Halifax eviction notice ***Success***

[Ell-enn]

Hi, if they won't allow you to make an arrangement with them and issue an eviction notice you can apply to the court on a N244 form to ask for a hearing to get the eviction suspended and we can help you with that application. Obviously it willl be better if you can get them to agree to you making payments to stop the eviction notice.

 

I would notmally  advise you send a letter to the solicitors (can help with wording if needed) then if you have to go to court you will be able to show you tried to come to an arrangement.   Your arrears aren't high (in comparison to some cases) and I can't see a judge taking a home away from a family for an arrears amount that is manageable in a reasonably short space of time.

[Ell-enn]

Hi,  if you need help with the letter let me know and I'll draft something for you.

[Ell-enn]

OK,  in the meantime can you answer the following questions please:

 

Is the mortgage in joint names

What was the reason for missing the payments under the suspended order?

How long is left to go on the mortgage term?

If your arrears are only just over £1,000 then offering £400 per month is perhaps too much - you have children who will need things unexpectedly plus any unforseen items in the home breaking down, or car repairs?   You need to make the payments completely maneageable.

 

I have affixed the budget sheet we normally use - it calculates automatically as you fill it in and will show you what you can actually afford to offer.

Let me know when you have done it.  You can then send it with the letter and also it will come in handy if you need to apply to the court for a hearing.

Budget Sheet.xls

[Ell-enn]

No problem. Just thinking - if you are not named on the mortgage why is the lender discussing with you? 

[Ell-enn]

Hi, you've only put 100 for mortgage arrears ?  I thought you were going to offer 350/400?

[Ell-enn]

Also,  what is the £75 for entertainament?

[Ell-enn]

OK,  I understand what you mean now - I think offering £115 is fine - that would mean you wold clear the arrears in less than a year,  quite acceptable.

 

I will draft a letter for  you in the morning as I have to go out shortly.

[Ell-enn]

Hi Draft letter affixed.   you need to put your address at the top, the lenders name & address under the date and also put in the mortgage account no

.

You should send these letters by Special Delivery and keep the postal receipts  so you can check on royalmail website to print of proof they received them.

 

Send one copy of the letter to Halifax  (make sure you have the right department) and one copy to the solicitors with a covering letter as below: (your address, their address and mortgage account no as the other letter - then put:

 

 

Please find enclosed copy of a letter send to your Client Halifax Building Society.

 

Yours faithfully,

 

 

XXXX

 

 

Enc.

Tash 1990 Letter.doc

[Ell-enn]

I really don't think you will lose your home for the sake of £1,000 of arrears which can be cleared in less than 12 months.    Send the letters I've posted above and wait and see if an eviction notice appears - we can then defend that in court.   Make sure you send by Special Delivery by 1pm   so they definitely get them tomorrow (I'm afraid it will cost £5 per letter but worth it  as it may stop them issuing an eviction notice)

[Ell-enn]

Make sure you take a couple of photocopies of the letters in case we need them for court.

[Ell-enn]

OK,  keep the copy letters and receipts in a safe place - best to get a file/folder to keep everything in and in date order - then you will have everything together if we have to go to court.   If you can print out the CAG budget you did sheet at some time it would be helpful to keep in the file - it will be needed for a court pack.

 

You say you've sent them recorded (not Special Delivery) ?    they may not get them by the end of the week and recorded don't always get signed for but SD does, helpful if you need to prove they got them.

[Ell-enn]

OK,  fingers crossed they receive them quickly.  If you wait a few days yu can check on the royal mail website to check they have signed for them.  You can then print out the proof and keep with the letters etc.

[Ell-enn]

OK,  let's see if they reply to your letters.   If nothing by next Tuesday we'll start to draft your application for a hearing.  do you have a printer at home ?  you'll need to print out quite a few things

[Ell-enn]

Hi, my laptop isn't working so I'm using my IPad at moment  till I can get it fixed but I expect it will be after bank holiday.  However I can reply to your posts.

I don't think for a moment you will lose your home for arrears of just £1000. We can't do anything till Tuesday anyway and I will be back at work and able to use computer there.

Try to stay positive, you'll be ok

[Ell-enn]

We can mention that in your N244. I'll get on to it tomorrow, I had a lot of meetings today and my laptop is still not working at home so need to use work pc

[Ell-enn]

Should be ok as long as paid in month it's due. 

I'll put some stuff on herevtomorrow for you to read when you get back from work. There will be some instructions you need to follow carefully 

[Ell-enn]

Hi,  please follow the instructions in this and the following posts:

 

Firstly,   you need to print out the N244 form to apply to the court for a hearing - I have affixed one to this post).   These are the instructions for completing it.  As the mortgage is only in your partners name he will have to sign it and also attend the court hearing.

 

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.

 

 

n244_0400.pdf

[Ell-enn]

Secondly - you will need a copy of your letter to Halifax and your budget sheet to attach to the application.

Affixed is the statement for court. You need to fill in the info where there are XXX's at the top (remove the XXX;s) the info you need will be on the court forms you have received. Read through it carefully to make sure everything is OK and change all the XXX’s throughout the statement. When you print it out, your printer needs to be set for A4 paper (not Letter size)  

Now assemble as follows:

 

N244 form, completed and signed

Statement – signed

Copy of letter sent to Halifax
Budget Sheet
This forms the application pack for 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 hand it in to the court there will be a fee to pay (not sure how much it is now but  make sure you take the eviction warrant with you as the fee is reduced if you actually have a warrant -  some courts require you to make an appointment to submit your N244 - ring your local court and ask them what the procedure is and ask what the fee is at the same time (tell them you have eviction warrant), also ask if they take debit cards or if it has to be cash.

 

Ask the court staff if there will be any free legal advisors on duty on the day of your hearing – they can go into the hearing with you and support your case.  

 

 

Tash 1990 Statement for N244.doc

[Ell-enn]

Hi, don't worry about the guy from Halifax coming round, they're only trying to tick a box in their procedures. There's no way a judge will evict for such low arrears. Get the application to court as soon as you possibly can - but ring court to find out how much fee is (remember to tell them you have an eviction warrant).

If you have to just pay the basic mortgage payment so you can pay the court fee then so be it. You can tell the judge at the hearing you had to spend money on a totally unnecessary court fee because Halifax wouldn't help.

[Ell-enn]

Of course it does, and they know that!

[Ell-enn]

The court will send a copy of you N244 to Halifax, they may change their mind when they get it

[Ell-enn]

If you didn't agree to the agent's visit then you can ask for the to refund  the fees. We can deal with that after we've got the eviction sorted

[Ell-enn]

Ok, use the statement I posted as it is for the N244. We will do an updated one to take to the hearing with anything else that's happened up to that date

[Ell-enn]

You're welcome    it'll be OK

[Ell-enn]

Ignore the letter the important thing at the moment is to get your N244 to the court for the hearing.