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

[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.

[unclebulgaria67]

Housing can be Social Rented Sector with local Council or through a Housing Association. 

 

If you needed help with Housing, Shelter or local Council Housing would make sure it was appropriate. They would not point you to Private housing, if you had no money for deposit.

 

You can claim Universal Credit. This can help pay Housing rent. If you are not currently earning any money through self employment, you would not be currently gainfully self employed. You would register that you are unemployed and if you obtained a Doctors fit note, this would be taken into account in regard to any work search requirements. 

 

https://www.understandinguniversalcredit.gov.uk/

 

 

[Cadbury10]

 

Thank you for your reply.

It is not just the deposit but would also require 6 months rent upfront for private rented accommodation, due to my current poor credit rating.

 

My main priority at the moment is trying to prevent losing my home and being evicted, as I would effectively be homeless on the street. I also have pets who mean everything to me and also significant equity in my property, which I cannot afford to lose. 

 

I mentioned in earlier post that I have already applied for UC, which was awarded, but then suddenly cancelled due to mis-administration errors. As a result I am now trying to also fight off nasty council tax Bailiff for council tax arrears.

I am trying to deal with this matter as well, but my biggest priority right now is to try and prevent being evicted and losing my home. 

 

Although I am not currently earning through my Self-employment, I am still registered as Self-employed

- Just off sick at the moment, without any sick pay.

 

I cannot register as unemployed / jobseeker, as I am still self-employed, which doesn't make any difference anyway to UC award, just that they have made error and I am now trying to sort that out - However could take months. 

[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

[Cadbury10]

Do you mean to put myself on list for council housing in case I am evicted?

I thought they were already made aware of that from Mortgage lender who have possession order?

 

I am thinking I should write a letter to the council re the council tax arrears / impending Bailiff appointment / error with council tax benefit award etc...

 

Should I include in the letter a request for them to place myself and my pets on the list for council housing pending looming repossession?

 

 

[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

[Cadbury10]

Hi Ell-enn,

 

Thank you for your reply.

I don't think a GP can indicate a return to work date - I think they can only provide a sick/fit note for a short amount of time and renew if needed?

 

Proof of where I work is I am self-employed, so work for myself.

As well as putting in the statement that I hope to return to work in the near future and what my earnings will be, would I need to specify a specific date for return to work, or could I ask the judge for a specific amount of time to return to work?

 

Would the judge also need to see a budget sheet of what my income & expenditure will be on return to work? 

 

I thought I read in another thread where somebody had been out of work and had a new start date for a new job in the future and they provided the judge with those advance figures? Although I am self-employed, I just though a similar approached would be relevant for me also?

 

I have the GP letter to include with application - Would that be acceptable or do I need to ask my GP for anything more specific?

 

I can do the budget sheet for my current situation, but as I currently have no income, should I put zero in that box and explain to judge that my family are basically helping with food & essential money?

 

Should I still list all of my creditors/debts, even though no payments are currently being made?

Should I include a small amount for offer towards arrears per month and explain in statement that once back at work I will be able to make the regular monthly payments as well?

 

Really appreciate your help.

 

 

56 minutes ago, Ell-enn said:

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

 

I will give them a call on Monday, but thought is the council responsible for housing list? I think it would be best for me to focus on your assistance with N244 to prevent being evicted

 

I am really worried as I would not be eligible for any council housing until actually homeless and evicted onto the street.

I really do not want this to happen as I could lose my pets, who I live for.

 

This would also cause massive deterioration to my mental health and other health problems.

This would also likely result in my bankruptcy if I lost my equity and would lose my business also.

 

I just don't want to lose my home and hope that repossession/eviction can be prevented so that I can sell the property and move forward.

[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

[Cadbury10]

I will do.

 

In the meantime it would be really for me if you could reply to post no.82

I wrote in reply to your reply about budget sheet etc, as regardless of what shelter say on Monday, would really like to get application for N244 to court sooner rather than later. Really appreciate your help.

[Ell-enn]

I have guests this evening so will pick this up again tomorrow

[unclebulgaria67]

2 hours ago, Cadbury10 said:

 

 

I mentioned in earlier post that I have already applied for UC, which was awarded, but then suddenly cancelled due to mis-administration errors. As a result I am now trying to also fight off nasty council tax Bailiff for council tax arrears.

I am trying to deal with this matter as well, but my biggest priority right now is to try and prevent being evicted and losing my home. 

 

Although I am not currently earning through my Self-employment, I am still registered as Self-employed

- Just off sick at the moment, without any sick pay.

 

I cannot register as unemployed / jobseeker, as I am still self-employed, which doesn't make any difference anyway to UC award, just that they have made error and I am now trying to sort that out - However could take months. 

 

If you log into your UC claim, it will tell you the reason the claim was closed in your journal.

