Britannia Repossession / Eviction - Help & Advice Needed with N244***Suspended***

[Ell-enn]

Affixed is the updated statement to reflect the letter you sent to them being attached.   You will now need to renumber all your attachments.

Cadbury Statement for N244.doc

[Cadbury10]

Hi Ell-enn,

 

Thank you so much for this. Does it matter which order I number the letter as? And should I include all attachments that were included with that letter, even though those documents are already included with the application?

 

I sent email to the court asking if Britannia had applied for eviction order and provided the case number. Have received an email back saying that the fee will be £255 with notice or £100 without notice. They have asked me to provide case number again and more information to confirm a fee. Not sure if that means they haven't got an eviction date set yet, although the solicitor stated they had applied for eviction on 3rd June and no eviction date received in post yet. Are the court allowed to confirm via email if an eviction date has already been set?

 

Will be online again as soon as I can.

 

 

[Ell-enn]

Yes it does matter what order the documents are numbered as they are referred to in the statement in order - have you read it ?

 

You've asked  "And should I include all attachments that were included with that letter, even though those documents are already included with the application?"   -  what documents already included?

 

The only attachments I have listed for the statement are:

 

1. Doctor's letter

2. Copy of letter that you sent to the Claimant - 1 page!

3. Details of estate agent - proof of property being advertised for sale

4. Budget sheet showing future income.

 

Please don't start adding a load of documents - this will make the application too long for the judge to read - it needs to be concise and to the point .

[Cadbury10]

The letter I sent to lender included the doctors letter, 3 links to online marketing of property and one set of printed property marketing particulars / brochure.

 

I now have 3 separate estate agent brochures (including the one I sent to lender with my letter) which I will include with N244 along with copies of contracts and marketing report. What I meant was, should I staple a full copy of letter I sent to lender (including the documents I attached to their letter) as appendix 2, even though their will be duplicates of the doctors letter and some property details in the N244 application already?

 

My doctor is also doing a fit / sick note up to mid August. Should I also include this with N244, offering normal monthly payments + £50 towards arrears starting from 30th August (30th is normal repayment date)? Do you think that would help and do you think the judge might make an order for those payments to commence from 30th August? 

 

I could also include a photocopy of prescription medications if that would help? Should I also include that with N244, or just take a copy with me incase the judge asked to see it?

 

I have heard again from the court that the warrant has been issued, although a date has not yet been set by the Bailiffs. They have advised that they have a duty legal advisor available on Wednesdays for possessions and that I can request a weds hearing when I make payment.

 

I have a family emergency at the moment, so will organise my papers again and be back online as soon as I can. 

 

Once again, really appreciate your help and could never have done this without your support x

Edited June 10, 2019 by Cadbury10

[dx100uk]

You will only have 10 minutes in the hearing to get across what you want to achieve so we don't need the judge only reading half of it.

 

the very very minimum additional 'evidence' to back up each of your points in that letter ell-enn has done.[one piece of evidence' backing up each point only]

 

the rest is for LATER, if you succeed and get a full hearing

 

[Ell-enn]

Don't duplicate anything.  The estate agent's info is covered by number 2.  You could attach the fit note to the doctor's letter under number 1.   Leave everything else as it is please.

Take any other documents with you to the court on the day of the hearing.

Request a Wednesday hearing and make sure you get there early so you can ask the duty legal adviser to accompany you into the hearing,

[Cadbury10]

Still no eviction date received. No sleep at all last night worrying about what would happen if eviction was on same day as hearing and the fear of my cats being run over if the locksmith opened front door.

 

I have included 3 different estate agents brochures/contracts with N244 - Is that ok or should I just include one? Would you be able to check my budget sheet is ok?

 

 

[Ell-enn]

If the house is being marketed by 3 agents then yes, put all 3 in - I assume they all have pictures and details of your property?

I'm happy to check the budget sheet - do you have the proof of your income to go with the budget sheet?

[Cadbury10]

Yes all 3 have pictures which are pretty much all the same - I will include all 3. Yes I have the proof of income.

 

Thank you - How can I send you the budget sheet?

