2nd Eviction due 14TH AUG

[Abkay]

Hope it's attached.

Budget.xls

[Ell-enn]

Hi - the budget sheet shows you have £153 left over each month (Box E), the lender may argue that you should pay that towards the arrears - do you have any credit cards that you need to pay each month or car loan etc?

[Abkay]

No other loans but if anything I have underestimated food/household by around £60/month and I didn't add alarm system cost of £25/month.

[Ell-enn]

You probably need to put something in for holidays too.

 

No credit card?

 

You need to remember that whatever is left in Box E could be argued that it should go towards the arrears. Is your salary figure what you take home? (i.e. after tax)

[Abkay]

No card but holidays would be £60+per month.

[Ell-enn]

OK, I'm just concerned that given the level of arrears (£9k+) the court might order a higher monthly payment - sometimes a judge will think you should cut down on non essentials. It might be better to offer £100 per month instead of £75?

 

Do you have to pay for child minding during the school holidays?

[Abkay]

I'm actually ok with £100. We do have childminding which is due to me working and my partner studying - I understand what you are saying and can revise the budget once I work it out. What would you suggest the next step is now? Many thanks.

[Ell-enn]

OK - you just need to revise the budget sheet. Affixed is the statement for Q.10 of the N244 - you need to fill in the information where there are XXX's at the top of the statement (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 the Budget sheet write the claim number on the top left hand corner and Appendix 1 on the top right hand corner.

 

Now assemble as follows:

N244 completed.

Statement – signed

Appendix 1 – Budget sheet

 

This forms the pack to take to court. Make sure it is stapled securely together. Before handing in to court take a copy of it all for yourself to refer to in the hearing. When you hand it in to the court you will need to pay a fee of £40 and it will have to be in cash (take the eviction warrant with you). 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.

 

I'll be logging off soon, you just need to print off the N244, follow the instruction in the post I affixed it in and also the instructions in this post. If you need any further help I will be online from 8.30 am in the morning when I get to work.

Abkay N244 Statement.doc

[Abkay]

Ell-enn, thank you so much for your generous time and help - much appreciated.

[Ell-enn]

No problem just remembered - you'll need to change the offer of £75 per month to £100 per month in the statement.

 

Once you know what date the hearing is post on here and we can go through the procedure. Given the eviction date is 14th August you really need to get that form to court tomorrow so you get a hearing before that date.

[Lea_HTH]

Unpaid service charges can be added to an account and then counted as arrears. They are usually capitalised, but don't have to be. The alternative to the mortgagee paying the outstanding service charges to protect their interest in the property, is for forfeiture of the lease to take place (forfeiture is so much worse than repossession as the mortgagor loses the property and still remains liable for the mortgage owed - it just becomes unsecured).

 

OP could ask Santander to capitalise the service charge they paid on her behalf, but Santander are not obliged to do this and are entitled to seek possession on the basis of having paid the service charge to the freeholder/management company - in effect, the service charge payment can be viewed as arrears.

[Abkay]

Went to court with N244 form - have received a date of 17th August for the hearing. The eviction which was due on the 14th has been suspended awaiting the outcome of the hearing on the 17th.

 

Is there anything further I can do/say between now and then to help myself? I spoke with Santander today to see if they would capitalise the service charge - they will not do it and again referred me to Hamlins for everything else.

[Ell-enn]

The court will send them a copy of your N244 and statement - they may decide to cancel the eviction once they read that you have informed the court of your bereavement and that the payment arrangement has been brought up to date. Let's wait and see what the next week brings

[Ell-enn]

Any news?

[Abkay]

Hi all,

 

Great news! Attended court yesterday and got the result I needed - order suspended and my repayment plan accepted. It was over in about 3 minutes but one thing that I wasn't expecting was that Santander's rep said that the property was in negative equity (he gave a precise figure of £xxxxxx.xx for value of home!?) and therefore the order should go ahead. When the judge asked what this figure was based on he replied 'thats the figure on this piece of paper'.

 

I disputed this and actually throughout had a firm grasp of figures and when/how much was added etc whilst the rep clearly didn't have a clue - I would have thought that if the judge asks these questions but doesn't get a reply then she would be upset/annoyed with him but they seemed on quite friendly terms. I can only imagine what the judge would have said to me had I gone in as unprepared as this rep.

 

Outside the courtroom afterwards I couldn't resist and said to the rep - 'Have you heard of the 5 P's?' and left him with a bemused expression on his face.

 

Many thanks again for all your help

[Ell-enn]

Excellent news! Well done