Halifax eviction for the third time - 28th november 2018

[Chilli501]

I have a letter from the doctor i fet a few weeks ago stating that i have fibromyalgia and depression but it doesnt go into detail.

 

I can get some pretty detailed info from the NHS website if that would help?

 

Its a pretty complex illnes that affects every part of the body and has a very diverse set of symptoms ranging from ibs to severe fatigue, sleep problems, severe pain which can be made much worse by stress, and a lot more symptoms also

 

That should have said "got" from the doctor.

 

This illness is for life unfortunately and most people cant work.

 

My symptoms are not under control at the moment and they are adjusting my medication but i can also give them a recent prescription?

Edited November 24, 2018 by dx100uk
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[Ell-enn]

OK, I have finished your statement to go with the N244, however when you access the file at the library you will need to enter info at the top of the statement where there are XXX's ( the info you need will be on the eviction warrant). Are you OK with editing Word documents?

[Chilli501]

Yes, a little rusty but i should be able to manage

 

Thank you so much for your help Ell-enn

[cerberusalert]

Check these two links with regard to reading files and printing;

 

http://www.geardiary.com/2010/04/12/how-to-view-pdf-files-on-an-ipad/

 

https://discussions.apple.com/thread/3964518?start=0&tstart=0

[Ell-enn]

OK, when you get to the library tomorrow - log onto CAG and this thread - then open the affixed documents

 

The first one is the statement to go with the N244 - you need to remove the XX's in the boxes at the top and enter the info from the eviction warrant (remember to take that with you). Then print it out and sign it.

 

The second is the instructions for completing the N244 form - print it out and follow the steps to complete the form

 

The third is the budget sheet - when you have filled it in and printed it out you need to write the Case number on the top left hand corner and Appendix 1 on the top left hand corner.

 

I have also affixed an N244 form.

 

Once you have completed and printed the statement, budget sheet and N244 you will need to photocopy them and then make two sets - one to hand into the court and the other for you to refer to in the hearing. Make sure the one you hand into the court is stapled securely. There is a fee of £40 to pay when you take the form in and the court staff should be able to tell you when the hearing will be.

 

I will be on line in the morning if you have any questions.

Chilli N244 statement.doc

Instructions for completing N244.doc

Budget Sheet.xls

n244_0400.pdf

[Chilli501]

Thankyou Ell-enn

 

Ive had a quick look but will have a more in depth read a bit later.

 

Ive had a look at my statement and its really clear and to the point. Im glad you did it. I tend to be a bit long winded and would have put much more down!

 

Ok, ill get on with it as soon as i can tomorrow.

 

At least i have a chance of some sleep now. I feel more relaxed right now than i have in a long time and im very grateful to you

 

Have a good night

Edited November 24, 2018 by dx100uk
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[Chilli501]

I'm being evicted by reliance on 29th June. 7 years ago I was happy, healthy, had just stared a relationship and life was good.

 

On a whim, I had a tummy tuck. 6 weeks later, I

 

fostered my 2 grandsons aged 1&2.

 

I got mrsa and had to leave work.

 

We had no money coming in and debts racked up.

It took 6 months to sort out benefits.

 

A year later I was diagnosed with fibromyaglgia and since then, quite a few other issues,

 

Fibromyalgia- this affects memory and cognitive function, severe pain, sleep issues to name a few symptoms.

I'm under rheumatology, physio, gp

 

Gastritis and bile reflux- severe vomiting and weight loss, I'm now on nutrition therapy under the dietetics team

 

Severe agoraphobia-I leave the house WITH MY MUM for appointments only and rely on family for anything I need

 

Depression and anxiety- severely affects fibromyalgia and gastritis symptoms

 

Sacro iliac joint dysfunction-causes pain and mobility issues

 

Raynauds syndrome

 

Arthritis

 

This is what I can remember.

 

I'm on strong medication for the above which again affects my memory and cognitive ability.

During this time I've been under severe emotional stress, fighting at least 5 more repossession orders and eviction notices from my main mortgage with the Halifax as well as reliance.

 

Both my mum and dad had heart attacks in the same week,

 

a few months later my other sister had a stroke, another is fighting cancer for the 5th time.

