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

[Cadbury10]

Thanks, but I've exhausted every effort for assistance with this. I would be on the street if I was evicted. Would a judge not accept a token payment of what I can afford, or an offer of increased payments when my income increases until the property has sold?

 

 

I note from reading the forum that others have been granted time to assess their income and affordability moving forward - Cannot understand why I would not be given that chance too

[Ell-enn]

HB is right,  if you need another opinion on this then the very best thing you can do is to contact Shelter they will be open again the the morning it's their job to help people in your situation  https://england.shelter.org.uk/get_help

[Cadbury10]

I would move into rented tomorrow if I could, but not possible to do so without the funds

[Ell-enn]

The majority of other cases you have read have been where the defendants have been able to offer ta level of payment that a judge considered to be adequate to suspend eviction.

 

Please, please contact Shelter tomorrow

[Cadbury10]

Not much point trying to defend at all then really is there

 

And due to my medical conditions - That option is not appropriate for me

[Ell-enn]

Why is it not appropriate for you to contact Shelter - they are a marvelous organisation

 

[Cadbury10]

Succeeding in court would be a better option for me - Although any small amount of confidence or hope I had is now gone sadly 

[Ell-enn]

But Shelter may have another help option for you for court, I know they  can accompany defendants at the hearing and help support the case,  they have a legal team for situations like yours.. don't you think it's worth trying?

[Cadbury10]

I'm not entitled to any legal aid

 

If I had a chance in court then I would try that, but given your suggestion of my likelihood of failure, I see no point

[dx100uk]

nothing to do with legal aid - its free.

ring them tell them what you are repeatedly telling us here

 

they're the guys that can probably help you are affirm what we are saying is your best route.

 

[Cadbury10]

What is it exactly they can do to assist me?

 

Sorry if I am repeating myself, but under severe stress and also have various health problems.

 

I am also a stroke survivor and suffered massive brain haemorrhage in 2014 which nearly killed me...

I have some brain damage as a result of the bleeding and cognitive problems and any stress could cause a fatal bleed in brain, so this situation is obviously not good for me

 

People keep mentioning shelter, but no point getting assistance at court if I have no chance of success.. That would only exasperate my health conditions

[Ell-enn]

They may be able to provide some legal representation at a hearing which could give some weight to what you are trying to achieve

[Cadbury10]

I feel that would cause more stress and hassle for me at the moment. I have tried many avenues to get legal assistance and is not possible... It would be less stressful and easier for me to defend in court myself. If I had a good chance of success, I would be physically and mentally capable of going to the court myself to defend, but with a slim chance, I see no point in doing that

 

If they affirmed what you have said of hardly any chance of succeeding then that would be a waste of my time and energy and pointless to me

[Cadbury10]

 

Some of the replies on here have been so supportive, helpful and encouraging, but quite upset that some feel the need to cause further anxiety & distress with comments such as telling me I am just repeating myself over and over. These comments seem to have been removed now, but were clearly made with intention to cause upset rather than any support. Yes, maybe I do repeat myself. Some of my questions have gone unanswered and am also on several medications which can cause cognitive problems. Just wish people were a bit more mindful of their comments.

[honeybee13]

So what do you plan to do, Cadbury? Are you going to seek help from Shelter or just let this run its course in court, for instance?

 

HB

[Ell-enn]

I don't believe any of your questions have been unanswered - I have tried my very best to advise and help you but you always have a reason not to act upon it.   If an eviction notice arrives I will happily help you put in a defence asking for time to sell the property - I would never leave anyone without help - but I always have to be realistic.  It wouldn't be right to give anyone false hope.

 

However  I cannot understand why you refuse to contact Shelter who may be able to sort out rented accommodation for you as well as provide a legal representative in court - when I say they may be able to give "weight" to your case I mean their knowledge of court procedures and hearings will be invaluable when talking to a judge and the lender.  Legal assistance in court is invaluable.

 

However,  if you do nothing - you will be evicted that is fact-  bailiffs will turn up on  the eviction date, you will have to leave and they will secure the property.  You would then have to make arrangements with them to come back at a later date to collect any belongings you haven't already taken with you.

 

Please try to do something to make your situation better.