 

 

[Ell-enn]

You can attach it to your post.  Use the "choose files" option in blue text at the bottom of the post.

[Cadbury10]

I would prefer to send it just to you if thats ok - Do you have an email?

[Cadbury10]

If not too much trouble, please could you also mention in statement that being evicted would be extremely detrimental to my health and would also likely result in bankruptcy. 

 

Do you think my spinal injury should be mentioned in statement (it was problems relating to previous surgery for that which led to reduced income from being unable to work, resulting in falling behind with payments). The nervous breakdown I suffered was after falling into arrears, as a direct result of extreme stress caused by harassment from creditors, with the main stress being the immediate threat of repossession. This has been further exasperated by Britannias' constant failure to offer or accept any affordable repayment options. Throughout this I have also suffered personal bereavement. 

 

My GP has stated a return to work date for August on fit note - Should this date be added to statement as a return to work date with offer to make normal monthly payments plus £50 towards arrears from August? 


I paid Britannia £10 on 4th June and may be able to make a payment of £50 next week reducing arrears further, plus a further payment of £50 in July, with normal monthly payments + £50 towards arrears from August onwards. Should that be added to statement also?


Also do you think anything should be mentioned in the statement about the property being inhabitable when I purchased?


Do you think it might also be worth mentioning something in the statement that I have pets in the property and their safety is paramount to me? Eviction would be detrimental to their well-being and could place their lives at risk. 


Do you think it might also be worth asking the judge to allow a period of 6-12 months to sell instead of 6?

 

Really appreciate your help with this and never could have come this far without your support.

Edited June 11, 2019 by Cadbury10

[Ell-enn]

If we add all that to the statement then it will be far too long - it needs to be one page only supported by the attachments.  I will add the issue of being detrimental to your health and put it on here in the morning.  Pets are not a consideration in this kind of case, unfortunately.

 

As I said before,  the judge can only make a decision regarding the ability to pay the lender,  some circumstances will be taken into consideration but they won't be interested in hearing every little detail of your life, again unfortunately

 

 

[Cadbury10]

Thank you - In addition to adding that eviction would be extremely detrimental to my health, please could you also mention that it would probably also result in bankruptcy - Due to the substantive financial losses that I would incur. 

 

In first paragraph of statement it currently says that that the repossession action has worsened my condition, so I just thought re-wording that paragraph might make it a bit clearer that the pre-existing spinal injury is not related to the nervous breakdown (which was caused by the repossession action). I can take proof of past spinal surgery/injury to court with me if needed. Or if you think best to leave that paragraph as it is? 

 

I have added the fit note to the doctors letter. I thought a return to work date would be better to help the judge, so that they know when I am proposing to be back at work & making payments?

 

I thought I had to mention in statement any payments that had been made to lender since falling into arrears? Will the judge already know what the current arrears amount is?

 

Am I able to PM the budget sheet to you?

[Ell-enn]

Just leave the statement as it is - I did mention in an earlier post that you could include the fit note with the doctor's letter so you will have to number it 1 also.   The judge will be aware of the arrears figure.

 

You can't affix documents to a PM

[Cadbury10]

I am including the fit note but do you think it would be a good idea to also put in statement a date for me to offer to commence normal repayments + arrears? 

 

Do you think August will be acceptable to the judge for me to commence repayments.... And obviously pay anything else I can to the lender in the meantime? I am really worried.... 

 

Would presenting a return to work date in the statement give the judge power to make an order from that date?... I'm just really worried that if I don't put a clear offer of payment and a date in the statement that the judge might not be able to do much?... I also really want to avoid having to return to court. I thought you said before that a specific date to commence normal payments & offer towards arrears would be better? What would the likely outcome be if I don't specify any return to work date?

 

It's easier for me to email budget sheet - I have seen your email address on here before but cant remember where.

Edited June 11, 2019 by Cadbury10

[Ell-enn]

Once again, you're overthinking everything, and asking me to predict outcomes for different scenarios which I can't do.

