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Hello,

I have an eviction date of 13/07/2011,

 

i am £7500 in arrears with my mortgage

the original repossession hearing was back in 2005/2006,

since then I have had a very poorly baby,

been very ill myself and still have problems with my blood pressure and liver.

 

NRAM have issued an eviction date and i have complied with them and provided all my I&E details.

I rang today to make my normal payment

 

the gentleman stated that they have made a decision and that i need to pay £4k off the arrears

and increase my offer of overpayments,

 

they are stating that i have in excess of £500 surplus income a month....

..i deffo cant find this surplus in my bank!

 

I have offered to pay £200 per month on top of my normal payments.

I am not able to pay the £4k and they have suggested that i contact the court to let them decide.

I am petrified that i am going to lose the house,

 

i am married and have two children age 10 and 5, we do not have any family support

so there would be no were we could go to.

 

I have admitted to NRAM that i had not been prioritising my debts

and that I have since seeked advise from a financial advisor

and that i am in the process of dealing with our debts with payplan.

 

I have made arrangements to go into my local court on friday to fill in the form

but im not sure what details i need to provide.

 

Can anyone help?

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Did they take the payment from you?

Have you kept up with your court order in respect of paying the arrears and normal CMI?

 

If you have not kept up with the order then they can start playing funny beggars, but if you have they have absolutely no right to try and force you to pay more, my lender tried that with me and I very happily told them what they could do with that :-D!

 

If you havent and need to go to court, in my experience provided you are able to maintain payments going forward and with your circumstances cant imagine a judge allowing the warrant to go ahead. Remember they dont want to evict people when they can afford their payments.

 

Ok so you have let your priorities in terms of finances slip, dont we all sometimes, the important thing is to take your head out of the sand and start dealing with them, unfortunately they dont just go away!

 

Oh one more thing, have they been adding charges to your arrears?

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Hi, Over the years the arrears have increased

I was only originally paying £100 per month from the suspended order but i do know that i can maintain the additional £200 and i have done this for the last 3 months.

 

I honestly thought that i did not waste money until i looked properly on my bank statement and realised that i do!!

 

I have been honest with NRAM and admitted that i did let my priorities go and that this has been the kick up the bum that i needed to get my head out of the sand and deal with my debts.

 

NRAM are looked at my income from jan-mar and matching this with my expenditure from april-june and i have told them that hubbies wages have dropped but they are not bothered.

 

NRAM have stated that the charges have been added onto my mortgage and the arrears are just arrears. Just realised they didnt take the payment, I will ring them back straight away!

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Hi there, I can help you with the form. However, you should fill in the budget sheet I have affixed as it is the one used by Citizen's advice and Nationaldebtline and it the one we normally use for these situations. The I&E forms that lenders ask you to fill in are not so detailed so your finances work in their favour. I have also affixed an N244 form to ask for a hearing to stop the eviction and I will give you the instructions for completing it later.

 

Firstly complete the budget sheet and then let me know how much you can afford to pay towards the arrears each month. I can then work on a defence statement to go with the N244.

 

A few Questions:

 

1. Is the mortgage solely in your name or joint?

2. Are you working?

3. How many children do you have and what ages ?

4. How many payments have you missed since the suspended order?

 

As soon as you answer the questions we can get to work.

Budget Sheet.xls

n244_0400[1].pdf


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I am now sat here with tears streaming down my face, i didnt realise that there are people out there willing to help...Thanks slgsue and Ell-enn. I will fill in the forms and contact you back ASAP.1. Is the mortgage solely in your name or joint? - Joint Names2. Are you working? - Yes we both work full time3. How many children do you have and what ages ? - Yes two age 10 and 54. How many payments have you missed since the suspended order? - not sure i will ring them and askEll-enn - i rang to make my normal payment plus my £200 extra but in shock of it all i never made the payment - should i ring them back and make the payment or take with me to court on the day?

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Make the payment as planned. Judges like to see that you mean what you say.

 

Try not to get into too much verbal discussion,

keep things as much as possible in writing

and send via registered/recorded post or email.

 

This is important for a number of reasons

, 1 being you have a papertrail which cannot be denied as you have evidence of sending it

 

also from my experience the conversations get messy and upsetting.

