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Eviction notice recieved from lenders solicitors today


stressedout1967
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Hi, will catch up with you tomorrow and we can get it all done then - I'm pretty busy at work (thought I might have some spare time today, but a few things have come up that I need to deal with)

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Hi, Budget Sheet - Does the income of £1550 include overtime?

 

You need to put the £10 entertainment costs into the housekeeping, the court would expect you to give up this in order to pay the arrears.

In box E you show £225 left over for credit debts but in box F the payments to credit debts add up to £185 - this leaves £40 spare which you would be expected to pay to the arrears.

 

You will need to provide some documentary evidence of your being off work with a broken foot - do you have anything from the hospital? copy of sick note ?

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Thanks Ellen sorry but late replying,

i have taken off the overtime in case it were sttopped again the 1550 is the current amount without overtime, it should be a little lower actually i will amend the budget sheet now, i didnt get a sick not as i dont qualify for sick pay i only work 10 hours a week. i am trrying to find a the copy of the letter that was sent to my doctors. i am just going to print the forms off i need now too. i will do budget sheet now and post when updated.

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Adding to my last two threads i have looked for hospital letters only one i can find is a copy of one sent to doctor saying i had had plaster taken off and was advised to mobilise and be seen again in six weeks that was mid feb. oh dear is this going to be a problem i dont even have any wage slips for that period, only after the new tax year in april. also i have downloaded the n244 for is that correct, can you help me with it, i dont have a clue where to start with that. thanks so much again.

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Hi, these are the instructions for completing the N244 form. I will affix the statement to go with Q.10of the form in the next post.

 

 

1.Your names

2. Tick Defendant

3. Cancellation 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 (this is the statement I will draft for you to affix)

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.

 

Is this the form you downloaded?

n244_0400[1].pdf

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sorry just noticed that you were doing that for me, i have been told i can put this application in the more local court and to keep in contact with the bayliffs office the warrent is in, but at the top where it says name of court to i put Nottingham where i want the hearing and taking the forms or the court on the bayliffs letter thanks again

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Put the court where you want the hearing but the case number will be the same - leave the warrant number blank at the moment until you take to the court and ask them if it will be the same for Nottingham.

 

I have affixed the statment to go with the N244 - you need to enter the details where there are XXX's at the top (remove the xxx's). There are also xxx's in the statement where your name is so you need to put that info in too.

 

Once you have done that, print off and sign

 

On the budget sheet write the claim number on the top left hand corner and Appendix 1 on the top right hand corner then staple it to the statement (have you done anything with the budget sheet as in my post #28 this morning?).

 

You will need to take a photocopy of it all before handing into the court so you have a copy to refer to in the hearing.

There is a fee of £40 to pay when you hand the forms in and it will need to be cash - take the eviction warrant along with you. Remember most courts close at 4pm.

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Ellen, depending on what date the hearing will be we are unsure if my husband will be able to attend, so when i fill the forms in do we both need to sign or just me also q1 should i put both names or just mine, he cant get any time off work till next friday so if its any other day he cant get

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If the mortgage is in joint names you have to put both names anyway - and it's OK for just one of you to attend.

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OK, let us know what date the hearing is and we can go through the procedure. Don't forget to take a copy of the documents before handing in to court.

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Hi Ellen, put papers in court today, got my hearing next friday morning..i was so nervous and that was just putting in the papers...while i was waiting 3 other people came in filing for suspension of evictions too. Anyway i will catch up with you in the week, i hope you can help prepare me for this i am dreading it..going to try and stop worrying even if its for a couple of days..thanks Ellen

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Hi Ellen, i hope you dont mind me asking for your help again, we have the hearing on friday morning and i hoped you would let me know what i need to gather to take with us. i have copy of the court documents you did for us and also the court gave us a copy too, do i need anything else. thanks again.

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Hi again, Ellen do you think i need to take any documents to court with me like wage slips or wont they ask i dont know what i need to take, only 2 more days to go also Ellen if the judge says the eviction will go ahead still will he give us time to find somewhere? thanks

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I don't think you need to take anything else - the judge will have read your statement and any documents you affixed to that, but take the wage slips just in case. If the eviction is not stopped ask the judge for leave to appeal -I'm sure you won't have to do that:) Did you check with the court to see if they have any free duty legal advisers on Friday ?

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Hi Ellen, eviction suspended, thankyou so much for your help, went into court with duty solicitor, I losy my father yesterday so took nothing with me as my frame of mind is not good at the moment, well the judge read through statements their solicitor went on how we are a risk because of missed payments etc, the judge asked me what house we lived in i said semi, 3 bedroom he tutted, then asked if my son worked i said yes but only part time as he cannot find a full time job, he looked at me and said its a sad time and the poor parents have to pick up this countrys mess, then he said how much is left on mortgage the duty solicitor said 35000 and the property value is 100000, he tutted again said arrears would be cleared in 4 years which was a quarter of the term left. he was angry and told the duty solicitor that they had no right in asking for bank statements from my stepfather and then he said why are we here, about 3 times then said i am suspending this its very obvious that kensington see the equity in the home and that is the only reason they are intent on trying to gain possesion. he was so nice and wished me luck with the new year and said he could see i have had a tough few years and to go home and grieve properly with this weight lifted. thanks so much again Ellen

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Hi Ellen, eviction suspended, thankyou so much for your help, went into court with duty solicitor, I losy my father yesterday so took nothing with me as my frame of mind is not good at the moment, well the judge read through statements their solicitor went on how we are a risk because of missed payments etc, the judge asked me what house we lived in i said semi, 3 bedroom he tutted, then asked if my son worked i said yes but only part time as he cannot find a full time job, he looked at me and said its a sad time and the poor parents have to pick up this countrys mess, then he said how much is left on mortgage the duty solicitor said 35000 and the property value is 100000, he tutted again said arrears would be cleared in 4 years which was a quarter of the term left. he was angry and told the duty solicitor that they had no right in asking for bank statements from my stepfather and then he said why are we here, about 3 times then said i am suspending this its very obvious that kensington see the equity in the home and that is the only reason they are intent on trying to gain possesion. he was so nice and wished me luck with the new year and said he could see i have had a tough few years and to go home and grieve properly with this weight lifted. thanks so much again Ellen

 

Good, one with some sence

:mad2::-x:jaw::sad:
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I'm so pleased it went right for you in court - well done for being so brave under the circumstances.

 

My sincere sympathies for your loss :(

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Very sorry to hear of your loss, remember nobody has the right to tell you how long or how you should grieve... everyone is different.

 

At least you have one weight off your mind in this difficult time. I bet Kensington will try every trick they know to get you back to court again - at least that judge seemed to be on your side.

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  • 3 months later...

Hello again so sorry to have to ask but i am afraid i am need of help again, as you will be aware we were granted a eviction suspended in november but unfortunatly we are be evivted again on 7 march, i have not been well and not been at work due to the loss of my father which i have taken badly, i have now been back at work a month and am now ok to work again, because of this loss of my wage we have not managed a payment since the eviction was suspended. but will be now. i need to file the papers with the court on monday and hoped Ellen would draft me a letter of she is able to please. I know reading this we probably deserve to lose our home but i hope am hoping the judge will give us one last chance. Idid ring lender explaining this and also if i could change the payment date and set up a standing order so the money would leave our account on the day we get paid. she said no this was not possible as the court sets the date and we are under a court order so we would have to go back to court to do this. everything in this thread is still the same finance wise etc.

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