 

Was it because the self employment had the minimum self employment income floor applied, which assumed you earned over a £1000 every month? 

 

Because this assumed income being considered was more than any UC basic entitlement, the claim was closed.

 

You can close the self employment by taking necessary actions e.g advising HMRC of this change.

 

Then once you have stopped the self employment, claim UC as being unemployed. 

 

The problem is that if you stay as self employed and your health prevents you from earning sufficient money, is then you not might benefit from claiming UC.

 

If you are evicted, the house is put up for sale and you end up needing benefit help to pay rent, if the housing is temporary council housing benefit will help.

 

But if the Housing is permanent council or Social Housing Association, then you would be claiming UC anyway. With self employment minimum income floor being applied, you might not receive a UC award each month that helps you pay the rent. UC can ignore the equity capital  in a House that has been repossessed and is up for sale.  When the sale has gone through, when equity is released to you of more than £16000, you have to report this to UC and the claim would be closed.

 

i appreciate that this may be complicated and if you are suffering from mental health you are not taking information in. If you contact Shelter charity, they can help explain Housing choices and they also have people that can help with benefit enquiries or they can refer you for help.

 

 

[Cadbury10]

No it was nothing to do with income and I have no intention of closing my self-employment.

 

1 hour ago, Ell-enn said:

I have guests this evening so will pick this up again tomorrow

 

Ok, thank you so much

[Cadbury10]

Hi Ell-enn,

 

If you get a chance to reply to my post no.82 would be really helpful so that I understand

[Ell-enn]

Post 82 isn't your post - it's by someone else.

Did you ring Shelter today like you said you would ?

[Cadbury10]

15 minutes ago, Ell-enn said:

Post 82 isn't your post - it's by someone else.

Did you ring Shelter today like you said you would ?

 

Post 82 was written by me. You said you were going to reply to it on Sunday as you didn't have time on Saturday

Edited June 3, 2019 by Cadbury10

[unclebulgaria67]

#82 was posted by me.

 

if the post is on this thread, please go to it and click on quote.  This will then enable the post you are wanting a reply to, to be added to your latest reply.

 

or just ask the questions again.

 

 

[Cadbury10]

On 01/06/2019 at 17:46, Cadbury10 said:

Hi Ell-enn,

 

Thank you for your reply.

I don't think a GP can indicate a return to work date - I think they can only provide a sick/fit note for a short amount of time and renew if needed?

 

Proof of where I work is I am self-employed, so work for myself.

As well as putting in the statement that I hope to return to work in the near future and what my earnings will be, would I need to specify a specific date for return to work, or could I ask the judge for a specific amount of time to return to work?

 

Would the judge also need to see a budget sheet of what my income & expenditure will be on return to work? 

 

I thought I read in another thread where somebody had been out of work and had a new start date for a new job in the future and they provided the judge with those advance figures? Although I am self-employed, I just though a similar approached would be relevant for me also?

 

I have the GP letter to include with application - Would that be acceptable or do I need to ask my GP for anything more specific?

 

I can do the budget sheet for my current situation, but as I currently have no income, should I put zero in that box and explain to judge that my family are basically helping with food & essential money?

 

Should I still list all of my creditors/debts, even though no payments are currently being made?

Should I include a small amount for offer towards arrears per month and explain in statement that once back at work I will be able to make the regular monthly payments as well?

 

Really appreciate your help.

 

 

 

I will give them a call on Monday, but thought is the council responsible for housing list? I think it would be best for me to focus on your assistance with N244 to prevent being evicted

 

I am really worried as I would not be eligible for any council housing until actually homeless and evicted onto the street.

I really do not want this to happen as I could lose my pets, who I live for.

 

This would also cause massive deterioration to my mental health and other health problems.

This would also likely result in my bankruptcy if I lost my equity and would lose my business also.

 

I just don't want to lose my home and hope that repossession/eviction can be prevented so that I can sell the property and move forward.

 

 

Unclebulgaria posts are showing to me as post numbers 77 & 86. Post 82 shows as written by me.

 

Here is the post again

 

 

[unclebulgaria67]

Post numbers are affected by deleted posts, so site team see a different number order.

 

Doctors fit notes just state in their opinion you should not work for a relevant period. Always up to patient to decide when they can return to work.

 

Judge would want to understand when your business can be up and running, enough to pay your debt repayment commitments. So copy of accounts, details of stock/equipment, full details of the current business status.

[Ell-enn]

I thought I had answered all your questions.   Did you ring Shelter today ?

[Cadbury10]

 

No I was not able to today. You said you going to reply to my questions on Sunday regarding the budget sheet etc..

 

Here are the questions again:

 

Hi Ell-enn,

 

Thank you for your reply.

I don't think a GP can indicate a return to work date - I think they can only provide a sick/fit note for a short amount of time and renew if needed?

 

Proof of where I work is I am self-employed, so work for myself.

