Help Needed

[Ell-enn]

I think you have enough to get the eviction stopped, but you do need to pay the £3k on monday morning as this will show the judge that you are committed to reducing the arrears. You will need to print off the transaction from your bank account so we can affix it to the N244 application.

 

I will start to draft the statement to go with Q.10 of the N244 and will give you instructions for completing the form.

 

In the meantime - take a photocopy of the employer letter and complete the budget sheet as it will have to go with the N244 (print 2 copies of it), also photocopy employer letter. Please confirm when all these are ready.

 

First thing monday morning - pay the £3k, get the proof of payment (2 copies) and then get the doctor's letter (take a photocopy of it as soon as you get it)

[confuseddotcom]

I think you have enough to get the eviction stopped, but you do need to pay the £3k on monday morning as this will show the judge that you are committed to reducing the arrears. You will need to print off the transaction from your bank account so we can affix it to the N244 application.

 

I will start to draft the statement to go with Q.10 of the N244 and will give you instructions for completing the form.

 

In the meantime - take a photocopy of the employer letter and complete the budget sheet as it will have to go with the N244 (print 2 copies of it), also photocopy employer letter. Please confirm when all these are ready.

 

First thing monday morning - pay the £3k, get the proof of payment (2 copies) and then get the doctor's letter (take a photocopy of it as soon as you get it)

 

thank you and we will do all that. There is some info that i will send to you in the morning. The thing is he has really tried hard since september to sort this out and was doing really really well too, he has broken a lot of arrangements but sorted his problems out, meds started working and since then he kept the arrangement the order was for monthly plus 200 he was paying three

[Ell-enn]

Do you have anything in writing regarding the arrangement for £200 and any statements showing he was paying £300

[confuseddotcom]

Do you have anything in writing regarding the arrangement for £200 and any statements showing he was paying £300

Yes and yes !!!!!!!

[Ell-enn]

Excellent !, take photocopies of those also - we're building a nice file for the defence statement You will need to staple a lot of documents together to take to court - do you have a sturdy stapler or lightweight folder that can secure documents together ?

 

Do you have a printer at home?

 

I'll catch up with you again tomorrow so we can get the details confirmed.

[confuseddotcom]

I can sort all that, and yes we have a printer, along with some fight that we did not have until we met you guys, god bless you all, and we me that whatever the outcome

[Ell-enn]

Will you be able to get to the doctors for the letter and then assemble the documents and take into the court on Monday?

[confuseddotcom]

Will you be able to get to the doctors for the letter and then assemble the documents and take into the court on Monday?

 

Yes no problem at all

[Ell-enn]

OK, catch up with you tomorrow

[Ell-enn]

Hi there, I have almost finished your statment - can you confirm you have completed the budget sheet - how much does it show you can pay towards the arrears each month in addition to the normal monthly payment ?

[confuseddotcom]

Hi there, I have almost finished your statment - can you confirm you have completed the budget sheet - how much does it show you can pay towards the arrears each month in addition to the normal monthly payment ?

 

Hi sorry just out with the girls it says we can spare 600 its just mad that we are like this

 

Thanks

[Ell-enn]

Are you sure ? would you mind emailing it to me so I can take a look to see if there's anything you've missed out ? [email protected]

[confuseddotcom]

Are you sure ? would you mind emailing it to me so I can take a look to see if there's anything you've missed out ? [email protected]

 

No probs but will be later just got my mum round, so will do sooner if i can break away. I have been over generous with what we payout to get it down to six

 

Thanks

[confuseddotcom]

Hi ive tried to send it but it wont go, i will try from my husbands account

[confuseddotcom]

No probs but will be later just got my mum round, so will do sooner if i can break away. I have been over generous with what we payout to get it down to six

 

Thanks

Hi

 

Your email address just keeps coming back

[Ell-enn]

you need to take the space out between .co.uk for some reason it shows as .c o.uk in a thread

[confuseddotcom]

you need to take the space out between .co.uk for some reason it shows as .c o.uk in a thread

 

Hi did u get it?

[Ell-enn]

Hi, yes I got your message. Affixed is the statment for Q.10 of the form (I will give you the insructions for the rest of the form in the next post) You need to fill in the information where there are XXX's (the information will be on the eviction warrant) 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 all the Appendices you will be affixing to the statement you need to write the claim number on the top left hand corner and the Appendix number on the top right hand corner. The list of your appendices is as follows:

 

 

Appendix 1 – doctors letter you are collecting on Monday

Appendix 2 - letter from lender stating agreement of extra £200 per month

Appendix 3 – letter from bank regarding fraudulent transaction

Appendix 4 – proof of your payments of extra £300 per month

Appendix 5 – proof of the £3,000 payment you are making on Monday

Appendix 6 – Letters from employer regarding payment via salary etc

Appendix 7 – Budget sheet

 

Now assemble as follows:

N244 completed.

Statement – signed

Appendices 1 – 7 in numerical order.

 

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 yourself before taking the pack to court so you have a copy to refer to in the hearing.

 

You will need to pay a fee of £40 when you hand it in to court and it will have to be in cash. They should be able to give you a date for the hearing while you are there – also ask them if they have any duty legal reps who will be there on the day of your hearing – if you approach them about your case when you get there on the day they can accompany you into the hearing and speak on your behalf.

Confuseddotcom N244 statement.doc

[Ell-enn]

These are the instructions for 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.

 

 

You need to get the documents to the court tomorrow if you are to get a hearing before the eviction date.

[confuseddotcom]

Well, went into the branch to pay the 3k in cash on the way to the court, they refused point blank. They have also said that the amount outstanding includes fees etc and that thats what I signed up to, so we are screwed with that too.

[Lea_HTH]

Make the 3k transfer via your bank account - they cannot refuse it that way, print a receipt/confirmation of transfer for evidence in court. Otherwise ask them to put in writing that they have refused the 3k. If your mobile phone has a recording facility, I would suggest recording the call. You MUST tell them at the very start of the call that you are recording it - if they are smart, they will take the payment, if they are dumb they will tell you that they are refusing it, and because you have informed them you are recording the call (make sure that is also recorded), you will then be free to play the call as evidence in court. No judge will be happy that they have refused efforts to rectify the issue.

 

They cannot tell the court that charges are arrears - they can only state what the actual missed payments are, and will have to separately identify the charges.

Edited January 17, 2012 by Lea_HTH
added info re recording calls

[confuseddotcom]

They have emailed me saying they refused it and that they want the full amount.

[Lea_HTH]

They have emailed me saying they refused it and that they want the full amount.

 

Excellent - lovely evidence for the judge to tell them that they have brought you into court without considering all your efforts to make payment. Print it off and ensure you give the judge a copy - and ask him if he will consider restricting them adding the costs of the hearing to your mortgage account given that they have actively refused, and in writing, to entertain your proposals and have, therefore, not dealt with you in accordance with the pre-action protocol.

[Ell-enn]

Have you got a date for the hearing yet?

[Lea_HTH]

Oops, just realised it's a stay application, so they're not bringing you into court...