate. No other payments have been missed since the court agreement.

 

Im getting very stressed due to the delaying tactics and impending eviction date. What are my options? The notice of eviction mentions a N244 Form - can it be actioned on someones behalf as my mother has no chance of getting back her in time.

 

Hope someone can help

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Could you complete an N244 and email it to your mother to sign - then her email it back to you to take to the court? She could also email the court with a letter explaing you are submitting the N244 for her as she is out of the country - you might need proof of her signature (passport/driving licence) also. We can help you with the N244 form.

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Could you complete an N244 and email it to your mother to sign - then her email it back to you to take to the court? She could also email the court with a letter explaing you are submitting the N244 for her as she is out of the country - you might need proof of her signature (passport/driving licence) also. We can help you with the N244 form.

 

Thank you for the quick response. I have downloaded the form and sent it to her. Might ask her to print and sign before scanning and emailing back to me - is this acceptable to a court?

 

Also, due to the limited time, is there a time limit for sunmission of these forms? Most importantly, do we stand a chance with the above scenerio?

 

Sorry for the million questions and thank you for your help!

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You will need to get the N244 to court in the next day or two. Also, ask your mother to write a letter to the court (quote the case number and eviction warrant numbet), stating that she is abroad and cannot get home before the eviction date and that you are submitting the form on her behalf. Also scan her passport and print that off too. Once you let me know you have the signed form, letter and copy passport I will draft a statement to go with Q.10 of the form. You will need to take it personally to the court and pay a fee of £40 (in cash).

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

 

 

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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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Thank so much for the advice. Will get on it tonight and hopefully get everything together tommorrow.

 

Thank you again.

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You will need to get the N244 to court in the next day or two. Also, ask your mother to write a letter to the court (quote the case number and eviction warrant numbet), stating that she is abroad and cannot get home before the eviction date and that you are submitting the form on her behalf. Also scan her passport and print that off too. Once you let me know you have the signed form, letter and copy passport I will draft a statement to go with Q.10 of the form. You will need to take it personally to the court and pay a fee of £40 (in cash).

 

Hello Ell-enn (or anyone else who can help)

 

As advised, I am now in receipt of a letter from the mortgage holder (my mother) whichexplains her absence and my involvement. I also have a scanned copy of her passport. I am now in the process of filling the N244 form for submission hopefully today. I however need so me help as I am not sure how to answer some of the questions.

 

Q3. Am I asking for a judgement to be set aside?

Q4. What is a draft of an order?

Q5. My mother is in South Africa dealing with a family emergency. We have no date at present of when she will be back. What is the best answer?

Q8. Not sure what level of judge I need. Notice of eviction is from the local conty court.

Q9. Who should be served? The mortgage company or their lawyers?

 

Q10. Which one do I need? Witness staement? Statement of case? Written evidence? Ell-enn if you are about I would be grateful for that draft you offered.

 

A new development is that I spoke to Northern Rock in a last ditch effort to reolve it with them and now they are saying that the issue is that they were given an immediate possession order as oppossed to a suspended possession order. I was at the court on the day in January and thier lawyer worked out a figure of £890.50 over the balance of the life of the mortgage. We discussed and went back in where the judge asked some questions to both parties as to wether they were happing with is arrangement and it was agreed. Surely that is a suspended order?

Original mortgage was was £840.50 and the agreed new repayment was £890.50 which has been paid every month from the 1st of February. Northern Rock are now saying that they expected us to contact them and agree a repayment paln within 28 days of the court date and since this wasnt done that is the reason for repossession. The repayments made apparently have nothing to do with it. However for the last 2 weeks they have been saying it is due to a 50p shorfall! Also, noone said anything to that effect in court. All we knew was that an amount was agreed and I clearly remember hearing the words suspended possession. Am now lost as I do not have anything to back this up. They are being very uncooperative and impossible. I now think the courts are my only option.

 

Hope someone can help and I apologise for being rather thick and basically asking for help in filling the whole form. Thank you all for your time.

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Hi there, did you send the N244 to your mother to sign and send back?

 

these are the instructions for completing the form. I will draft a statement to go with Q.10 - you just need to print it out and affix it to the form.

 

1.Name

2. Tick Defendant

3. Suspension of eviction

4. No

5. Tick at a telephone hearing (I'm assuming your mother would be available for that?)

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 The Applicant Believes

11 Sign and cross out all options except Applicant

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

Back shortly with the statement.

You really need to get these forms to court today in order to get something organised before the 2nd June.

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

 

 

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Hi there, affixed is the statement to go with the N244. You need to fill in the info where there are XXX's (remove the xxx's). rEad it carefully to make sure I have got it right.

 

Now assemble as follows:

 

N244

Statement

Letter of authority from your mother

 

Staple together (take a copy of it all for yourself first), and hand in to the court. The fee is £40 if you have an eviction notice - take the notice with you.

Tygar2 N244 statement.doc

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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Hello. Was just sending you a message when your reply came through - I have had some good news.

 

I had previously called Northern Rock's solicitors (Waller's) to query the type of possession order they had. I then called and asked them to send me a copy of the possession order on their files as Northern Rock are disputing it. They asked why and I told them I was going to court as I had no other option to stop the repossession.

 

Wallers have just called back and said they have spoken to Northern Rock and the eviction has been cancelled! This is due to the error on Northern Rock's part (which I had been trying to explain but was being ignored). They apologised and said a cancellation letter and copy of suspended possession order was to be put in the mail today and gave me a name for reference.

 

The word relief does not describe how I feel! I am also very thankful for all your invaluable help. I could have not done this without you. Thank you.

 

Now just need to chart a way forward. Just called Northern Rock and they are being as aggressive and dismissive as ever but acknowledge the cancellation. Noone there seems to have a clue what happens now.

 

This forum is invaluable and I will definately be making a contribution. CAB does not even come close. Please point me in the right direction for making a contribution.

 

One last time - THANKYOU!:-)

 

Thank you again.

Edited by tygar2
punctuation (correct spelling?)
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