Eviction order received HELP PLEASE

[Magpie611]

I originally agreed a repayment with DB mortgages,

this was formalised with a suspended possession order.

 

 

Due to illness I couldn't maintain the agreement

I again ended up with an eviction date.

 

 

Not knowing what to do I sought help with HRC who charged £300 for their services;

I was again issued with another suppression order(which this time I could afford).

 

The mortgage company was not happy and

when I asked to set up a direct debit

they wanted to complete a further budget assessment to allow us to move on.

 

 

With an extremely Ill daughter I didn't have the energy, know how or time to argue.

I then suffered ill health and an accident at work; but will return to work at the end of September.

 

I have now ended up with missing 2 month payments, and erratic payments.

 

 

I have now been given an eviction date for the 9th sept 2014.

 

 

I know it is my fault but I do feel with DB not setting up the direct debit I wouldn't of ended up in this circumstances.

 

 

I can afford the mortgage plus more than what the judge ruled perviously.

 

 

What should I do???

 

 

Thanks

[citizenB]

Someone will be with you as soon as they can... most of the people who advise in this section have day jobs so it will likely be later on in the day that you receive a response.

 

meanwhile you might want to spend a little while reading other threads in this forum, pretty much all of whom are in or have been in a similar situation.

[Magpie611]

Thank you, have read some and will continue. Thank you for taking the time to reply.

[citizenB]

[Ell-enn]

Hi, you will have to apply to the court on an N244 form to get a hearing in front of the judge (the court fee for this is £50). Who charged you £300 ??

 

I am at work at the moment and will get back here as soon as I can - in the meantime have a read of the guide here http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession there are examples of how to complete the N244 and also how to set out a statement to go with it. You will also need to complete a budget sheet which you can download from the 2nd post in the guide thread.

 

Do you have proof of your illness and absence from work (I assume you were only paid statutory sick pay?)

 

When was the last hearing date ? how many payments have you made since the hearing?

[Magpie611]

Hi, I have proof of my illness from work, I usually work nights but lost the enhanced pay due to the injury, but I believe that this will be back dated as it will be deemed an industrial injury; yet to be registered. I can also prove my daughters illness and her IEP(individual education plan). She is now roughy through hospital provider at home.

The last hearing was in feb 2013 and I have missed 2 installments, and the others have been erratic. I have arrears of £8500. My communications with DB are poor; I now this was foolish and will be to my detriment.

I will do the budget form and court form today, thank you for your help.

The company was advertised as a charity: home rescue charity(HRC).

[Magpie611]

Sorry should read taught through hospital education programme. The named "charity" as I thought it was is HRAC.

Edited August 28, 2014 by Magpie611

[Ell-enn]

I can help you with the statement for Question 10 of the N244 if you need me to.

 

How much were the arrears at the hearing in 2013 and how much are they now?

[BazzaS]

Sorry should read taught through hospital education programme. The named "charity" as I thought it was is HRAC.

 

Whose website notes

"All the advice and work that we carry out on behalf of Homeowners is free of charge. We provide a freephone telephone number for you to call us on – 0800 316 2240 – so that it costs nothing from any landline, mobile phone users may be charged by their service provider."

 

How come you ended up being charged? Were these court fees?

[Magpie611]

Hi Ell-Enn sorry in the delay in responding to your offer of help, I would be so grateful for your assistance in filing out question 10 on the form. I will find out the information you asked regarding what I have paid off the arrears since the last hearing.

I apologise for any time delay in responding, but am trying to complete this alongside caring for my daughter. I will forward info later. Thank you.

 

Hi bazzaS

The cost was for filling out the court form and writing a letter to support question 10. The judge did point out that they had done no more than what I could of done myself. Slightly humiliating

[Ell-enn]

The judge was right - it's exactly what we do here, for nothing !

 

Don't worry about delays in replying as long as you can get the N244 to the court on Monday you should get a hearing before the eviction date.

[Magpie611]

:???::???:is there anyone that can help, I am unable to use exel on this computer, so can therefore not edit the budget sheet.