Remember they are not interested in really helping you and its not personal to them,

 

but for you this is your life and you could be pressured into agreeing into things you really cant keep to.

 

for ref I've merged the old thread

you ideally I suspect need to follow the same process again?

 

at some point in time you need to get an SAR running to them

and reclaim all the arrears charges/letter/phone/dd return/debt visit fees too.

and any stupid insurances et c they made you take out.

 

 

dx


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Ring them back and make the payment - this will help your case when you get to court - don't get into any discussion about what you are going to pay !

 

Have I got this right? the original suspended possession order was for you to pay an extra £100 per month in addition to the normal monthly payment, but you have increased ityourself to £200 extra and have paid that for the last 3 months ?

 

Just fill in the budget sheet - don't do the N244 yet until we're ready.


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Quick check I'm paid monthly hubbie paid weekly

How many weeks of hubbies wage do I use

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Multiply your hubby's weekly wage by 52 and then divide by 12 that will give you the monthly amount.


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Hi,

 

Ive completed the budget planner....how do i get it to you?

 

Original suspension was May 2007 for £100 extra per month, yes things have happened and we have missed payments, now arrears of £7k, field agent came out and i increased it to £140 per month extra and then once we received the eviction notice i saw financial advisor who said that we could afford extra £200 per month so i have offered this and i have paid this in May and June april i paid £140 extra on top of agreed amount. Spoke to NRAM tonight who state that the arrears are 13 months worth and that any charges are being added on the mortgage balance.

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Hi, you can send it to me at Ell-enn@consumeractiongroup.co.uk


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Hi, got it and sent you a reply :)


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Hi Ell-enn are you able to help me with my statement...Im of work tomorrow and need to get the form into the courtThanks

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Yes, I'll try and do it this afternoon, I'm at work so will have to fit it around meetings otherwise it may have to be this evening. Do you have a printer at home?


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yes I do have a printer at home, thanks for all your help it is really appreciated.

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Sorry, one more question - have you made the payment you were going to the other day ? this will help your case.


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That's great - can you get a print out from your bank account showing the payment - if you're on internet banking it should be easy (you might need to use a felt pen to blot out any other transactions on that day. We need to include the proof of payment with the N244. Was it an extra £200 you paid?


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Hi, yes i made the payment my monthly payment is £560 and i have paid the extra £200. Yes i can go onto my online banking and print a copy, as of today it shows the payment going out but it doesnt show who to...will that matter? I may be able to get a copy from the bank if not....

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If you go into the online banking in the morning it should show up who it was paid to (my bank doesn't show the name on the transactions till the next day) and print it off then.

Affixed is the statement for Q.10 of the form. You need to fill in the info where there are XXX's at the top and also in the statement itself (remove the XXX;s) read through it carefully to make sure everything is OK. When you print it out, your printer needs to be set for A4 paper (not Letter size) so it all stays on one page.

On the budget sheet – write the Claim number on the top left hand corner and Appendix 1 on the top right hand corner. Do the same on the proof of payment except it will be Appendix 2.

Now assemble as follows:

N244 - signed

Statement - signed

Budget Sheet - Appendix 1

Proof of payment – Appendix 2

This forms the pack to take to court. 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 take it to the court you will need to pay a fee of £40.00 and it will need to be in cash. The court staff should be able to give you a date for the hearing while you are there. Ask the court staff if there will be any free legal advisors on duty on the day of your hearing.

Buzbenic N244 Statement.doc


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These are the instructions for the rest of the form:

 

1.Names

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.


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Thank You soooooooo much! I have changed the additional payment amount to £200 as you have put £250...is that ok? I am going to go in tomorrow so i will let you know what date we get.

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I thought you agreed last night that given the excess shown in your budget sheet you would need to offer £250 extra?? Did you change the budget sheet ? I'm sure the last one we did showed £250 towards the arrears ? you need to be careful here that the statement reflects what is shown in the budget sheet - if you have an excess of £50.00 the judge will expect you to pay more. Can you confirm you received the budget sheet I sent you with the redistribution (was sent at 9.28pm)


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Sorry my fault cross wires I was looking at wrong one! U have got the correct one now.

Yes I an going to increase offer. I can pay the extra £50 for June and I'm still in time to do it today what do you think?

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