2nd Eviction due 14TH AUG

[Abkay]

Hello everyone,

 

I would very much help appreciate any help/advice on the following:

 

Had a suspensed order imposed on my house in Sep 2009 due to arrears. Since then I have maintained payments up til May 2012 when I then missed 2 months payments. I recieved 1st Eviction notice dated for 13 June 2012. I subsequently managed to make this payment on 14th May 2012 and the eviction was stopped by Hamlins c/o Santander.

 

I then missed the June payment (due on 30 June 2012) and received a letter dated 20th July from Hamlins stating they had applied for eviction. I immediately paid the amount due to bring things back in order.

 

Hamlins have however not stopped the eviction (due on 14th August) and have stated the only way to do this is give them 4 months payment in addition to normal payments before 14th August. I have given them my budget/costs and told them I am incapable of giving this amount.

 

The background to all this is that my father had terminal cancer and was in palliative care at home. I had to take unpaid leave to help look after him and thus the first eviction notice came about. I resolved that through friends/family helping to pay off the missed payment. I informed Hamlins about this personal situation at the time. My father died on 20th June 2012 and I was going through a rough patch and missed the payment due on 30 June.

 

The first correspondance I received after this point from Hamlins was the notice dated 20th July that they had applied to the courts to evict.

 

I am at my wits end and Hamlins have made clear they dont want to know - its 4 months payment or bust. The fact that I have made overpayments literally every month since 2009 and that I have a secure job and can afford the repaymenst have fallen on deaf ears.

 

Sorry for the long post but your advice is greatly appreciated.

[havinastella]

Hi and welcome to CAG.

 

I will flag this for one of the site team who is superb in this field.

 

Jogs

[Ell-enn]

Hi there, you can apply to the courts for a hearing in front of a judge to get the eviction stopped. You apply on an N244 form which I can help you with, but will need a little more information:

 

Is the mortgage in joint names?

Are there any children living at the property?

How much are the total arrears?

Are you able to take the N244 form to the court tomorrow? (there will be a £40 fee to pay, which must be in cash).

How long is left on the mortgage term?

[Abkay]

The mortgage is solely in my name.

There are two children living at the property, aged 8 and 11 years.

Total arrears as at 27/07/2012 is £9836.

I can take form N244 + payment to court tomorrow.

There are 237 months left on mortgage.

 

Thank you.

[Ell-enn]

Hi there, I will catch up with you this evening when I get home from work and we can work on the N244. How much can you afford to pay each month towards the arrears? If you complete the affixed budget sheet (it calculates automatically as you fill it in) it will help you decide what is affordable - also we will need to affix it to the N244 so the judge will be able to see how you will afford the payments going forward.

Budget Sheet.xls

[Abkay]

Thank you so much, I will complete the budget sheet now.

[Rocco17]

One thing I would just add to this though is that, if you have not already done so, you might want to consider speaking with the lender directly rather than the solicitors.

 

Not saying that they will definitely be any easier, but they often are, given that they can use more judgement on situations than the solicitors can

[Abkay]

Tried that - they keep on referring me back to Hamlins who only speak in £££.

[Ell-enn]

Hi, have you done the budget sheet yet ?

[Abkay]

Hi, yes I have - do you want to see it (I can send by email if you give your mail) or which figures do you need please?

[Ell-enn]

Hi, you can send it to me at ([email protected]). Let me know when you've sent it so I can look out for it

 

In the meantime I need a little more information:

 

How much is your normal monthly payment and how much extra were you paying towards the arrears each month?

How much were the arrears in September 2009 when you had the suspended order and how much are the arrears now?

Am I right in thinking you brought the agreement up to date by paying the missed June payment in July?

Did you make July's payment?

[Abkay]

Hi, I've sent the spreadsheet through now.

 

Normal monthly payment is £634 and I was paying £75 on top each month as per the suspended order requirements.

Arrears were around £5000. It is now just over £9000. This was due to service charge/maintenance work arrears on my property which the building management company put onto the mortgage through Santander.

I did bring the agreement up to date by paying the missed June payment in July and I have made July's payment.

I am also upto date with ongoing service charge payments (given the fact that previous service charges were transferred to the mortgage arrears) so there will be no further 'additions' to the arrears sum from the building management company.

[Ell-enn]

Surely the service charge etc shouldn't have been added to the arrears??? Arrears are missed contractual monthly mortgage payments - service charges are not mortgage payments. How did they get away with adding it to the arrears? Do you want to bring this up in court and ask the judge to consider it?

[Ell-enn]

How much had the arrears reduced to before they added these charges? when were they added?

[Abkay]

Surely the service charge etc shouldn't have been added to the arrears??? Arrears are missed contractual monthly mortgage payments - service charges are not mortgage payments. How did they get away with adding it to the arrears? Do you want to bring this up in court and ask the judge to consider it?

Apparently the terms of my lease (and most leases) allow them to recover the property on behalf of the freeholder if I don't abide (pay) by it. At this moment in time I don't want to muddy the waters I guess so dont really want to involve the Judge - it is money that I owe and the service charge company's repayment terms are actually very harsh ie personal situations don't count for much.

 

The arrears had reduced to about £3100 before this. The charges were added in April 2012.

[Abkay]

Sorry maybe I misread your point re: service charge - are you saying it should have been added to the overall loan amount (therefore me paying this amount off over the whole remaining term) rather than onto arrears, which need to be paid back asap?

[Ell-enn]

OK, I was just thinking ahead - when you get to the point where you have cleared the real arrears, what is left is the charges which are not arrears - should you miss a payment then they are liable to try and evict - however, we could cross that bridge if it comes to it.

 

Have you emailed the budget sheet yet?

[Ell-enn]

Sorry maybe I misread your point re: service charge - are you saying it should have been added to the overall loan amount (therefore me paying this amount off over the whole remaining term) rather than onto arrears, which need to be paid back asap?

 

Yes that is what I meant

[Abkay]

Budget sheet already sent. Many thanks.

[Ell-enn]

I've not received it yet - can you check the email address [email protected]

 

there's no space between the co.uk - for some reason it always shows a space

[Abkay]

Hi, just sent it again - I took out the space last time as well. Hope it goes through this time - if not maybe I can try from a different email.

[Ell-enn]

OK, I'm assuming you have a printer at home?

 

I have affixed the N244 form you need to print out and fill in as follows: (I will affix the statement for Q.10 in the next post with further instructions)

 

1.Your name

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.

n244_0400.pdf

[Ell-enn]

Hi, just sent it again - I took out the space last time as well. Hope it goes through this time - if not maybe I can try from a different email.

 

Still not received it

[Abkay]

Hi, just sent it again from a completely different email address - none of the emails have bounced back at all so very strange?!

The dash between ell and enn isn't an underscore is it?

[Ell-enn]

No it's not an underscore and it still hasn't come through- if you haven't got your name on the budget sheet you can affix it to a post in this thread and I can take a quick look