Eviction on 2nd June! help please! *Eviction Stopped*

[maverick39]

I am due to be evicted on the 2nd June.

Managed to stave off an eviction on 23rd March with a lump sum payment of 7k against arrears of approx 13k. i had requested a hearing (which was scheduled for the day of eviction) and after that didn't take place i didn't attend a resceduled one, resulting in the current scenario.

Now RBS have refused to budge on any offer, first telling me i had to pay double each month to clear the outstanding arrears and now telling me it has to be the full amount lump sum!!

My wife and i have 3 children under 11, and both work.

I have researched fairly extensively, and would like to submit an application for a hearing on the basis of the Norgan Ruling. There are no available funds after clearing my parents out of all their savings, with no prospect of raising anymore.

I find it very inconsiderate that RBS are not prepared to budge on the lump sum required, 2 months after receiving 7k and telling me there would be no eviction!

Any advice gratefully recieved.

 

Paul

[Ell-enn]

Hi there, as you know, you need to enter an N244 at court to get a hearing.

Why did you not attend the rescheduled hearing - and why was it rescheduled? was the hearing rescheduled at RBS request?

 

After paying the £7k, did you make an offer to them to clear the arrears by monthly installments?

 

How much are you actually able to afford to pay towards the arrears erach month in addition to your normal monthly payment? I have affixed a budget sheet for you to complete which you will need to affix to the N244 form so the judge can see how you will afford to pay. The amount you are offering to pay towards the arrears each month is the amount left over after everything else has been accounted for (in Box C).

 

If you need help with the statement for Q.10 of the N244 please let me know and I'll draft one for you. You will need to get the form to court either later today or tomorrow if you are to get a hearing before the eviction date (remember there is a bank holiday on Monday).

Budget Sheet.xls

n244_0400[1].pdf

[maverick39]

Hi, thanks for your reply.......

The original hearing was scheduled for the morning of the eviction, and without any time to cancel it (and it was not needed as eviction was off) after contacting the lenders solicitor, they told me there was nothing to worry about.

I didn't attend the re-scheduled hearing as i only had short notice, and the lender said to call them to cancel if needed, and as i considered it a hearing to stop an eviction i didn't see a need to go. Obviously a big mistake!!

 

I made an offer of an extra 200 per month, on top of 552 normal payment. They initially said they wanted 1000 in total per month, and then said they want everything! This is an amount we can afford.

 

Any help with the statement is greatly appreciated, looking to get forms in asap tomorrow am.

 

Thanks

[Ell-enn]

OK, fill in the budget sheet and I'll draft up a statement to go with Q.10 of the form.

 

Need a bit more info:

Have you made payments since the eviction was cancelled ?

Is the mortgage in joint names?

Are there any arrears charges included in the arrears figure?

 

These are the instructions for the rest of the form:

 

1.Names

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 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.

I'll get back to you with the statement when you have answered the above questions.

[maverick39]

Hi, Apologies for delay, been working on some last ditch family finance, but thats not looking good now!

Would like to submit N244 this afternoon.

We have made no payments since eviction cancelled, but have the money to if needed.Reason for this was their ridiculous request for over 1000 per month going forward, to clear the debt.

There are no arrears charges applied to the account.

 

Thanks for your patience on this

[maverick39]

Result!!!!!

Went to court this morning and ended up in there for about 30 mins! The judge did give us a hard time about the arrears, and the claimant was sharpening his knife for us, then the following happened................................

I was adamant that the original hearing (on eviction day, 24th march) was cancelled by the claimant RBS following a phone call on the 23rd march, their representative proceeded to relay transcripts of communication allegedly between ourselves saying that it was never cancelled and that i simply failed to attend.

At this point the judge literally threw a letter from RBS solicitors across the table to him where it clearly stated they had cancelled!! The judge was very annoyed that we were even there and that an eviction was due to take place tomorrow as there shouldn't have even been one!

We got a £50 arrears payment per month over 8 years.

RBS must feel a little stupid now

[sillygirl1]

Congratulations, proves that these companies do not know how to stop the ball from rolling once it is in action.... I would love to have seen their legal bods face when the document was thrown at them!

[Ell-enn]

Excellent, well done