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Hello would appreciate any last minute input/help.

 

Had order For Sale on my property for unpaid council tax in March. Total owed is now £15,000 which include all kinds of costs.

 

Offered payment of £1,000 per month. Fell into arrears but have now paid all owed arrears.

 

However claimant has now decided they are no longer interested in monthly payment and have sent a letter for a Warrant of Possesion which was received last week as I'm based abroad.

 

Been on the phone negotiating with them all week and they are insisting on full payment or eviction will go ahead tomorrow.

 

At a loss of what to do i called the court for some info and they suggested I come and submit a form N244. I dashed to the court and made it with 5 mins to spare. Basically asked to stop the order and be allowed to coninue making payments and consider that arrears cleared and have a wife and 2 young children at risk of being made homeless.

 

I have been given a hearing date for tomorrow morning.

 

All input appreciated.

 

Thanks

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Did you affix any proof of your income and expenditure and explain why the payments were missed? Who is the Claimant ?

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Thanx for the reply Ell-enn.

 

No I didn't affix proof due to time. I have read advice here and updated a previous one I had done and printed copies for tomorrow.

 

I mentioned there were arrears which are now up to date but time was short and mind muddled so didnt go into reason for arrears.

 

Basically trying to raise the amount which is quite substantial ie £4,000.

 

Claimant is Barnet Council.

 

I can also show proof of some extra bulk amount having received payment for a sold car today if that will help sway the court.

 

Any further thoughts?

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You need to take as much proof of your ability to pay as you can. Hope it goes OK for you.

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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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Whew what a day.

 

Well I got to the Court nice and early.. Spoke to a helpful young Duty Solicitor who gave same advice re proof of ability to pay.

 

Also advised I speak to the Claimants Solitor before we had to go in Court. *

 

Asked the Usher if he knew who it was, he paged for whoever it *was to come to the front desk.

 

Found out 5 mins b4 we were called in that they had simply sent a letter to the Court.

 

Walked in front of female District Judge, greeted her and first thing she asked is whether I had seen the letter they sent to the Court?

 

I said no, so she asked me to come forward and she allowed me a minute to read the evil and desperate letter they had sent in.

 

Fact is they really thought eviction would go ahead and were dead certain they would evict as I had tried to convince them to reach an agreement with me up to 1pm yday but they were adamant on full payment.

 

I guess they didn't expect my last minute mad dash to the Court to restrain them from ever stepping foot on my property.

 

Letter was as evil and vindictive as they come. *Telling court I live abroad, property is on commercial terms, giving a suspended sentence would mean I had got what I wanted ie evading payment blah blah blah.

 

Read it quickly and said to the judge, "I can clarify everything"

 

Proceeded to sit down and we began:

 

*I must mention that On arrival at *Court i sent in proof of all payments to date and proof of funds to continue making monthly payments as of when due and my budget sheet, to be included in the case file in front of the Judge.

 

Judge asked me to clarify issues they had raised in the letter, I explained as briefly as I could the complexities of my case, she asked how much the rent was and how much mortgage I paid etc. *I then told her due to my wife having had a baby in the last year and being off work plus with the payments due to clear the debt we have had to make lifestyle adjustments which includes moving back into my property.

 

Next thing she was concerned with was how much I had paid so far and to explain arrears. I told her arrears were as a result of the difficult economic climate and in my case compounded by the fact that the Claimant had bankrupted me without my knowledge which however I got annulled. *

 

I confirmed the dates of payments of ALL arrears, copies of the proof I pointed out were in front of her and she referred to these documents. *I also said as soon as had difficulty raising the initial payment I was on the phone to the claimants solicitor. *This demonstrated that I was in no way attempting to evade payment of the said debt.

 

Her next order of business was to find out how much I was ready to pay to the claimant as a lump sum if she was going to suspend the warrant. I explained the financial burden a lump sum would place on my family being the sole bread winner but she was looking for commitment. Pushed between the devil and the blue sea I conceded to pay of just less than half of the outstanding balance and she ordered I be allowed to continue repaying the balance at the rate of £1,000 per month, which is the relief I sought plus warrant suspended!!

 

In the end a good and positive outcome for me thanx again largely to the support of people on here and reading through similar threads.

If ur faced with such problems cannot emphasize enough how important it is to do your research and be prepared.

 

For me the personal highlight of the day was reading that letter from the claimants solicitor which came across as totally desperate and obviously penned in extreme haste as they thought I'd be on the phone come this morning begging them to give me back my house on their terms.

 

Law firms such as the one I am battling with are plain and simple rogues and give the legal profession a bad name, they love nothing more than to take over properties such as mine that have a bit of equity and take u to the cleaners with their outlandish "costs" of disposing of your hard earned property.

 

Today I said not on ur life mate. *Bloody idiots don't know the amount of sacrifice I had to make to acquire the property in the first place.

 

Here ends my rant, maybe next time they'll hire properly qualified lawyers to deal with such matters and not some semi illiterate so called "legal executive" pawn to do their evil bidding!

 

Good night and a BIG thank you @CAG.*

 

 

 

 

 

 

 

Sent from my iPad Deux

Edited by d5xs
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Great result, they trip themselves up at the last hurdle with a vexatious letter what more can be said Superb :-):-)

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Excellent result - well done :) you should be very pround of yourself for standing up to them.

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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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