[BazzaS]

:???::???:is there anyone that can help, I am unable to use exel on this computer, so can therefore not edit the budget sheet.

 

Why can't you use Excel?

 

If it is because Excel is too costly : consider e.g. Open Office!

It is free to download and is available for Windows, OS X, and Linux.

For iOS consider "numbers" : not free but not expensive!

 

If it is because the machine doesn't meet the minimum specs the alternatives won't help but that is quite an old machine now - can you borrow one from less than (about) 5 years ago, which should cope with Open Office. (See below : even an older machine may well work !)

 

Minimum system specs here:

https://www.openoffice.org/dev_docs/source/sys_reqs_aoo41.html

 

So, for a Windows machine, XP and 512 Mb RAM will suffice! (Probably slowly .... But should suffice)

[Magpie611]

Thanks I have managed to now access it through onedrive. Thanks again for your help.

[Magpie611]

Hi, have completed the budget sheets and have a rough copy of my statement. Do I need to include my payslips to the court alongside n244. I have the relevant documentation regarding my recent sickness. How do I forward this to yourself, to ensure I have a strong as possible case to present to the judge. Feeling physically sick with worry, I don't know how to tell my sick daughter that we could be homeless in just over a week.

I thank you from the bottom of my heart for all the help and advice I receive.

[Ell-enn]

Hi, can you let me know what you have put in your N244 statement please

[Magpie611]

Hi, can you let me know what you have put in your N244 statement please

I am the defendant in this case and respectfully request the court to consider the following information when hearing the above case.

 

The arrears arose due finical difficulties as a result of the defendant's daughter long-term ill health, which unfortunately resulted in subsequent health issues for the defendant. Medication prescribed for the defendant left her with impaired cognitive function. A recent accident at work, through no fault of the defendant, has left her unable to work temporary. please see attached medical information appendix 1.

 

However Mrs SSSSSSSS has a return to work date of the 26th September, and is confident that she can maintain payments of £150 towards the arrears each month in addition to the normal monthly payments. please see enclosed budget sheets appendix 2.

 

There is one dependent child at the residence who has vulnerable and special needs .

 

 

this is the information I have enclosed using the template in the guide on the forum.

 

thanks

[Ell-enn]

After the paragraph which ends "see enclosed budget sheet appendix 2" you need to add this :-

 

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

[Magpie611]

hi Ell-enn I have indeed added this statement, I used a template of a statement in an attachment you refereed to in earlier thread. I am just double checking all my workings. Do I provide bank statements to go alongside the witness statement, sorry for all the questions just want to do it right.

[Ell-enn]

Hi there, if you are using the bank statements to prove payments you have made, then yes, include them. Make sure you take photocopies of the statements and use a highlighter pen to show the payments you are referring to.

[Ell-enn]

You really need to get the N244 to court tomorrow so you get a hearing before 9th September - you will need to pay a fee of £50 and it will need to be in cash.

[Magpie611]

Hi Ell-enn submitted the forms yesterday and have a court date for this Friday. I have contacted the mortgage company offering to pay all arrears off(my parents have made a very generous offer), but DB are saying this is not good enough. That want proof that I can maintain affordability, I cannot get all the paperwork they are asking for to them in time. Have now spoken to the contact number given in a previous thread above. I have now been refered to a house rescue company, who will charge a fee. Do you think I should Try to get paperwork to DB to showing I am trying to co-operate. Thanks.

[Ell-enn]

I think you should go to the hearing with proof that the arrears can be paid off and tell the judge what DB have said. DO NOT pay anyone a fee to save your house, they can't do anything more than you are doing now!

 

Are you able to get the money from your parents and pay off all the arrears by Friday ?

[Ell-enn]

Are you saying DB mortgages gave you a number for a fee charging home rescue company????

[Magpie611]

Hi Ell-Enn the number was given to me by a thread on here via another member. Yes my parents can pay the money off by Friday but DB says this won't stop the eviction and hrac ( the company) are saying the same. My parents don't won't to pay off the arrears for the judgement to go against me.