Eviction 10 days. Could you help with Witness Statement? ** SUCCESSFUL OUTCOME - SUSPENDED **

[40something]

Hi I have posted before a few years ago when I received gret advice and i obtained a SPO from HSBC back in 2008.

The situation now is that I now have an Eviction date of 27 August.

I have arrears now of 57000 and a property worth 350000. I have completed an income/ expenditure and N244 as per the forms/ advice here.

The affordability to pay 500 per month extra would clear the arrears in 114 momths with a remaining term of 144 months as my lender tells me, however they have now said point blank that they want full arrears or eviction.

The arrears increased over the years partly due to being made redundant 4 times in 4 years and a period of unemployment spaning around 14 months. I was under the impression that the bank had agreed a hold on payments during these times, however transpires were jusy increasing the arrears.

A further element is that we had to move out for a period of 15 months due to major subsidence wirks (Insurance claim) where we had to find a proportion of rental money up front which made it fifficult to maintain payments

Original SPO in July 08 was 250 extra per month and arrears then were approx 15000.

 

Is it sufficient now to prove affordability and the arrears will be paid over the remaining term?. I have collated wage slips and the budget sheet.... just need the Witness Statement now. I would idealy like to take this to the court today to get a hearing asap... I could not bear the thought od leaving longer!

 

What do you think are my chances?. I now have a very secure job having just passed a probationary period. My wife has worked for the council for years on a good salary also.

 

We have 2 young children at the property also.

 

Can you help please?

Many thanks in advance

[40something]

I also contacted several 'organisations' for help and they wanted up to 1000 up front to help..! At the end of my tether now and desperate to get things moving.

[40something]

I have drafted a Witness Statement. Any advice would be greatly appreciated

 

 

Claim No:

In the Kings Lynn County Court

 

Between

 

HSBC (Claimant)

 

And

 

Mr xxxxxxx and Mrs

 

(Defendants)

 

STATEMENT

 

We are the defendants in this case and respectfully requestthe court to consider the following information when hearing our application:

 

· The arrears arose as a result of severalredundancies over a period of 4 years during 2007 to 2012, at which time westruggled to maintain the full mortgage payments, although the Claimant wasinformed at every opportunity as the situations arose.

 

· We also had to move out of the property betweenJuly 2012 and December 2013 due to major subsidence works needing to be carriedout at the property, when we had to also contribute towards alternativeaccommodation whilst maintaining security at the property, this resulted insome missed payments (agreed by the Claimant at the time)

 

· We also had to fund essential repairs when movedback into the property, costs of which we are due to claim from our insurers

 

Despite keeping the Claimant advised of the situation andmaking an offer to repay the arrears, they have refused to negotiate anddemanded the full arrears to be paid in order to stop eviction.

 

However, my/our situation has improved as I have returned towork in a far more stable employment and I am now confident that I can maintainpayments of £500 per month towards the arrears in addition to the normalmonthly payment. Please see affixed income and expenditure statement – Appendix1

 

Also attached copies of wageslips for XXXX and XXXX– Appendix 2

 

This will clear the arrears in 114 months with a remainingterm of 144 months.

 

Therefore I respectfully ask the court to take into accountthe case of Cheltenham and Gloucester v Norgan when considering my offer ofpayment and also s.36 of the Administration of Justice Act 1970.

 

There are 2 dependent children resident in the

 

We assure the court that I am/we are committed to clearingthe arrears and respectfully ask that eviction is suspended in order to avoidthe expensive and unnecessary costs which would undoubtedly arise followingrepossession in the current property climate.

 

We believe the above to be true and factual.

 

Signed.......................................................................................Date............................................

Signed.......................................................................................Date............................................

[honeybee13]

Hello there.

 

I expect Ell-enn will be along later with wise words for you. You may not need to pay money to anyone, let's see what she says later.

 

I'll keep any eye on your thread and make sure you get advice.

 

HB

[40something]

Many thanks!

[40something]

Could anyone please help?.. I want to submit N244 to court today!. Many thanks

[Ell-enn]

Hi, I have removed the claim number and your names from your post as it could reveal your identity.

 

Your statement looks fine but....you need to make the following changes which I have put in capitals (obviously you need to change to lower case).

 

 

 

We are the defendants in this case and respectfully request the court to consider the following information when hearing our application:

 

· The arrears arose as a result of several redundancies over a period of 4 years during 2007 to 2012, at which time we struggled to maintain the full mortgage payments, although the Claimant was informed at every opportunity as the situations arose.

 

· We also had to move out of the property between July 2012 and December 2013 due to major subsidence works needing to be carried out at the property, when we had to also contribute towards alternative accommodation whilst maintaining security at the property, this resulted in some missed payments (agreed by the Claimant at the time)

 

· We also had to fund essential repairs when moved back into the property, costs of which we are due to claim from our insurers

 

Despite keeping the Claimant advised of the situation and making an offer to repay the arrears, they have refused to negotiate and demanded the full arrears to be paid in order to stop eviction.

 

However, OUR situation has improved as MR XXXX HAS returned to work in a far more stable employment and I am now confident that WE can maintain payments of £500 per month towards the arrears in addition to the normal monthly payment. Please see affixed income and expenditure statement – Appendix1

 

Also attached copies of wage slips for XXX and XXX– Appendix 2

 

This will clear the arrears in 114 months with a remaining term of 144 months.

 

Therefore WE respectfully ask the court to take into account the case of Cheltenham and Gloucester v Norgan when considering OUR offer of payment and also s.36 of the Administration of Justice Act 1970.

 

There are 2 dependent children resident in the property.

 

WE assure the court that WE are committed to clearing the arrears and respectfully ask that eviction is suspended in order to avoid the expensive and unnecessary costs which would undoubtedly arise following repossession in the current property climate.

 

We believe the above to be true and factual.

[40something]

Many thanks for this. Did you get my email with the budget Sheet and the N244?. Did they look OK to you?. Based on what I have to present, do you think I will have a decent chance?

[Ell-enn]

Hi, I've just seen your email and replied

[Ell-enn]

Hi, when did you last make a payment and when will you make the next?

[40something]

Last end of June next end of this month

 

Does the N244 look OK?. What are your thoughts on

> success... very stressed now!

>

> If in the very worse case scenario, and it is rejected is there any

> comeback at all?.. We have absolubtly no plans in place we have only just

> settled back into the house fully so to even contemplate trying to move

[Ell-enn]

The N244 is fine. Just make the changes to the budget sheet and the parts of the statement that I pointed out in my post above.

 

You need to stay positive - judges don't want to take people's houses away if there is the likelihood of them being able to maintain payments plus an amount towards the arrears going forward. Your arrears are extremely high, but you have put forward evidence of income which should support the arrears payments.

 

When you take the N244 to court (remember to take a photocopy of it all before handing in), you will need to pay a fee £50 I think it is now, and it will need to be in cash - take the eviction notice with you. Ask the counter staff if there will be any duty legal advisers at court on the day of your hearing - you can ask for their advice and they can accompany you into the hearing to support your case.

 

Most court offices close at either 2 or 3, especially on Fridays.

[40something]

Just an update... Obtained a suspension thanks in no small part to the help and acvice received as always here.. Many thanks again to Ell-en. Time to start afresh and get back on track...

[citizenB]

Excellent news, I will update your thread to reflect the suspension.

[Ell-enn]

That's brilliant - well done you must be very relieved. Hope things go well for you in the future.