 

Which area of the country do you live in ? (county)

 

 

[Cadbury10]

Hi Ell-enn,

 

It may be less costly for me to apply with N244 now rather than wait for an eviction date. Not sure I would have to pay the court fee anyway due to low income.

 

In addition to asking the judge to allow as much time to sell as possible, could I also ask for more time to assess my finances / raise funds towards mortgage payments? 

 

I fell into arrears due to problems with a spinal injury and other health problems which affected my ability to work and also other factors. Since falling into arrears I have also suffered nervous breakdown and am currently taking several medications which affect day-to-day functioning / ability to work. I hope to be off of these medications soon, which would allow me to return to work and resume regular mortgage payments. In the meantime I could maybe offer a small amount towards arrears. I also may be awarded PIP, which would be an additional income, although it may be a couple of months before I would receive that. 

 

I can provide evidence for the judge of property on the market and GP letter. Am I allowed to ask the judge to not allow the lender to add any legal costs to my mortgage account? 

 

Would really appreciate your help with this and what to write on N244, as just don't want to lose my home.

 

 

[Ell-enn]

OK,  Firstly can you fill in the affixed budget sheet (it calculates automatically as you fill it in) - we will need this to go with your N244.  Let me know when you've done it.

 

We will take this one step at a time,  so everything is clear for you.

 

Do you have a printer at home?

Budget Sheet - Blank.xlsx

[Cadbury10]

I don't believe I always have a reason not to act upon your advice.

I appreciate your advice.

 

I am sure Shelter are great, but have already contacted several organisations and exhausted efforts to get legal representation.

From my understanding Shelter can help find private rented accommodation, which isnt a problem for me to find myself

- They problem is not currently having funds available to rent

- Hence trying to stop/delay eviction.

 

As for legal representation in court, I do not have enough time left to pursue this, so feel it would be best to focus on your assistance with N244 and maybe their might be a duty legal advisor available in court.

 

I don't think i'm doing nothing and trying all I am capable of to make my situation better.

 

Cambridgeshire.    

 

Thank you. Yes I have a printer and will do this as soon as I can.

 

Do I put my current income, or what my income will be when I return to work?

[Ell-enn]

You put what your current income is - we can deal with what the future income might be in your N244 statement

[honeybee13]

Information from Shelter on the legal side of things.

 

https://england.shelter.org.uk/housing_advice/complaints,_courts_and_tribunals/legal_aid_and_free_legal_advice

 

HB

[Cadbury10]

Hi Ell-enn,

 

Sorry I have only just seen your reply.

My current income is zero as I am not able to work at the moment due to ill health & several prescription medications.

My family are currently helping me with small amounts of money for food and basic survival

- So not sure what I would put on the I&e form...

 

I was thinking I should put what my normal income & expenditure will be when I am able to return to work, along with offer towards arrears and normal monthly payments, so that the judge can see that I can afford payments in the near future, until property has sold and ask if the judge would allow me some time to return to work on a certain date?

 

I'm not sure what I can put on I&e form otherwise... 

 

Would really appreciate you help. 

 

Hi HB,

 

Thank you for your reply. I am not eligible for any legal aid and cannot afford any legal representation.

 

I have also sought legal assistance on a pro-bono basis, however there is not enough time left now to pursue this and am not eligible due to court hearing already having taken place..

. I think will be better for me to go with assistance from Ell-enn with N244. 

 

 

 

[Ell-enn]

We have already explained that Shelter's legal assistance is NOT legal aid - they have a legal team that can accompany you at your court hearing, hopefully you will understand this tine....  they could also find you a place to rent.   Please consider giving them a call

[unclebulgaria67]

Agree that contacting the charity Shelter might help you deal with this. They have advisors in most arears of the country and may be able to support you while you are trying to seek a resolution.

 

The other very important aspect is your mental health. You must ensure that you receive help with this. The charity Rethink can help point you in the right direction.

 

https://www.rethink.org

 

 

[Cadbury10]

As, already stated, I don't have any money to privately rent anywhere at the moment.

 

I do not feel I have the time to pursue any legal assistance in court through Shelter and as stated before,

 

I think it would be best for me to go forward with your assistance with an N244 now and ask for a duty legal advisor if one available at court.

 

I have replied to your previous reply re budget sheet and await your reply