Eviction Tuesday 11th October - HELP!!! - Eviction stopped

[Ell-enn]

I've done a statement for you - will post on here later, hope you pick it up.

[nikkinono]

Hi Ell-enn

 

Yes we will take the statement with us. Thank you all for the advice. I know that we still have to be on our guard and its not sorted properly until we have been to court. I will let you know the outcome. I will print the statement off and take it with us when we go on Monday.

 

I will let you know the outcome.

 

Thanks for all your help and advice up to this point!!!

 

Nikki

[Ell-enn]

Hi, I have to out for a few hours, can you get online this evening to pick up the statement and instructions? Did you make copies of the documents I mentioned in post 21 ? You will need those to attach to the statement.

[Ell-enn]

Affixed is the statement for Q.10 – you need to fill in the information where there are XXX's both at the top of the statement and also in some of the paragraphs (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.

 

Now assemble as follows:

Statement – signed

Appendix 1 – proof of your dad's disability

Appendix 2 – proof of your mum's employment

Appendix 3 – details of interest payments made direct to lender

Appendix 4 – budget sheet

 

This forms the pack to take to court. Make sure it is stapled securely together. You will need to take 3 sets of the pack to court with you, one for the judge, one for the other side and one for yourselves to refer to in the hearing..

 

When you get to the court ask if there are any duty legal reps attending, if there are approach them and ask for their assistance, they can accompany you into court and support your case.

 

As this is your application for a hearing, the judge will address you first, don't interrupt him/her, wait until they have finished speaking and then say “Sir (or Madam) may I please give you an up to date statement” and then just hand it over. Give a set to the other side's rep at the same time.

 

 

When the judge sees your statement and appendices I'm sure you won't have any trouble getting the eviction cancelled.

Nikkinono N244 Statement.doc

[nikkinono]

Hi Ell-enn

 

Thanks very much for all our help. Got everything ready... will you you informed of the outome.

 

thanks

 

Nikki

[nikkinono]

Hi

 

everything went well today NR did not oppose the suspended order and the judge ordered my parents to pay less than they offered. Thanks for you help everyone!!!

[Ell-enn]

Excellent news, well done

[rebel11]

Well done and 'E' & co:-)

[nikkinono]

As you will be able to see from the thread below, we managed to stop an eviction on my parents property in 2011.... well, today, we got another evictioon notice....After the hearing and order for reposession, everything was fine. payments made, no problems... until December 2013!!!In the intervening period since 2011, my Mum has been diagnosed with breast cancer. She has had two successful operations and a course of chemo and radium therapy. She managed to stay in work for some of the time, but, of course, when too unwell, went off sick. We could not sell the house at this time. My mother was too unwell, and we didn't want her to have that stress, so we battled through, and have kept up the repayments as NRAM were not a bit interested in my parents situation. This was until December 2013. We missed a payment off the mortgage... a total of £50 which we paid immediately. We didnt realise it was short as we had been paying bit by bit in December due to a shortage of money!! They have gone straight for possession. Today, we have recieved an eviction notice for Febraury 20th. Again, i am really concerned. My Mum has now returned to work, working 30hrs a week so they are in a much better financial situation. My fathers situation remains the same, he is very physically and mentally unwell. they have the house on the market, priced realistically to sell ( 15K under the value). This has only just gone on the market. My question is - as they have a suspended eviction order, can they just take the house? We are in contact with NRAM, who are considering a new proposal... but i am worried they will say no, and my parents will be homeless!!! can i complete a N244? What do i do?Please help, any advice would be great.... Thanks x

[sequenci]

Hello there,

 

You can absolutely complete the n244 to ask for the eviction warrant to be suspended. You'll need to submit a financial statement which demonstrates that you can pay the mortgage plus a little towards the arrears. Alternativy, you could *try* and see if you can suspend the warrant to give you time to sell the property - some judges are more generous when it comes to things like this than others. It's correct that they can go straight to eviction, but you still have options - and whatever you do - please evensure that you make the court aware of the cirmcumstances that surround your case. I REALLY hope that your mother is OK.

 

- Seq.

[nikkinono]

Hello there,

 

You can absolutely complete the n244 to ask for the eviction warrant to be suspended. You'll need to submit a financial statement which demonstrates that you can pay the mortgage plus a little towards the arrears. Alternativy, you could *try* and see if you can suspend the warrant to give you time to sell the property - some judges are more generous when it comes to things like this than others. It's correct that they can go straight to eviction, but you still have options - and whatever you do - please evensure that you make the court aware of the cirmcumstances that surround your case. I REALLY hope that your mother is OK.

 

- Seq.

 

Thank you for your prompt reply. I will get the ball rolling with the N244. I am really hopeful we can sort it out prior to court, but NRAM really are useless... i have rang numerous times daily, as they have permission to speak to me in regard to the account. i am constantly re-telling the story, and i have been going round in circles! Not holding much hope out for them sorting it out. My Mum is an absolute fighter, and will get through this. I just hope I can help her to fight this battle!!!Do you think that i could use the template which ellen kindly did for me in 2011, and just make a few changes.?

[Ell-enn]

Hi there, if you are able to adapt the statement you used in 2011 then do so - if not, please let me know if you require any help at all. It would be helpful if you had any medical evidence of your mum's condition and also proof of all payments made since the suspended court order. It's unbelievable that, having made continuous payments for over 2 years they would go for eviction after a small missed sum ! Did they not write giving notice they would be applying for eviction ?