Help eviction date 6th March c&g **Eviction Cancelled**

[desperatelee]

Thank you so so much you are a god send.

[Ell-enn]

These are the instructions for completing the N244:

 

 

1.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

11 Sign and cross out all options except Applicant

Sign and cross out all options except Applicant. Enter your address and contact details.

Attach the statement and your budget sheet to the form

make sure it is stapled securely together. You will need to take a photocopy of it all for yourselves so you have a set to refer to in the hearing. When you hand it in to the court there will be a fee of £45 to pay and it will have to be in cash (take the eviction warrant with you). Ask the court staff if there will be any free legal advisors on duty on the day of your hearing.

[desperatelee]

Will do first thing . Fingers crossed and will keep you updated. Thank you again.

[desperatelee]

Just a quick update.

 

Went to wielsden to file my n244 on friday and they wouldn't accept it as they have an appointment only policy.

 

Earliest one available was 11 am this morning. I arrived and spoke to a lady and she said this may be difficult it is less than 3 working days away.

 

explained I had a hand delivered eviction notice that was delivered last Saturday and I was away until friday.

 

she asked to me wait for 30 mins and she would speak to a judge and see if I would be granted a hearing.i honestly thought I was going to have a heartaattack there and then I couldn't breathe.

 

She came back and said you have been granted a hearing at 10 am Thursday. The eviction is 8.45 am .

I asked what happens with the bailifs she said 8.45 am one is cancelled but it could still happen on that day depending how busy they are.

 

I have this picture in my head of them parked up outside waiting for outcome.

 

so no duty solicitor on Thursday case on day of eviction and I am so so scared. I have made no arrangements of moving or anything. The lady was sympathetic she said it may not come to that and smiled and not stress my self.

 

So any advice would be good.

 

Also if any you help on any other threads re wilsden in the future you need to advise that you need to make an appointment for emergency form .

 

just in limbo really. Suppose I should at least prepare for the worst.

[desperatelee]

If I paid all the arrears would the eviction be cancelled. My mum when she passed left all her jewellery and her mums jewellery to my daughter it is worth a lot. I know I wont get the best price but it will clear it I am sure. I don't want to do it if i will loose my house anyway prefer her to have some memories. I just do no what to do I can pay going forward easily . Ahhh god still can't get hold of bailif in charge. What do I do I just don't know.

[Lea_HTH]

Firstly, it is a shame that they have listed it for Thursday as I do think some help would have been good, particularly since the application for the warrant seems to have been made after the six year deadline. Are you able to call into the court tomorrow or Wednesday morning when advisers will be available to get some face to face advice and guidance on what to say to the judge? At least if you were able to speak to an adviser before the hearing so that they could have a look at all your paperwork (the claim form and particulars of claim, the latest statement of missed payments etc.) they will be able to give you a more accurate .view on where you stand. I am beginning to think that you ought to have applied for a set aside of the warrant, rather than make a stay application.

 

Secondly, when you say your mum left all her jewellery to your daughter, that generally means that the jewellery belongs to your daughter and you would not be at liberty to sell it to pay your debts - even if that keeps the roof over your child's head.

[desperatelee]

Leah I can camp outside the court 24/7 if need be. I will go tomorrow and see what I can do .do I just say I need to see a duty solicitor is one available ? I know what you mean about the jewellery but I also know /knew my mum very well and when I passed away and if I lost my house she would beat me with a stick for not using it at the pearly gates, and also have daughters permission as well.

 

 

 

Leah if at all possible can you clarify the six years process.

 

If I received the enforcement of the posssesion order court papers from wilsden and the court papers have tlc solicitors signing after the 6 year period had passed as in applicants date on the court form is after 6 years is that in a legal /court way after 6 years.

 

Do you understand what I am saying I am not saying it very well.

 

last question if the arrears are paid in full before thursday can they still claim possession ?

 

Thank you.

[Lea_HTH]

If the execution of the warrant was applied for after 7th November 2013, then it was after the six year period and the mortgagee should have made an application to the court to ask permission to execute the warrant...it's an arguable point in law. As I think I said in an earlier post - the court would have been unlikely to refuse it given that your arrears had increased.

 

If the arrears were paid in full before Thursday then there would be no valid reason for possession - however, I don't think you necessarily need to do this - please wait and speak to an adviser tomorrow and let them have a look at all the paperwork (remember to bring it all with you - it's important to see where exactly you missed payments so statements are important too if you have them).

 

If you can, private message me your name.

[desperatelee]

Lea private message sent I hope it got there .

[desperatelee]

Do not think I can send private messages. Im not allowed to put my email addy on here am I . What can I do ? How do you send prvt messages.

[desperatelee]

I can put on here then delete my name ?

[Ell-enn]

Lee, send a pm to me (you should be able to pm site team) I will then send on to LeaH

[desperatelee]

Sent and thank you.

[Ell-enn]

Hi Lee, got the pm and forwarded to Lea

[Lea_HTH]

I have it.

 

If you can make it to court for 11:30 am, I'll make sure someone will see you. Don't come before this time however as it's a possession hearing day and given your stay app isn't listed until Thursday I can take a guess that the stay list tomorrow is full...hence coming in before 11:30 will mean a long wait for you as those with hearings tomorrow will have to come first.

[Lea_HTH]

Thanks Ell!

[Lea_HTH]

Please remember to bring all your paperwork with you.

[desperatelee]

Will do and thank you so much for arranging this.

[honeybee13]

Hello DL.

 

I hope it goes well today, please let us know how you get on.

 

Fingers crossed for you. HB

[desperatelee]

Welll I am here so just waiting. It is mega busy.

[honeybee13]

Good luck.

 

HB

[desperatelee]

Hb today wasn't the hearing just to seek advice for Thursdays hearing as there are no duty solicitors on that day. I spoke to a lovely lady who managed to get one of the duty solicitors to attend with me this Thursday. I feel a lot better thingd SHOULD go my way fingers crossed. Thanks to lea for your help you are right they are very good at Wilsden.

[Ell-enn]

Brilliant

[desperatelee]

Another date. C@g phoned today and said their solicitors received court papers. They said rhey accept my proposals cancelled eviction proceedings and solicitirs will not be attending court tomorrow. Very relieved. I will still be attending but thank you to everyone who helped lea and ell-enn for your invaluable help. I owe you so much . I will attend tomorrow and update. I feel so relieved. X

[IamPhil]

That is BRILLIANT news, I am so pleased for you :)