 

You are affixing the fit note from your doctor and also the budget sheet with proof of future income - that is sufficient.  The judge will read the statement and when he comes to where there is a number (i.e.No 1 - the doctor's letter and fit note)  he will turn to that number and read it, and so on throughout the statement.

 

I don't think you will have seen an email address for me on here - in any case I don't use a forum email.

[dx100uk]

KISS - Keep It Simple Stupid....

you only have a 10 min window

[Cadbury10]

I'm just really confused. I thought you had said that judge would only consider allowing me time to sell property if normal payments + something towards arrears were offered going forward. 

 

I will be returning to work on 17th August. My repayment date is 30th of every month, so could we also add to the 4th paragraph of statement the 30th August to resume proposed payments?

 

I'm just really worried from what you have said previously that my chances of success will be worse without specifying this date in the statement. Can the judge then consider making an order from that date?

 

Considering there is only a 10 min window, I thought it would be better to set out this date / proposal in the statement.... Just thought that is what you had stated before.... sorry if I have misunderstood, but just want the best possible outcome. 

 

All of the posts I have read I have not been able to see any budget sheets, so thought they were private?

Edited June 11, 2019 by Cadbury10

[Ell-enn]

You're confusing yourself!  the judge will read the fit note with the date to return to work.  You keep asking for stuff to be put in the statement but the evidence is in the attachments - I don't know how much clearer I can make this and frankly I'm getting tired of reading post after post of the same thing.

I can only help you with the N244 I can't predict any outcome given your circumstance,  now you can either work with me on the application or you can go it alone.  I'm sorry, but that's all I can do.

I will be back on line in the morning.

[Cadbury10]

Thank you so much for the support and reassurance - I really do appreciate.

 

My nan has been rushed to hospital with suspected heart failure and my dad also in hospital with heart problems following lung cancer & chemo...

 

Will be back online as soon as I can.

 

Just wanted to say please accept my sincerest apologies for any confusion, repeated questions & worries.... Again, I am extremely stressed and exhausted and tearful and also on several medications. I do struggle with text, but really am doing the best I can and am so sorry if that comes across in any confusing manner.

 

Just really don't want to lose my home and once again, I am so grateful for your help and support, which never would have been possible had I not found this forum xx

 

 

[Ell-enn]

I do understand you are stressed and that it is an extremely worrying time for you however, there is nothing to be gained by repeatedly going over the same stuff again and again,  it will not change the situation and we need to draw a line under all this repetition and get on with finalising the application so it's ready to post after the court has rung to take payment.

 

I have affixed the amended statement to reflect some of the things you wanted to say - so now you need to assemble your pack as follows:

 

N244 - completed and signed

Statement - signed

Copy of Doctor's letter & Fit Note - numbered 1

Copy of the letter you sent to them - numbered 2

Estate agents details - numbered 3

Budget Sheet with proof of future earnings - numbered 4

 

If the documents are too thick to be stapled you will need to put them into a ring binder or similar to ensure they do not become separated.   Send by Special Delivery  - to be signed for by 1pm next day.

Also ensure you have a photocopy of it all to take with you to court - again in a binder with any other documents you want to take.

 

Please confirm when you have it all ready - so we can do one final check.

 

 

[Cadbury10]

Hi Ell-enn,

 

Not sure if you realise you haven't attached anything. 

 

From what I understand the court will not phone for payment until N244 received. 

 

 

[Ell-enn]

Ooops, sorry,  I'm really busy at work this morning and thought I'd attached it - should be there now.

 

You should now get it sent off asap - don't forget to make the pack secure and send by Special Delivery (not Recorded Delivery)

 

Please confirm when you have completed the list I put on my earlier post for assembling the N244 pack.

Cadbury Statement for N244.doc

[Cadbury10]

Thank you so much - I will get everything organised and ready to send.

 

Still haven't received an eviction notice - Should I wait for that before sending so that the fee is lower and will I need to attach copy of eviction warrant to N244? From what the court said in emails, I think if I send the N244 before receiving eviction date, the fee will be higher - Do you know if that's correct?

 

Will the claim number to put on statement be the same as claim number on possession order, or will the eviction warrant have a different claim number?