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

[Cadbury10]

I think you're just deliberately trying to cause me distress .

[Cadbury10]

13 minutes ago, Ell-enn said:

It would be a complete waste of time doing their I & E form - what would you put on it anyway?     by the time they got round to looking at it and then still saying no, you would have had the hearing anyway.....

 

Which court is it you're trying to get in contact with - I'll see if I can find anything out about alternative contact numbers

 

Not sure why they want it completed anyway considering what they said over the phone and even though they said they might re-consider, they have already refused any offer I have put forward.

 

Thank you - It's Norwich county court

[Ell-enn]

I can't get an answer either - try sending an email to [email protected]    you'll need to quote the case number and your name.   Tell them you've been ringing for days and need to get an appointment to submit a N244 application - how do you do this and how do you pay?

 

Put your phone number on the email - apparently they'll call you back - you'll then need to make sure you answer your phone to numbers you don't know in case it's them.    Court staff are usually really nice and helpful so don't worry about talking to them.

[Cadbury10]

Ok thank you I will email them.

 

If the application is sent to them before receiving eviction notice, would it still be requesting a suspension of eviction, or something different such as suspension of possession order? 

 

Also what would happen if I made the application before receiving eviction date and then received an eviction date prior to hearing? Would I lose the £250 fee and then have to cancel my application and make another to defend the eviction with a £50 fee?

 

Would they have to receive my application before taking payment over the phone? Might be best to have everything together ready to send application as might receive eviction date in the meantime, so not sure how much I need to pay. 

 

 

[Ell-enn]

Frankly I would wait for the eviction notice, it will be a cheaper fee of £50.00 plus there are no complications with the application - you will ask for suspension of eviction, but lets not get ahead of ourselves.....

 

First things first  - email the court and wait for them to respond,  then we'll make plans for what to do - the eviction notice may arrive in the meantime.  When did they say they had applied for it?

 

I won't be back on line until after 9pm tonight as I have an appointment after work.

[Cadbury10]

Ok. The solicitors letter saying they have been instructed to enforce possession order is dated 3rd June and I received that letter yesterday. The 2 hour phonecall with Britannia was on 4th and they waited until towards end of call before telling me they had already applied for eviction. 

 

Should I also ask the court in email if there is any eviction date confirmed? 

 

When do you think you will be able to send the statement across? Thank you Ell-enn - Really do appreciate your help.

[Cadbury10]

Hi, 

 

I emailed the court - The email address you gave was for Magistrates court and have also emailed County court. Will let you know when I hear from them.

 

Do you think £10 per month would be acceptable towards arrears?

[Ell-enn]

I don't know - do you mean £10 per month on top of the normal monthly payment?

[Cadbury10]

Yes. 

 

And I could manage £10 per month towards the arrears until I am able to return to work & resume full normal monthly payments, plus any extra payments to reduce arrears in the meantime if I am able to. Does that help at all?

Edited June 6, 2019 by Cadbury10

[Ell-enn]

Are you saying £10 a month until you are working?   but you can't give a date when you will be back at work  I doubt that would be acceptable but I guess if that's all you can do, you can put it to the judge.

[Cadbury10]

Yes, plus any extra if I can. Or I could probably manage £20 per month, plus extra if I can, until I am back working if that helps?

 

I think what I meant was would that be an acceptable amount to offer towards arrears in addition to normal payments when I return to work? And would it go in my favour at all to make any payments of whatever I can manage between now and then?

 

Would I be allowed to ask the judge to allow me 6 months to return to work? Will it go in my favour at all that I have put the property on the market for sale? 

 

I'm really worried that I can't offer my normal payments at the moment. If I pay whatever I can in the meantime do you think that would go in my favour?

 

 

Edited June 6, 2019 by Cadbury10

[Ell-enn]

To be completely frank - I think you'll be extremely lucky to achieve what you want - I've never known a judge to allow someone to pay virtually nothing for 6 months while a property sells  - but what else can you do but ask? 

 

All I an do is help you with the N244 application, I can't predict what the judge will do in your situation.  There's no point in me telling you everything will be OK because I just don't know.

 

I cannot stress strongly enough that you should contact Shelter to see if they can get you some legal representation in court.

 

I'll be back on line in the morning, lets see if the court reply to your email and take it from there

 

[Cadbury10]

That does make me feel extremely worried. I wish I was in a position to make usual monthly payments to them straight away, but sadly I'm not, partly due to the way they have treated me, which hasn't helped my situation.

 

I am just worried that being forced back to work before I am well enough may make my health / financial situation even worse.

 

I may be able to a payment of something to them prior to hearing. Would that help my case at all if I did that and could show the judge I am doing all I can do?

 

You mentioned the judge may allow 3-6 months to sell. Do I need to request in my statement a specific amount of time to sell, or do I simply ask for some time without specifying how many months? 

 

I just want the best chance of success and to not lose my home. I just hope we can present my current situation in the best possible way to the judge.

 

The court have replied to my email and will be phoning me to take payment and said I can post the application. I would prefer to get the application submitted as soon as possible. Are there any other documents I should take with me to court?

 

 

[Ell-enn]

I have listed the documents you need above (numbered 1 - 3),  you could add your proof of income form to the back of the budget sheet and number it 3 also.

 

I have put in your statement that you are requesting a period of 6 months to sell the property - whether or not the judge will agree is another matter.

 

I have affixed the statement to go with the N244 form,  you need to read through it carefully, fill in the details at the top where there are XXX's - that information will be on the repossession info from the court when you got the suspended order - or if you wait for the eviction notice to arrive it will all be on there  - then read through the paragraphs and fill in the estate agent's name where there are brackets and then further down the statement where there are XX's for the amount you want to offer towards the arrears.

