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Cadbury10

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

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Just wanted to give an update - Have received a letter from the court today advising that they are not processing my application until I send a cheque for payment, or phone them on the number that is never answered - Despite having been advised via email they would contact me by phone to take payment once my N244 received...

 

 

 

 

 

 

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I guess the best thing to do is to email them stating you can't get the phone number to answer and remind them they said they would phone you to take payment - make sure you give them your number again.


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I emailed them at the weekend with my telephone number again and asked them to contact me this morning for payment.. Tried calling them again and no answer, so emailed again and then received phonecall for payment. They told me I could have an afternoon hearing if I stated this on the phone when they took payment - Which I did, and also requested s they had advised a Wednesday hearing when they have duty legal advisors available. 

 

I then received email for a hearing on a different day of week and in the morning - Making it extremely difficult / virtually impossible for me to attend. I sent an email requesting they change to an afternoon hearing and received a reply back from snooty woman stating that I should have requested this previously (which I did) and that they won't change it unless I pay them the fee again!... 

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You could try emailing the Court Manager stating that what you requested (as court staff suggested) has not been accommodated.


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Just wanted to give an update - My hearing is on Thursday... Really worried about it and don't really know what to expect. Should I take any other information to the court in addition to N244 pack? Am I allowed to ask the judge for costs? 

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Hi, the hearing will be held in a room - usually like a meeting, and nothing like a courtroom you see on the tv - it will only be the judge, the rep for the mortgage company and yourself.  Please do not interrupt the judge when they are speaking - if you want to say anything at any time you should say "sir(or madam ) - may I say ........".  The hearing is unlikely to last more than 10 minutes.

 

Make sure you get to the court in plenty of time and register your attendance with the usher, then check if there are any legal advisors in attendance (if you had contacted Shelter they may have been able to send someone to assist you in the hearing).  The rep for the mortgage company may approach you and ask to speak with you before the hearing - the usual advice is to tell them you would rather wait for the judge to decide, but if you feel up to it you could listen to what they have to say - but do not agree to anything if you think it is not to your advantage.

 

What costs were you thinking of asking for ???


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Thanks for the advice - Their legal advisors are only available in the morning... If they were available in the afternoon then I could have had assistance in the afternoon - However they only available am and court is a long journey away from me and I am very poorly too!... Just hope to god I am actually well enough to make to to the court without collapsing or worse... Fingers crossed!

 

What costs ? Was thinking of travel & time costs, loss of earnings.... Compensation for distress caused and other damages etc...

 

 

 

 

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There's no way you will get any of those costs I'm afraid - you can only ask for costs when there's no fault on your side and as there is no denying that you have arrears and the lender was within their rights to apply for possession the judge will not award to you.

 

There have been cases where lenders have brought possession action when there was no need to (for various reasons) and we have advised the defendant to ask the judge not to allow legal costs to be added to the mortgage.

 

You need to get to the court no matter what - if you don't get there you will automatically lose


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But it is their actions that have caused my health problems, despite my efforts to resolve with them... That is effectively what is in my statement also...?

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It depends on:

a) what the terms of your mortgage say about costs if they act to repossess

b) if the judge:

i) sees it as they have unreasonable caused your health problems, or 

ii) sees it as even if they haven’t caused your health problems, they have unreasonably exacerbated them, or

iii) sees it as you have lived there without paying your mortgage for a substantial time, have only now advanced plans to start repaying the mortgage and arrears, and those plans are vague hopes rather than based in fact.

 

It also depends on the outcome of your application. If you don’t succeed, or just get “breathing space” : You might do better asking that THEIR costs aren’t awarded.

 

The risk of asking for your costs (at least prior to the judge’s ruling on your application) is that if the judge is already leaning towards doubting your ability to repay that it might make it look more like you aren’t being rational and reasonable, and they might look at your “and I’m hoping to get back to work” plans in that light.

You might want to hold off discussing costs until you have the judge’s ruling on your application.

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Thank you for the advice - If it goes well then I will ask the judge that their costs aren't awarded. 

 

Is there anything I should take with me? Is the judge likely to ask me to present my case verbally?... Just so I know what to expect.... If the eviction is suspended, will I be given any written confirmation of that from the court and that the bailiffs will be cancelled?

