eviction notice after suspended possession order in 2006

[attdt25]

please help

our mortgage with future was sold to engage credit last year. at the time we had just stopped future from repossessing us by paying a lump sum as we had accrued some arrears on the court order, we have now been issued with an eviction notice for two weeks time , engage wanted bank statements wage slips etc ,which i supplied and made an additional monthly offer , they refused this so i offered a lump sum which they refused also ,we have been given 2 different arrears amounts which they say is from the date of the suspnded possession order we had in 2006, can they go that far back as they only took over our mortgage last september ?

if i appy for a n244 what chance do we have of saving our home ?

urgent advice needed asap please

Edited November 4, 2011 by attdt25

[Ell-enn]

Do you need help with the N244?

[attdt25]

i have done the n244 and have a hearing on friday ,really worried what are my chances of keeping my home , we have paid all but 1 full payment in the last 12months and missed around 4 of the extra paymnets on top , we have not had a breakdown of how they come to the arrears figure which we ahve asked for.

this in the last year accounts to about £550 yet they want £3041 stating this is from when first suspended order in 2006 they only brought this mortgage in september last year

please advise asap

[Ell-enn]

What did you put in Q.10 of the N244 ? did you keep a copy of the N244

[attdt25]

i kept a copy i explained my husbands mother had a stroke three weeks later his father had heart attack and the extra pressure supporting them ,hospital etc made us behind ,we always except 1 made the monthly payment but did not pay the extra £50 per month, we paid extra some months to compensate this we offered a lump sum payment of firstly £1000 and then £1500 plus addition monthly payment of £100 this was all refused, we have had 2 different arrears amounts and asked for engage to send us details how they have reached this amount,we have not recieved this they told us to check our yearly statements

[Ell-enn]

Did you ask for the Norgan case law to be taken into account? and did you affix a budget sheet to show the judge how you are going to afford the payments going forward ?

[attdt25]

i have a budget sheet to complete have not included the norgan case,?

[Ell-enn]

Are you intending to take the budget sheet to court ? Did you say in the N244 that you had made all but one payment in the last 12 months ?

[attdt25]

yes, i have already submitted 1 to engage, i was not sure regarding payments when filled in n244 but since have downloaded statement from bank which i will take to court along with payslips

[Ell-enn]

Did you keep a copy of the budget sheet you sent to engage ? was it the budget sheet from this site ?

[attdt25]

no it was 1 engage sent me i know that from the budget sheet i did with them the £100 extra i offered was affordable ,i will duplicate that or could you advise where the i is off the site as i want it to be right

[Ell-enn]

I have affixed the budget sheet we normally use in these circumstances. It calculates automatically as you fill it in. You really ought to take a witness statement along to the court with you tomorrow to hand to the judge - this would comprise of the budget sheet and copies of payslips (so you have a printer at home that can take copies?). I can draft you a statement but we need to work quickly.

 

Do you know if your court has free legal advisors on duty tomorrow ?

Budget Sheet.xls

[attdt25]

i will be using nottingham law centre ,they work at the court and i saw them when i submitted the n244 she has told me to bring income proof and income/expenditure sheet

[Ell-enn]

Is the mortgage in joint names ? Do you have any children living in the property ?

[attdt25]

mortgage in joint names 18 year old daughter at home going to college

[Ell-enn]

Affixed is the statement – you need to fill in the information where there are XXX's (the information will be on the eviction warrant) When you print it out the printer needs to be set for A4 paper (not Letter size) so it all fits on one page. You need to affix the completed budget sheet to the statement. You will need 3 copies, one for the judge, one for the other side and one for yourselves to refer to in the hearing. (you should also take along your copy of the N244)

 

When you get into the hearing, the judge will address you first as it's your application – don't interrupt him/her, but when he/she has finished speaking say “Sir/Madam, may I give you an up to date statement” then just hand it over. Give one to the other side at the same time.

attdt25 statement for court.doc