2nd Eviction This Year. Need help with N244 please.

[yellowsleeves]

Was in Court back in May to suspend an eviction.

 

Arrears of £2800, monthly payment of £498. Agreed to repay contractual payment plus £150 per month to clear the arrears and a £500 sum within 7 days.

 

Paid the £500 on the 5th day.

 

Paid £650 for the following 2 months.

 

Then, Augusts payment was only £450. I paid £200 & £250 in seperate online banking transactions. We sent a £200 cheque, which was never cashed.

 

This months repayment of £650 was made in 1 transaction on the online banking the day it was due.

 

Then this morning received an eviction date of the 16th October.

 

The mortgage is in my Mum's name, I'm her son and my fiance also lives here. We have a 3 week old baby too.

 

We can comfortably pay the £650. We only got into arrears in the first place because I stopped working due to illness.

 

I'm fine with the income and expenditure bits, and the rest of the N244. But could someone help me with a statement please? We have nowhere else to go and it seems rediculous that the bank (Leeds Building Society) want to evict when we can pay.

 

I was quite confident that the judge would be kind the last time we went for the N244 hearing. I'm not so sure this time. I have a family member I could approach to borrow some money to clear all the arrears. Is it worth me taking a statement from them with proof of funds (A bank statement) in case the judge will not accept us continuing with the £150 per month towards the arrears.

 

Thanks everyone for your great help!

[yellowsleeves]

Also, I am able to make an extra small payment to the mortgage account.

 

Is that worthwhile do you think? Look good to the DJ? Or should I be saving for a few nights at a travelodge?!

[andyask]

Hi

 

What is not clear here is why you are back in court when you have clearly made efforts to pay.

Judging by your notes, the problem may have arisen when you paid the first payment in two instalments - it's possible that this is not permitted or not part of the court outcome? Upon receiving the first cheque, the lender has assumed that you don't have the money or intend not to pay the full amount you had agreed to (even if you included a note advising more on the way) and were thus entitled to consider this a default - hence the 2nd notice.

Given the severity of the situation, sending only half the monies due was always going to be risky.

Provided you have made all your payments I would think you should be ok. I would send a letter to the lender by "signed for" delivery confirming the dates of your payments. Take this to court hearing. There are other ways of avoiding an eviction, check directgov and Shelter sites which have excellent guides.

I wish you the best of luck.

Andy

[Ell-enn]

Hi, have a look at this guide here http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=31139&d=1320163405 on page 16 you will see how to set out a statement to go with the N244

[yellowsleeves]

Thanks for your helpful replies.

 

Excellent notes, for the statement, thank you.

 

I'm off to put the N244 application in this afternoon. I suspect I'll get next Monday as a date, that'll leave just 8 days before the eviction. If the worst comes to the worst and the DJ refuses to suspend the eviction, does anyone think he'll consider delaying the eviction as we have a 3 week old baby and finding somewhere else to live in 8 days is hard enough, never mind if you don't have plenty of cash.

 

If anyone else has any idea's or suggestions, please feel free to chime in.

[yellowsleeves]

Well court in 95 minutes time!

 

Wish us luck, i'll let you know how we get on!

[Ell-enn]

Hi, good luck - don't forget to come back and tell us your good news

 

(trust you managed to word the statement ok?)

[yellowsleeves]

Hi, good luck - don't forget to come back and tell us your good news

 

(trust you managed to word the statement ok?)

 

Yes, sorted the statement no problem.

 

Got to court to be met by the rep from the mortgage company. He told us that as far as he is concerned things can stay on the current repayment schedule.

 

He said that after they received a copy of the N244 form and our statement, it prompted a review of the account and they found payments that had not been properly added to our account.

 

We then went in front of the judge. We had a local solicitor speak on our behalf, he approached us at court and explained his service was free of charge to us, so that was good having someone else in there fighting for us.

 

After the judge listened to both reasonings, our solicitor requested that the costs of the hearing incurred by us be credited to the mortgage account. I thought this was a very good arguement seeing as we had paid and were not in breach of the order previously set by the court. The judge did not agree however, and refused our request.

 

We keep our house though, and after our comments in the statement regarding the mortgage company's, what feels almost like obstruction; to sort things out and work with us to clear the arrears, the rep from them advised that they were now willing to enter negotiations to change the mortgage product.

 

All in all, the morning couldn't have gone better. We were in and out within 45 minutes, and that included chats with the duty solicitor and the rep from the other side.

 

I will be making a small donation of £20 to the site, sorry it's only small however every spare penny is going towards the arrears at the minute.

 

When I have time, I will drop in to see if I can be of help to others, as I found just reading success stories from other people a great comfort during the 2 weeks we went to bed every night counting down the days to eviction.

[Ell-enn]

Excellent news! well done