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N244 Application to Set Aside Possession Order Royal Bank Of Scotland


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Please help as I am in a situation.

 

In June a possession order for mortgage arrears was granted by a court in Clerkenwell for my flat. I had been unable to attend the hearing because I had been looking after my sick mother for a period of time, and missed the letters informing me of the hearing.

 

 

When I found the letters in early July they were saying to award possession on or before the 12th July. Before that date I filed a N244 form requesting that the order be set aside and a new hearing date be set. I also contacted the lenders solicitors and told them that I wanted to clear my arrears. On the 12th July nothing happened. I contacted the court and they told me that the N244 is waiting to be seen by a Judge. They would write to me when a court date was ready. Yesterday I recieved a letter saying my new hearing date is this Monday 6th August at 15:00.

 

 

1) Is being away looking after a sick relative a good enough reason to have missed a hearing?

 

2) What documentation do I take into the hearing?

 

3) I need some help as to how to craft my response.

 

Thanks in advance

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Are you able to pay the arrears as you informed their solicitors?

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I can but I need a period of time to pay the arrears. There is a 6 year term left on the mortgage, until (28/04/2018). I wanted to pay the arrears spread over this term, together with my monthly payment.

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What was the reason for the arrears?

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OK, I can help you with a statement for the court hearing - what exactly are you going to offer to pay?

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OK, you will need to affix a budget sheet to your statement for court so the judge can see how you are able to afford payments going forward - I have affixed the one we normally use in these cases (it calculates automatically as you fill it in). Let me know when you have done that and we can progress from there. If you would like me to look over your budget sheet you can email it to me ([email protected])

Budget Sheet.xls

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OK, you will need to affix a budget sheet to your statement for court so the judge can see how you are able to afford payments going forward - I have affixed the one we normally use in these cases (it calculates automatically as you fill it in). Let me know when you have done that and we can progress from there. If you would like me to look over your budget sheet you can email it to me ([email protected])

 

 

Thank you very much. I will carefully look at and fill it out.

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Hi, you are showing a great deal of money left over each month, the court would expect you to pay that towards the arrears which are very high.

 

Are you sure your gas and electricity are only £15 per month?

Your food/housekeeping is also very low.

You haven't shown anything for household repairs, TV licence, health costs or birthday/Christmas presents

Do you have any credit cards?

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Hi, you are showing a great deal of money left over each month, the court would expect you to pay that towards the arrears which are very high.

 

Are you sure your gas and electricity are only £15 per month?

Your food/housekeeping is also very low.

You haven't shown anything for household repairs, TV licence, health costs or birthday/Christmas presents

Do you have any credit cards?

 

That's true, there were some things that I left out, I'll check properly on the unfilled entries.

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I've seen it and replied.

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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