Eviction Date from Nat West

[kazma]

We have a suspended order with Nat West.

We fell behind with the payments in March and received an eviction notice for the beginning of July. We completed an N244 form but when we went to the courts to hand it in we where told the eviction had been cancelled.

We didn't received any notificate of this and it took quite a few emails to Nat West's solicitors to get a response - we finally got a copy of a letter saying it was cancelled because of the computer problems that Nat West had been having at the end of June.

 

We caught up with the payments at the beginning of July and also made the monthly payment as normal at the end of July, the next is due the 28th August which will be paid on 24th.

 

On 6th August we received a letter stating that they are going for an eviction, we have the date of 31st August. We telehoned Nat West only for a very automated response - "we missed a payment in April, they will not listen to the fact that we are now up to date.I cannot get any response from emailing their solicitors only that they are contacting their clients. We now have another lette rfrom the solicitors stating that they have not had a response from us about clearing the arrears (the full amount or nothing). This is since the telephone call to nat west and e-mails to the solicitors.

 

I know that we missed some payments but surely they should take into account that all payments are now up to date.

 

I am going to complete a N244 form and take this to court tomorrow I just need a bit of help in wording the statement to attach

 

Thanks

[Ell-enn]

What did you put in the previous N244 - the Q.10 statement part? Did you amend the previous N244 statment we did last year?

[kazma]

I haven't amended any statements yet. The one for July was not used as they had cancelled the eviction before we could lodge the forms in court.

We are up to date with payments but that doesn't seem to matter to them.

We are getting an extra £120 per month as my husband as taken a pension early - he his still in full time work though and his hours have been slightly increased so we can definately keep up with payments. We are paying an extra £75 per month off the arrears - this is around £30 more that what would stand under the Norgan ruling.

[Ell-enn]

I meant what did you put in the one that wasn't used - you said you took it to court ?

[kazma]

We put that we are now in receipt of the monthly pension (we attached a copy of the letter from the pension co to confirm this) and also what payments would have been made to bring the account up to date

[Ell-enn]

Can you print off proof of the payments you made to being the account up to date ?

[kazma]

Yes, i did them via on-line banking so I can get a print out. Nat West have also confirmed that the payments have been received when we telephoned them last week

[Ell-enn]

When you say you brought the account up to date - do you mean the payment arrangement under the suspended order or have you paid the whole arrears ?

[kazma]

Just the payment arrangement under the suspended order not the whole arrears which they are saying the want

[Ell-enn]

How much are the arrears? Have you completed a budget sheet to go with the N244? if not I have affixed the one we normally use in these cases (it calculates automatically as you fill it in)

 

I can help you with the statement for the N244 but it will have to be later this evening - can you be on line then?

Budget Sheet.xls

[kazma]

I've still got the budget sheet from July as nothing has changed from that.

Yes i can be on line later

Think the arrears are approx £7000 with 18 years left on the mortgage

[Ell-enn]

OK, is it the same budget sheet you have?

[kazma]

Iit's the same as the one you attached to the previous thread

[Ell-enn]

OK, did you show any money left over in Box E of the budget sheet ?

[kazma]

About £40 but i could probably amend some figures to lower this

[Ell-enn]

Yes, you'll need to get that down to around £15 and you could say that was for emergencies. If you'd like me to look over the budget sheet you can email it to me at [email protected]

(there's no space between the c and o in the address, for some reason it always appears like that)

[kazma]

Should be able to amend it ok

[Ell-enn]

Hi, what was the reason for missing the payments in March/April?

 

Is this the same repo case as the one we did with you last August ?

[kazma]

We missed a couple of payments as my husband was off work ill (high blood pressure) and he doesn't get paid when he's off plus they changed his hours at work.

Everything is back ok now so we won't have any more problems

Yes it was the same one last august

[Ell-enn]

Hi, affixed is the statment to go with the N244, at Q10 of the form you need to tick the box for "attached witness statement"

 

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 and to fill in your name where there are other XXX's in the statement. 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 Letter regarding the pension write the claim number on the top left hand corner and Appendix 1 on the top right hand corner- do the same on the Budget sheet except it will be Appendix 2.

 

Now assemble as follows:

N244 completed.

Statement – signed

Appendix 1 – Letter re pension

Appendix 2 - 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 support your case.

Kazma N244 Statement Aug 12.doc

[kazma]

Thanks, will let you know how we get on, hopefully be ok as we are up to date with payments

[Ell-enn]

OK, let us know the date of the hearing - I'm sure it will be ok

[kazma]

Sorry it's taken so long for an update, been busy at work.I am so angry with Nat West/Shakespeares.We put the N244 into court on the Monday morning 20th and we got an hearing date for 24th (which was good as I was off work that day). 5pm that same day I got a letter via e-mail from Shakespeares saying that the eviction had been withdrawn and we needed to confirm that we would be cancelling the hearing by 4pm on Wednesday. Another trip to the courts on Tuesday to cancel but they could not confirm if we would get the £40 back. Been told since that we won't as the only way a refund is given is if we are on benefits. Relieved that the eviction was cancelled but I wish they had done it sooner. I suspect it was once they received a copy of our witness statement as their letter stated that we had an hearing scheduledK

[Ell-enn]

Yep, I thought they'd pull out once they saw your defence (the court would send them a copy after you put it in) - you need to write and tell them that you expect them to reduce your arrears by £40 as you incurred an unnecessary cost caused by them delaying a response to your offer of payment !