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Behind on payments of court order


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I am a little behind on payments due on a court order that was made after a warrant of possession was ordered at the beginning of the year.

 

For the most part my payments have been in full and on time. However I havent been able to maintain the last two months. It is money I will be able to pay and catch up on in the next two months but the mortgage company have decided to go in for another warrant of possession.

 

My question is if this is if payments are all up to date by the time they have got it all ready to go to court will they still be able to go for the order?

 

Any advice appreciated. Thanks

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Have you put your offer in writing to the lender? if not, then you should do so as a matter of urgency and send by recorded delivery. Then if they do issue a warrant for eviction you can show the judge you tried to come to an arrangement with them.

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I am a little behind on payments due on a court order that was made after a warrant of possession was ordered at the beginning of the year.

 

For the most part my payments have been in full and on time. However I havent been able to maintain the last two months. It is money I will be able to pay and catch up on in the next two months but the mortgage company have decided to go in for another warrant of possession.

 

My question is if this is if payments are all up to date by the time they have got it all ready to go to court will they still be able to go for the order?

 

Any advice appreciated. Thanks

 

If what you actually mean is that they already have a suspended possession order and they are going for a warrant of execution, then they don't have to do anything to 'get ready' for court - they simply have to apply for the warrant, and you will receive a notice of eviction. If, before the eviction is due to be effected, you have brought your agreement up to date, then you can put in a stay application.

 

Can you clarify - do they already have a suspended possession order?

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I remember helping you with your case last year and again this year when you defendeds a warrant for possession http://www.consumeractiongroup.co.uk/forum/showthread.php?268373-Warrant-of-possession/page3

 

As Leah has said, if and when you receive an eviction warrant you will once again have to enter an N244 at court to get a hearing to ask for the eviction to be stopped. Follow the same instructions as on your previous thread and amend the statement to reflect the current situation. If you need help let us know.

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Hi Ell-enn

 

Yes thats right you were fantastic. They have applied for the warrant yesterday so I expect the eviction date will be through in the next 14 days?

 

I will then fill in that form again. The annoying thing is it will be up to date by the time it goes to court and that I will fight it till the end. If the order is up to date is there a good chance it will get suspended again or realistically is this now a big ask of the court?

 

If the court says reposess - is that it? Or are there any other ways of fighting it?

 

Thank you so much for all your help and advice

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If the payments under the order are up to date by the time you get a hearing, you will have a good chance of getting the eviction stopped. How many times have you defended eviction ?

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  • 4 weeks later...

Hi Ell-enn

 

We have recieved the notice of eviction for the 4th October. Would you be able to help us defend again?

 

A few details:

2 children at the property.

Full payments plus £250 towards arrears were maintained until March of this year. Further payments of 500.00 and 75.32 were made in May.

 

Not being able to pay was due to demand for supply teaching dropping off during GCSE's A Levels - This problem has now been solved as I have entered into a scheme which will provide holiday pay and also enables you to 'draw' money down (with a months notice) when you are not working. Obviously you do pay in monthly to this but it does offer a more stable income for supply teachers.

 

Payments made recently: £750.00, and £1040.32 meaning we are currently behind on the court order by £3876.28. I am hoping to find over half of this in the next week from sale of car etc.

 

The rest of our details remain the same as the last time. Our income and expenditure are the same.

 

I dont know what our chances will be of stopping it this time. The judge told us it was borderline last time but thats not going to stop me trying. Thank you for any help you can give. x

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Hi there, first thing to do is fill in the affixed budget sheet (it calculates automatically as you enter the figures), you will need to affix it to an N244 form to get a hearing. You will also need proof of the paymnents you have made recently - can you print them off?

 

I will help you with a statement to go with the N244 as soon as you let me know you have completed the budget sheet.

Budget Sheet.xls

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Yes that's correct

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Hi Ell enn

 

Did you get the email replying to you?

 

I am hoping to get N244 in today, Will there still be enough time for a hearing - eviction is next Tuesday 4th of October. Starting to panic again.

 

Thank you for all your help

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I'll try and help you this morning if I can but I am at work so may be intermittantly on the site. I'll take a look for your email

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I've read your email and replied.

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Have you done a statement for Q10 of the form?

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No I left it blank and said to be attached.

 

 

???????????? have you done a statement to be attached ? you can't take it to the court without one.

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Oh no I wouldnt take it without one, sorry I meant I had just ticked the attached box on the form. :oops:

 

Do I need to include in the statement all the information you put in previously relating to charges and also to them not being willing to swap to interest only? or should it just be current relating to work etc?

 

Many thanks

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It should reflect the current situation, but you still need the Norgan case law and Administration of Justice quoted.

 

You also need to list payments made recently.

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Hi Ell enn

 

Just called the court as waiting on a letter from employer for hubby to confirm his employment with them. They said it may not be heard at my local court may be heard at ones nearby but that the hearing would likely be on either Friday or Monday.

 

So for my statement so far I have included

1. Why the arrears arose (as per original) but including recent corrospondence with mortgage companies solicitors who have not responded to my offers. Copy of recent payments made.

 

2. The employment situation

 

3. Children at property

 

4. The charges that are still being added

 

and lastly respectfully asking them to suspend.

 

In my appendix I have (or will have)

 

1. Budget sheet

2. Copies of payments

3. Letter from employers

4. Charges summary - mortgage statements etc

 

Is there anything else I can add.

 

Thanks

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  • We respectfully ask the court to take into account the case of Cheltenham and Gloucester v Norgan when considering our offer of payment and also s.36 of the Administration of Justice Act 1970.

Use your last statement as a basis for setting out this new one.

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Ok so we put in the form this morning and the hearing is Friday at 9.55am - first hearing of the day.

 

I will be making further payments by then so will print off bank statements to take along.

 

My hubbys boss has offered to come along to reassure the court we will make payments - I have no idea if this is ok or not?

 

Any other advice appreciated. Thanks x

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What a lovely boss your OH has!!!!! It certainly wouldnt hurt, I had a friend come with me and the judge only really addressed her when we were finished and said something along the lines of "I am sure your friend will keep you in line!" it was actually quite reassuring.

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