Assistance reference Eviction hearing

[MEAH1823]

Hi

 

I have received an eviction notice for 10 May 2012, and have managed to get a hearing on N244 on Friday 04 May 2012 at 1030. I could really do with some assistance for my defence.

 

My circumstances have changed slightly and I have offered the company (GE Money) the monthly payment and £200 a month towards the arrears and they have not even responded to my letter.

 

Also, my daughter is right in the middle of her GCSEs and this would likley knock her off track and ruin her future.

 

Any assistance would be gratefully received.

[padja]

Is this the first eviction notice? The reason I ask is normally the judge will suspend the eviction at first notice to allow you an opportunity to repay the arrears, (however this is not guaranteed and shouldn't be relied upon its just in my experience this happens) Have you called or spoken to Shelter? if not I would call them straight away, they will make sure you have representation. If it is the first hearing normally your rep and GE rep will probably get an agreement before court appearance and then it goes before judge who will grant the eviction but suspend it whilst you keep to arrangement. So I would ring Shelter 0808 800 4444 (its free from most phones including mobiles). The advice I have given is from my experience dealing with different companies/HA's. I dont know how aggressive GE Money so get some advice from Shelter

[ims21]

Thread moved to Home Repo forum

[Conniff]

They have to have a good case to get a repo especially if you can show that you can afford to pay something off the arrears.

 

If this is your first appearance and you have written as you say with an offer, it is very likely that they wont even show up knowing that the judge will accept your offer.

 

Don't offer £200 if it is tight and you are likely to default on it, offer half that much and take an income and expenses sheet with you.

[MEAH1823]

Padja

 

Many thanks for your response, yes this is a first eviction notice, I will call Shelter today.

 

I have also offered them the money direct from source out of my wages to see if this makes any difference.

[Conniff]

It is very unlikely they will withdraw the summons leaving you completely clear, so don't offer too much to them, you have to live still.

[Ell-enn]

Hi there, how much are the arrears?

 

What did you put in Q.10 of the N244 you submitted to court (I'm assuming you kept a copy for yourself?)

Also, did you keep a copy of the letter you sent to them? and was it sent recorded delivery?

[MEAH1823]

The arrears are quite large (15,000) although there is still 8 years left to pay. I did keep a copy of all letters I have sent, and I also faxed it across to them.

 

In the Q10, I put about the offer I have made, and that they have not responded, that our circumstances have changed which will enable us to pay more each month, about the offer to have it taken from source and my daughters exams.

[Ell-enn]

Did you affix a budget sheet so the judge can see how you will afford the payments? also, did you quote the Norgan case law?

[MEAH1823]

I did attach a budget form which proved that we could afford the proposals that I put forward, but have not heard of the Norgan case law before.

[Ell-enn]

OK, the Cheltenham & Gloucester v Norgan case law allows the judge to consider payment of the arrears over the remaining lifetime of the mortgage. Lenders usually want arrears cleared much quicker than that so you really need to include it. I can draft a statement for you to take to the hearing with you if you'd like. Also, did you affix copies of the letter to the N244 ?

 

 

who is the lender?

[MEAH1823]

Ell-enn

 

I did affix a copy of the letter to the N244 when I submitted it.

 

The lenders are GE Money and yes a draft letter would be amazing as I don't know where to start.

 

I feel as if a weight has been taken off me just contacting you. Many thanks to all of you for your assistance.

[Ell-enn]

Hi, OK will need a bit more info:)

 

 

are there any late payment charges included in the £15k arrears ?

 

what was the reason for the arrears?

 

how many children do you have living at home?

 

is the mortgage in joint names?

[MEAH1823]

Here goes, are there any late payment charges included in the £15k arrears ? - there are about £4000 payment charges

what was the reason for the arrears? - originally due to an incorrectly set up direct debit, but then we had some money problems that added to it,

how many children do you have living at home? - we have two children living at home, although one in 18 next month.

is the mortgage in joint names? - yes the mortgage is in the name of both myself and my husband.

I don't know if it makes any difference, but this is a second mortgage, they both have 8 years left and together come to @£120,000. The house itself at the moment is worth @£165,000 (this is based on the price of a smaller property in our street that sold this month).

Edited April 30, 2012 by Conniff

[Ell-enn]

Do you have any proof of the incorrectly set up DD - was it their fault?

 

Also the judge will probably want to know what the "money problems" were.

[padja]

Have we heard how this went on friday may 4th?

[MEAH1823]

This went absolutely fine. The judge rejected the eviction as GE Money's possession order was incorrect and stated that I had no arrears, so therefore there was no reason to evict us.We have now come to an agreement that we are both happy with.