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

[Ell-enn]

There is some case law which  a defendant can ask the court to consider  i.e asking for time to sell but you would need to make payments while it sold and show proof from estate agent who is selling it. It's a long shot but worth a try.

 

I'm not able to help until after the bank holiday though, but if you can wait till Tuesday I'll dig out the case law I've used before

[Ell-enn]

We can certainly use a letter from your doctor in your N244 so you should get that organised asap

[Ell-enn]

I think all you can do at the moment is wait for the eviction notice and then apply to the court for a hearing to suspend it using some case law asking for time to sell the property(but that's not guaranteed to work) and you will most definitely need to attend the court hearing.   The lender obviously isn't going to take notice of anything you send them at the moment as you can't make any payments.

 

[Ell-enn]

There's no specific time - it's whatever the judge would deem "reasonable",   no point in asking for a couple of years because you won't get it.  I would think they might consider 3 - 6 months "reasonable", but remember it's not guaranteed that you'll get it.   How much equity is there in the property  ?    if there is a lot of equity we could argue that you would suffer a great financial loss if the lender were to gain possession and sell for a knock down price just to clear their mortgage.

[Ell-enn]

You should wait for the eviction notice as the court fee for the application will be cheaper.

as you have no means of making payments you don't actually have any options other than asking for time to sell and to be frank that is a long shot.

might be an idea to look for somewhere to rent in case you lose in court

[Ell-enn]

I completely understand it must be disheartening to be told you have virtually no options, but I have to be realistic and I won't give you false hope.

I really think you should try to find somewhere to rent as there is only a slight chance you would be given even a short time to sell.

I'm so sorry I can't be more positive about your chances, you should take the time you have before the eviction notice arrives to make arrangements and not leave it to the last minute as things would be much more difficult to sort out. 

I have helped in hundreds of possession cases and I know that if there's no money to offer  the lender then the judge's hands will be tied.

have you contacted Shelter ?

[Ell-enn]

England.Shelter.org.uk rhey are a homeless charity who can help you look for somewhere to rent if you are due to be evicted, they can also in some cases go to court with you to offer support. Ring them in the morning and get an appointment

[Ell-enn]

Please read my last post.... You need to do something

[Ell-enn]

You should take the rented property and we will deal with the eviction notice when it comes. 

[Ell-enn]

I think you need to stop wondering what a judge will think, you need to concentrate on securing a roof over your head. We can't do anything about the eviction yet so sort somewhere to live as a priority. Take one  step at a time

[Ell-enn]

If you apply on an N244 before receiving an eviction notice I believe the fee is £250.  However you will still be in the same situation as you have no funds to offer.   I cannot stress strongly enough that there is no guarantee that a judge would consider giving you time to sell when you don't have the funds to pay even the normal monthly payments.

 

Also judges do have to consider both sides of the case which means that the lender's position has to be taken into account,  for instance the judge cannot make any alterations to the terms and conditions of your mortgage contract,  they can only look at the likelihood of the lender getting paid which is something you cannot do.

 

Please try and sort somewhere to live as it is more likely than not that the judge will have to grant possession to the lender.

I know this may not be what you want to hear but we have to be realistic I'm afraid.

[Ell-enn]

Judges don't want to make people homeless but they would find it difficult to see the lender as being unreasonable when all they are doing is asking for the money they lent to be repaid,  and there are no funds forthcoming from the defendant. 

 

I understood your family were trying to sort out somewhere for you to live?  you should pursue that option as a matter of urgency.  Once you have a roof over your head we can try and defend any eviction, but you need the safety net of alternative accommodation.

[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

[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

[Ell-enn]

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

 

[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?

[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

[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)

 

 

[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

[Ell-enn]

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

[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

[Ell-enn]

There's no point in putting your future income on the budget sheet as that is not a true reflection of your circumstances at the present time - it's the facts at the date of the hearing that the judge can consider.  We can put in your statement that you hope to return to work in the near future and what your earnings will be, but you will have to provide proof of where you work and a doctor's fit note indicating your return to work date.

[Ell-enn]

You only need 6 months rent upfront for private rental - we keep trying to tell you that Shelter can assist with finding housing that won't need deposit/advance rent.  You must, as a matter of urgency,  do something about finding somewhere to live in case you lose in court and frankly that is more likely than not.

 

For goodness sake listen to what people are trying to help you with and do something about finding alternative accommodation - Shelter is your best hope

[Ell-enn]

What  I mean is ring Shelter - they can help you with housing in case you are evicted and it is not private renting.....

 

You need to stop focusing on what you want to happen and face up to what is likely to happen

[Ell-enn]

So you need to contact Shelter - they are able to assist with housing -  please call them on Monday and let me know what they say before we go any further.  I know people who work for Shelter so I know what they can do.   You must be completely honest with them though.....  explain you are to be evicted and what you want to achieve