 

The children had to return to their mum (not the one who died) and most recently, my relationship has broken down and im now single.

 

By far the worst time has been since my daughter died on 26/07/2013. I saw her a couple of hours before

All of this has had a profound effect on my ability to manage in my day to day life.

I'm under psychiatry and occupational therapy to try and help me to manage

This was my daughters home all her life.

She was 20 when she died. I don't think I could cope If I lost it.

 

I'm on ESA with disability element at £250 a forghtnight and have my assessment for p.I.p on 23rd June.

 

The claim for p.I.p has been going since June 2013 and is now on mandatory reconsideration.

 

I also received my annual mortgage statement from reliance that says I have ppi of £1095.34 which was taken out with the loan at a rate of 11.808% pa.

I intend to claim this back.

I forgot to say that reliance are being paid the interest on the secured loan and I have around £3000 arrears.

 

I have no idea what to do.

Is the account in dispute due to the ppi claim?

I need to fill in an N244 and add evidence of sea and my pip claim.

Is there anything else I can do?

 

Apologies for the very long post

Edited June 18, 2015 by SabreSheep
Formatted

[caro]

It would appear that you managed to stop possession in 2012, and presumably at that time agreed to pay something off the arrears which you've been unable to do. Is that right?

 

 

You should include a budget sheet with your application.

[Chilli501]

I was paying an extra 100 of the arrears per month but haven't paid anything since going on esa around a year ago.

The interest is being paid through the mortgage interest scheme the government have.

I'm dreadful at correspondence not only because of memory issues but also the anxiety which overwhelms me.

Im agoraphobic too so how the heck to I get to court?!!

This is what I thought would be best to go with the N244

 

I+e form

Esa award notice

Interest payments award

Pip assessment appointment form

Supporting evidence for my illnesses

 

Is there anything else I could add?

I have approximately £50k equity in the house.

I have around £3300 arrears although I've no idea how much is charges etc.

I have ppi on this secured loan which I fully intend to claim back.

Does this mean the account is in dispute?

Would this help to stop the eviction?

I've done some calculations and the ppi refund would totally clear the arrears.

Thanks so much for your help.

I'm panicking a bit

 

I should clarify that up until my esa claim started, my finances were totally different.

Back then I got guardians allowance, working and child tax credits, child benefit and my partners wages.

Now I get £250 a fortnight esa.

 

My circumstances are completely different.

I don't know if that will help me or make things worse?

 

They are at least getting the interest payments and I'm trying to scrape together £20 to make a token payment so that they know I'm serious.

At the moment my mental state isn't good.

 

In the space of 7 years I'll have lost my health, a great career, my grandchildren, my daughter, my relationship and very nearly lost 4 members of my immediate family. All have severe physical and mental issues now, if I lose my home I have nothing left

[caro]

I take it you haven't been able to claim off PPI?

 

 

Charges cannot be included in arrears, but it is certainly worth claiming any there may be.

 

 

You also need to include with your application how you propose to pay the mortgage going forward. You mention that the interest is paid, but does that cover the whole payment?

 

 

You need to be able to show that you can pay off the full mortgage payment plus some off the arrears.

[Ell-enn]

Hi, if you have a look back you can see the previous work we did for the N244 at that time.

Can you edit the statement etc to make changes for the circumstances you are in at this time ?

[Chilli501]

Things got so out of control

I didn't claim my ppi back but I've worked out the percentage of the monthly payment.

 

Do I need to document each payment since the beginning of the loan?

I got some bank charges back a few years ago so have a vague idea of some of the things I need to do.

I could sure do with a few pointers though!

I've been in a fog for a long time.

Today I have more mental clarity and I want to use it while I can :-/.

 

Regarding filling in the form N244, I could seriously do with some help on how to word my statement.

I'm willing to make a monthly payment to pay off the arrears but I'm not sure what to offer them realistically at the moment.

 

Could I ask that the mortgage be converted to interest only so that anything I do pay comes off the balance owed?

Or ask that they add it to the end of the mortgagee?

A variation in the court order maybe?

Or even a 2 month payment holiday?

Help!!

 

I have supporting evidence to show my illnesses including a statement from my gp.

If I can have a reduced payment or holiday for 2 months I should know the outcome of my pip claim.