 

Please do not start fiddling about and adding all sorts to the statement - it needs to be on one page only or the judge will simply get tired of reading loads of text.   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.

 

Assemble the pack for court as follows:

 

N244 form - completed and signed

Doctors letter -  Numbered 1

Estate Agents details - Numbered 2

Budget sheet with future income and proof of normal income  - Numbered 3

 

Ensure it is stapled securely together so it doesn't come apart - you should take a copy of the whole pack for yourself so you can take it with you to the hearing for reference.

Cadbury Statement for N244.doc

[Cadbury10]

Hi Ell-en,

 

Thank you so much for you help & support with this. I should be able to be online again later this afternoon.

 

You mention suspended order, but it was an outright order as I didn't attend hearing. Just wanted to check you were aware of that?

 

I have received today letter from Britannia & also their solicitors. No eviction date yet, when the court phone back should I ask them if there has already been an eviction date set?

 

 

Edited June 7, 2019 by Cadbury10

[Ell-enn]

Hi, yes, when the court phone back ask them if they have received an application from Britannia for an eviction order,  if they have got one the fee will be less.

 

What did the letters you received today say ?

[Cadbury10]

Hi,

 

Thank you

- I'm struggling to work out what would be an acceptable amount to offer per month towards arrears.

 

Would £50 per month on top of normal monthly payments be more acceptable?

My current arrears are around £5000 and there is about 37 years remaining on mortgage.

 

I should have more time online later this afternoon to reply to you properly about the letter I received today etc. 

[Ell-enn]

£50 would probably be acceptable as we're asking for the Norgan case law to be taken into consideration (spreading arrears over a long period of mortgage) and at that rate would take between 8 & 9 years to pay off.  You say you have 37 years left on the mortgage - is that correct?   that's a long term for a mortgage......................

[Cadbury10]

Ok thank you - Yes thats correct, about 37 years left.

 

 

 

Hi,

 

The letter received today from Britannia dated 3rd June confirms receipt of a letter from me providing them with insight into current circumstances and that I am currently marketing the property.

 

They state they are unable to hold off litigation action and in order for them to review that they need to understand my current circumstances and complete an income & expenditure form.

 

They go on to offer an Assisted Voluntary Sale, offering to market the property for me and urge me to contact them phone and then they finish off by saying they offer a high level of customer service.

 

The letter received from their solicitor today dated 3rd June states that they have today requested an eviction date to be set.

They recommend I find alternative accommodation and enclose a notice of execution of the possession order.

[Ell-enn]

ok, by the time the court calls you back they will probably have had  their request for an eviction warrant,

[Ell-enn]

I'll be off line till later this evening as I have to go out,  but I'll catch up with any of your posts when I get back

[Cadbury10]

I received an email from the court saying that they can take payment once N244 received and have said I can email it also.

I said I would confirm when it has been posted and asked if they have received eviction application from Britannia.

Will keep you updated.

 

I have a few questions - Hope that's ok...

 

If application to suspend eviction was successful,

would the possession order then become a suspended possession order,

or still an outright possession order? 

 

If eviction was suspended and I am able to sell the property myself,

would there be any issues at all with a sale completing if there is any kind of possession order still in place?

 

Could that potentially cause any delays/problems completing sale at all,

or would any possession order automatically be cancelled on completion of sale?

 

I am confused about the difference between suspension / set-aside / adjournment etc....

If the judge did allow some time for me to recover health / return to work for example,

would the judge adjourn the case for a specific amount of time and would I have to return to court,

or would an order be made to suspend eviction on the condition of me commencing payments on a specific date, without any return to court?

 

If an adjournment for a specific amount of time, would I have to specifically request an adjournment in statement? 

 

Is there any option to request the repossession order is set-aside for period of time to allow time to negotiate a plan going forward with lender?

 

Do you think the judge will be able to see they have acted unfairly towards me?

 

I read somewhere (although in Ireland) that many repossession cases are adjourned / set-aside / suspended for 8 months or 12 months in some cases....

Do you think there could any possibility of that in my case?

[Ell-enn]

I would imagine that cases suspended for that period time would be when monthly payments can be made.

 

You should stop reading all these possible scenarios,  you can only put your case forward and hope for the best outcome.

When you post the application make sure you do it by Special Delivery, not recorded, that way they have to physically sign for it before 1pm next day.

[Cadbury10]

Hi Ell-enn,

 

Thanks so much for your reply. It would really help me to understand and worry less if you could answer the questions I would appreciate

 

And yes, will send via special delivery 

Edited June 7, 2019 by Cadbury10

[Ell-enn]

If the eviction is suspended then the situation will be that possession is suspended.

 

There should be no problem selling the property with a suspended possession order in place - the money from the sale will pay off the mortgage in the normal way.

 

A case can be adjourned to be heard at a later date if the judge wants more information but it wouldn't be for a 12 months, unless payments were being made during that time. However, a suspended possession order stays until the arrears are cleared and even then you have to apply to the court to have it removed, but the lender also has to agree.

 

You're not doing yourself any favours by searching round the internet trying to find a case that fits what you want to achieve.  You need to remember that you aren't able to offer any monthly payments - this makes your case different.  Stop trying to make it fit into other cases you think are the same.

 

I don't know what the judge will decide - in the 300 or so cases I've dealt with I've never sent a case to court where someone hasn't any money to pay and can't say when they'll be able to do so - so I can't answer any of your questions about what I think the judge will decide, because I just don't know.  All I can do is advise you and give you a statement which may give you the best chance.

 

If you'd just take the advice I've been giving you about contacting Shelter to see if they can get you some representation in court then it might strengthen your case.  For the life of me I can't understand why you won't do that.