FirstPlus - Eviction Warrant Again *EVICTION SUSPENDED*

[kazma]

FirstPlus have issued us with an eviction warrant for 31st August. We fell behind with our payments in May due to a mix up with my husbands wages. We have been trying to come to an arrangement with FirstPlus/Eversheds for over a week and all they want is the full amount of the arrears £9200 in total. We cannot pay this is one go. We have the money to pay the last 3 months which we have missed and I'll be able to make a payment at the end of August as normal.I'm about to complete and N244 form to hopefully stop the eviction but I need a bit of help with the witness statement.We have had nothing but problems with FirstPlus. We won a refund of PPI throught the FOS. we have had this put to the account although FirstPlus would only put the refund of the actual payments to the arrears and not the full refund we had, if they had done this we would hardly have any arrears. Do I mention this in the statement ?We have never had an official statement of account from them, the only we have is from Eversheds which they where using as part of their defense the last time we where in court. Do I also mention this ?Any help would be appreciatedK

[Crocdoc]

Personally, I would contact Shelter for assistance. They have a great deal of expertise in this field.

[Ell-enn]

Hi there, I can help youwith the statement, but I'm at work at the moment - are you able to get on line later ?

[kazma]

Yes, I'll be online later, probably after 9pm thoughK

I've got the N244 form completed, I've also got quite a few e-mails but I'm pretty sure the judge wouldn't want to waste time reading them all.I've also got a reply for the FOS who are still reviewing the case as FirstPlus, as far as we are concerned have not provided us with a full breakdown of the ppi refund or anything else for that matterK

[kazma]

Hi Ell-enn

Not sure if you are on-line but have you had chance to help with our statement.

We are going to put the form into court first thing tomorrow, we are away Thurs/Fri so hopefully we can get a hearing either early Thursday if not it will need to be Tuesday, which will mean only my husband can go as I'll be at work.

 

K

[Ell-enn]

Hi, you say you have the money to pay the last 3 month payments which you missed - have you made this payment yet? It would help your case enormously if you could show you have brought the payments up to date?

[kazma]

I've not made it as I was trying to get an answer from Firstplus/Eversheds to what they would accept to stop the eviction. I offered the 3 months payments and then keeping with the contactual payments plus the extra set by the courts with that pament being made by the end of August but they wouldn't accept that.

[Ell-enn]

They cannot refuse to take a payment from you - you should ring them in the morning and make the payment over the phone. You will then be able to take proof of the payment to the hearing to show the judge - this will help your case.

 

Affixed is a budget sheet which you need to fill in and affix to the N244 form. I have also affixed a N244 form.

 

Can you answer the following:

 

1. Is the mortgage in joint names?

2. Do you have any children living at home?

3. What was the reason for the arrears?

4. What does this mean ? We won a refund of PPI throught the FOS. we have had this put to the account although FirstPlus would only put the refund of the actual payments to the arrears and not the full refund we had, if they had done this we would hardly have any arrears.

Budget Sheet.xls

n244_0400[1].pdf

[kazma]

The mortgage is in joint names

No children

Arrears because my husbands employment made a mistake with his wages and have only just sorted them, all due to the all the bank holidays we had in May (they always make mistakes when a bank holiday is involved)

We won mis selling through the FOS. We got a full refund of the PPI plus interest. They interest was paid to ourselves via a cheque. The actual payments we had made to FP for the PPI went against the arrears but the rest (to put us in a position of not having ppi) went against the capital rather than the arrears

[kazma]

I spoke to FP last Thursday and they said I should phone Clarity who the account was now with, so I phone Clarity and they told me they didn't have the account and I should speak to Eversheds. I did this and they only said what they had put in their emails that they where waiting for FirstPlus to respond.

[Ell-enn]

Did you use the cheque you got for the PPi interest to reduce the arrears?

[kazma]

No we had a few other bills to sort out. It only amounted to £500

[Ell-enn]

I have affixed a budget sheet which you need to complete (it calculates automatically) and attach to the N244 so the judge can see how you will afford the payments going forward. An N244 form is affixed too, and the instructions for completing it are below.

 

Make the 3 months payment in the morning - I have included that information in your statement which is affixed (you can then get printed proof of the payment to take to the hearing with you).

You need to fill in the information where there are XXX's (remove the xxx's) read it through carefully to make sure all the info is correct When you print it out the printer needs to be set for A4 paper (not Letter size) so it all fits on one page.

 

On the budget sheet write the Claim number on the top left hand corner and Appendix 1 on the top right hand corner.

 

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

 

1.Your 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

Sign and cross out all options except Applicant

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

 

Now assemble as follows:

N244 - signed

Statement - signed

Budget sheet – Appendix 1

 

This forms the pack to take to court. Make sure it is stapled securely together. You will need to take a photocopy of it all for yourselves so you have a set to refer to in the hearing. When you take it to the court you will need to pay a fee of £40.00 and it will need to be in cash. The court staff should be able to give you a date for the hearing while you are there

Budget Sheet.xls

n244_0400[1].pdf

Kazma N244 Statement.doc

[kazma]

Thanks for this, I'll get everything done tomorrow, hopefully we can get an hearing early Thursday as we are away then until Sunday, otherwise it will have to be Tuesday because of the bank holiday.

[Ell-enn]

OK, let us know when the hearing is - I doubt if it will be Thursday though. If you are on internet banking, get a print out of the payment you are making in the morning so you can take it to the hearing with you.

[kazma]

Husband went to court this morning, I couldn't make it as needed in work.He said rep for FP really pulled out all the stops even down to saying we had the witness statement professionally done and that at the currently payment the arrears would not be paid off by the end of the loan and we had already had the PPI refund put against them.The judge pointed out that if we paid the £1128 then yes the arrears would be paid off by the end of the loan and also noted that the account was still under review at the FOS (I put this in the witness statement as I had an e-mail from the FOS confirming this).Husband said judge wasn't really taking any nonsense from FP.Anyway, eviction suspended on that we pay the £1128 by 4pm on Friday (I've already done this via faster payment this morning) and the next payment payment is due at the end of SeptemberThanks for all your helpK

[Ell-enn]

Great news, well done:) you just need to ensure you make the payments on time or they'll issue another eviction warrant.

 

Nice to know they think you had the witness statement professionally done - but why on earth did the numpty from FP think that would be a problem? you are entitled to get any help you can with defending your case!