If successful, I will get at least two thousand in back pay which I would happily use most of to pay off a good amount on the arrears

. I say if, all of the professionals and consultants ive seen agree that I cannot work for a variety of reasons

I know I can't rely on getting it without having to appeal and I'll still arrange to pay something but it would be so good if I could say to them that I can pay the arrears off.

 

Also, my ppi claim.

I was told I had to have it or I wouldn't get the loan.

I originally wanted a loan for £8000 which I got, along with ppi,

. This was rolled over into the loan (2nd mortgage, although they didn't call it that!) I have now.

 

This loan was actually supposed to be for £10k but I was told I needed to borrow enough to pay off the original loan too hence the loan being £18k plus £1095 ppi.

I haven't a flipping clue what to do?

Several ways these arrears could be sorted but which way do I go?

I'm so sorry for all the rambling, I need to get it out while I can.

I also apologise if I repeat things.

I often don't remember saying/asking things

 

Hi Ell-en. I'm glad to see you

I'll edit the statement and get back to you ASAP.

I've been useless in keeping up communications with reliance as it's all done by letter/email now.

They were ringing every day and I sent the letter for telephone harassment from here.

I'm grateful for your help

 

Right, I've calmed down slightly.

I realise I can't wait for a claim for either ppi or pip to be decided.

This means that there are three routes I can take.

Admit defeat and leave but ask for time to sell,

beg for them to capitalize the arrears (unlikely)

or offer them a small payment

and hope the judge thinks it's enough, at least for now.

 

There's 16 years to go on the mortgage and I have about £50k equity at today's house prices.

There's only me to focus on, no dependents, no credit or store cards etc.

The only credit is the loan and the mortgage.

I'm in arrears with all utilities and several other companies such as virgin, orange etc but I know these aren't priority.

 

I owe the main mortgage company 3 times as much in arrears and the situation with them is exatly the same as in nothing is being paid except the interest.

I've had a bank account, credit card and mortgage with the Halifax, all with charges etc.

I need to check ppi on these but will claim if I can.

The Halifax have called me TWICE in all the time I've been on esa.

They aren't chasing me at all.

 

Reliance arent very nice at all.

I've been dreadful about sorting things out in the past but I just want things sorted now.

I'm too I'll to deal with this much longer

 

Anyone?

Edited November 24, 2018 by dx100uk
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[caro]

Only you can decide which of the 3 options is best for you, but if you want to fight you need to do your statement and budget sheet. Is the 16 years left on the mortgage with Reliance or Halifax?

[Chilli501]

Thanks for replying Caro.

I want to fight.

This has been my home since my eldest was a year old.

My youngest daughter lived here almost all her life.

I can't stand the thought of leaving here although I know it may come to that.

I know that if I am awarded pip I could clear the arrears very quickly.

If I claim my ppi back, this would mean I had no arrears.

It's a complicated one in that i should have had a decision from pip a while ago and this would have been sorted....

 

The 16 years is with Halifax.

I've gone completely blank on how long I have left with reliance but the original loan was taken out in 2008 and the 2nd one a year later, both loans were originally with ocean but, suddenly reliance had taken over.

Ocean was bad enough...

 

I think the loans were taken out over 5 years

Edited November 24, 2018 by dx100uk
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[Chilli501]

*

Claim No: XXX

*

 

In the XXXX Court

 

*

 

Between

*

 

XXXX

 

(Claimant)

 

And

*

 

Ms XXXXX

 

(Defendant)

 

*

*

I am the defendant in this case and respectfully request the court to consider the following :

*

 The arrears arose due to my suffering depression which was the result of being diagnosed with an illness which affects short term memory and cognitive processes. *This situation was further compounded by taking my 2 grandchildren into my home and obtaining a residence order for their care, this proved to be an extremely stressful situation and I was unable to cope with financial matters for some months. My two grandchildren have now returned to the care of their mother and I live alone.

*

I have now been prescribed more effective medication for my condition enabling me to focus more clearly on the seriousness of the situation. I have now asked for professional help in order to take charge of my finances. I realize I cannot realistically do this alone.