 

I will ask if there is a duty legal advisor available, but from what I was told over the phone there won't be. 

 

The hearing is tomorrow - Wish me luck!... Any tips or advice in the meantime would be appreciated and I will update as soon as I can.

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As a minimum, take a copy of any documents you have submitted to the court, in case you need to refer to what you have said / submitted.

If you can index this in a binder so you can quickly refer to it, so much the better (it gives a better impression than “umm’s” and “ahh’s” as someone flicks back and to in a file : judges like it when they perceive their time isn’t being wasted by poor preparation)

 

. (Better to take 2 copies! 1 for you to refer to, 1 for the judge, in case the court has mislaid anything!).

 

The judge may not ask anything at all, but better to be prepared.

 

I don’t know the link to it, but isn’t there a library post / sticky offering advice on going to court, so someone (site team?) may be able to point you to it.

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Posted (edited)

Thank you - I have all mortgage correspondence in a folder and will make an extra copy of N244 pack for the judge, just in case (providing I have enough ink left). 

 

I wanted to print photographs of the inhabitable condition of property when I moved in, to show the judge if asked, but don't have enough ink.

 

I have been in a few court environments before, but never for a case of this nature.... Really am dreading it and hoping it goes well as am not very well at the moment. 

 

What will happen about the eviction bailiffs if the eviction is suspended? 

 

Finger crossed will be ok, but extremely nervous.

Edited by Cadbury10

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Hi.

 

I'm sorry to raise this, but is the uninhabitable condition of the property Britannia's fault please?

 

HB


Illegitimi non carborundum

 

 

 

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Hi HB,

 

I though it might be likely that various questions may be asked at the hearing regarding my level of other debts and what those loans were for... Although the judge can see the current condition of property from photos in estate agents details, I have no photos printed showing the original condition... I didn't realise it was inhabitable until after moving in and have had little enjoyment of the property because of that... Just wanted to have the photos printed in case they were needed, but have been in pretty extreme hardship for some months now, so struggle to afford printer ink at the moment.

 

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I don't mean to nag, but I think you mean uninhabitable, don't you? Inhabitable means fit to be lived in.

 

HB


Illegitimi non carborundum

 

 

 

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I always thought it was uninhabitable, but somebody once corrected me to inhabitable, so thought I had been saying wrong!... Yes, I meant uninhabitable 

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 I didn't realise it was inhabitable until after moving in 

 

 

So why did you buy the house ?  am I missing something here?

 

Andy


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Hi Andy,

 

I knew it needed a coat of paint, but just didn't realise it was uninhabitable until moving in.... The survey said it was habitable... It was supposed to be cleaned as well, but sadly wasn't and I think would make a great basis for a horror movie... As would many other aspects of my life x

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Hi,  if the eviction is suspended the court will tell the bailiffs not to attend, you will also get written confirmation of the judge's order.

 

You won't have to read your case out to the judge,  they should have read your N244 pack before the hearing, but he or she may ask you a few questions - please remember not to interrupt the judge, always wait till they have finished what they are saying before responding to questions.

 

Good luck,  try to stay focused.


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Hi Ell-enn,

 

Thank you so much! 

 

If the eviction is suspended, do I need to do anything myself or ask the court staff if the bailiffs will be cancelled?

 

I will update again tomorrow as soon as I can x

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If the eviction is suspended the judge will tell you and should also assure you that the bailiffs will be informed. 


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Thank you so much for the good wishes. 

 

The judge suspended the eviction - Was a pretty horrific experience overall... I totally forgot to ask for their costs not to be awarded. The judge said he would draft an order but didn't mention anything about the Bailiffs and I could barely speak at the end, so didn't ask.

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Thank goodness you got the suspension, well done for seeing it through  :)  - what were the terms of the suspension?   was it that you pay the monthly mortgage plus the amount you offered towards the arrears ?

You will have to make sure you never, ever miss a monthly payment or they will immediately issue another eviction order and you will be in the same position again.

 

Don't worry about the bailiffs the court staff will inform them of the suspension.

 

 

 

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