*

The Claimant has declined any offer of payment towards the arrears, despite being informed that my situation has changed and payment is now being paid through the interest payments scheme the government provide. (can't remember what it's called but I'll amend when I do! )

*

I am able to make payments of £25 per month towards the arrears in addition to the normal monthly payment.

*

Please see income and expenditure sheet – Appendix 1 affixed.

*

I respectfully request the court to take in to account the case of Cheltenham and Gloucester v Norgan and also S.36 of the Administration of Justice Act when considering my offer of payment.

*

 I am the sole resident in the property. I have serious mental and physical problems and any move from the home I have come to feel secure in would have a profoundly detrimental affect on my wellbeing.

*

I assure the court that I am committed to clearing the arrears on the account *and respectfully request that possession is not granted to the Claimant in order for me to continue to reside in my

 

 

home.

*

I believe the above to be true and factual.

 

*

*

Signed....................................................................................... * *Date............................................

*

 

Is there anything else I should add or will this be ok?

Should I add my sea award notice and my pip assessment appointment letter etc?

I have a letter from my gp stating some of the illnesses I suffer with.

Would it be worth adding this in?

I'm agoraphobic.

 

I'm DREADING having to go to court .

I've applied to an advocacy service, a needs assessment and the housing list.

Thanks again...…

 

Also, do if fit the criteria for vulnerability?

Edited November 24, 2018 by dx100uk
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[Ell-enn]

It's best to affix any evidence of your illness - remember to take a photocopy of the N244 and everything you affix, before handing it in to the court - do not post the form at this late stage, if you can't take it in to the court yourself then get someone else to do it - there will be a fee to pay of £50 and it will have to be in cash.

[Chilli501]

Thanks Ell-en. I'll get onto it ASAP.

Will I need to pay the fee with me being on income related ESA?

 

It will be a big problem if i do have to pay

. I have absolutely no money at all and nobody I could borrow it off.

Would the court take faxes?

I could maybe send it to them that way?

Or email?

I can get it handed in for me tomorrow if not.

Thanks again.

I'm really grateful for your help

 

Would it be worth asking the court to respectfully consider changing the terms of the loan to interest only?

They are already being paid this.

(I'm gonna check this again to make sure I've got it right and it's not the Halifax.

I'm almost positive reliance are being paid but with my luck recently that won't be the case!

At Least if it's interest only, any payment I make myself will come off the balance....

 

I really can't believe I'm in this mess again after everything I've been through.

It's the second anniversary of my daughters death next month too, it's hard to cope at the moment

Edited November 24, 2018 by dx100uk
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[Mr.P]

Will I need to pay the fee with me being on income related ESA?

 

Ask the court for an EX160 (or download & print off pages 4 & 5). If you are on income related ESA, you should get full remission for the court fees.

[Ell-enn]

You need to fill in a form for fee remission, and it has to be handed into the court with evidence

- I have affixed the form so you can see what is required

- EX160a web is the guidance notes and EX160 is the actual form.

ex160a_web_1010.pdf

[Chilli501]

Thank you Ell-en and mr p. I'm on it now...

[caro]

Trouble with interest only is that the day will come when the loan term will end and you will need to find the balance. If you can't do that, then your home will be at risk again.

[Chilli501]

I have plenty of equity in the house to pay off the mortgage and have around £50k left over.

I don't know if that helps either.

Is there any way I could release the equity?

I'm not bothered about having cash if I'm mortgage free....

 

Just a quick question.

I received a statement from reliance a couple of days ago which states on it that I paid an up front sum of £1095 on the loan.

I also have quite a few penalty charges I intent to claim for.

Does this mean that the account is in dispute?

Thanks again for all your help...

Edited November 24, 2018 by dx100uk
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[Mr.P]

Is there any way I could release the equity?

 

An equity release scheme is just another way of borrowing money against a property. At some stage the vendor will want the money back with interest (and usually at a higher rate than a mortgage). I'd avoid them like the plague and find other ways of paying off the existing mortgage.

[Chilli501]

Thank you mr P. Could I say the account is in dispute?

[Mr.P]

Could I say the account is in dispute?

 

If you disagree with certain penalty charges, then it would be reasonable to say the account is in dispute (in my opinion). But I'd wait for the experts in this area to comment and advise you further.