As well as putting in the statement that I hope to return to work in the near future and what my earnings will be, would I need to specify a specific date for return to work, or could I ask the judge for a specific amount of time to return to work?

 

Would the judge also need to see a budget sheet of what my income & expenditure will be on return to work? 

 

I thought I read in another thread where somebody had been out of work and had a new start date for a new job in the future and they provided the judge with those advance figures? Although I am self-employed, I just though a similar approached would be relevant for me also?

 

I have the GP letter to include with application - Would that be acceptable or do I need to ask my GP for anything more specific?

 

I can do the budget sheet for my current situation, but as I currently have no income, should I put zero in that box and explain to judge that my family are basically helping with food & essential money?

 

Should I still list all of my creditors/debts, even though no payments are currently being made?

Should I include a small amount for offer towards arrears per month and explain in statement that once back at work I will be able to make the regular monthly payments as well?

 

Really appreciate your help.

 

[Ell-enn]

Regarding your income when back at work - the judge would need to see some proof of what those earnings would be.  If you are self employed how do you know that you will be able to pick up where you left off and earn the same income?  You may have to show accounts etc.   What sort of work is it that you do?

 

Doctor's letter is fine

 

Put zero income on the sheet as that's the current situation. We can explain in your statement that your family are currently helping with food and essentials

 

Yes, you should include all  your creditors as that is your current financial situation.

If you have no income how can you offer a small amount towards the arrears?

 

Are you going to ring Shelter tomorrow? 

[Ell-enn]

Hi,  I've drafted a defence statement for your N244 application - can you let me know when you will be online please so we can start the process

[Cadbury10]

I am working on the budget sheet and will let you know as soon as it's done.

Thank you so much for drafting defence statement - Please could you let me see it as soon as possible.

 

I work in editing / photographic industry and business is well established so income on return to work would be the same once I am able to return. I can show judge most recent SA302 for proof of usual income.

 

Since sending Britannia letter with doctors letter I received a letter from them stating that they were continuing with litigation and I should contact them within 7 days to repay mortgage balance.

 

Also received email from their solicitor stating that they were not willing to hold off their action as they have attempted to contact me regarding assisted voluntary surrender but I have not responded to them.

 

I tried to contact them by phone last week & this morning on the number provided, but after a long wait the phone just went silent, so think they have a problem with that telephone number.

 

I called the main number today who transferred to arrears team.

I asked if they would accept offer of payment of normal monthly repayments, plus a small amount per month towards arrears when I return to work and offered this going forward from August.

 

I said in the meantime I would pay them whatever I could afford and offered to pay them £10 today, which they took payment.

I again explained the reasons for me falling into arrears and being unable to work and they refused my offer going forward and stated they have already applied for eviction date.

 

The call handler was rude and kept me on the phone for almost 2 hours, telling me they did not care about my health.

I said I was shocked that I have banked with Co-op for over 10 years and how they are treating me.

 

I asked what had been done about my complaint and she said they had not upheld and sent me letter to that effect last week, but I have received nothing regarding complaint. She said they may be able to re-consider if I send them income & expenditure which they said would email to me today and have not. Not sure if I did right or wrong thing making payment today, but they seem to be impossible to deal with and have affected my health badly today

 

As they have not emailed income & expenditure form today as they said they would, should I follow this up in writing to them so that there is a paper trail about the phonemail and my offer of repayments to them going forward?

 

They also asked me to provide a letter from my family confirming that they have been helping me financially with what they can for food & basic living essentials.

 

Should I provide this for them and is there anything else I should try to stop them going forward with eviction.

Should I phone them again tomorrow and complain about the phonemail yesterday?

Should I write another letter to them confirming my offer / confirming their verbal refusal of my offer?

 

I am not sure if I'm making the situation better or worse, but there lack of understanding/co-operation is not helping my situation and feel deeply distressed that they are still pursuing eviction whilst knowing that they are making my health & financial situation worse.

 

I feel its vexatious litigation now and they are acting with intent to cause me distress.

Is that something we can put to the judge?  

 

If they have applied for eviction date, how many days notice am I likely to receive for this?

Does this make any difference to the N244 application and what would happen if I file an application now and then receive an eviction date in the meantime? 

[dx100uk]

you should not be ever ringing them 

if you must then record your calls.

 

no harm in sending them a copy of the n244 budget sheet, but they will get that from the court anyway.

 

these fleecers will say anything on the phone to intimidate and frighten you that they wont say in a letter as they know they shouldn't be threatening you that way.

record you calls from now on..but its best you don't ever ring them.

there is never any point in that.

 

 

[Ell-enn]

Hi,  can you be online today so we can get on with your N244 stuff - it's easier for me to do this during the day rather than in the evenings - are you able to be online in the daytime?

 

Please don't call them again - you will get nowhere, these people are only interested in money and when they are going to get it and you have no proof of what is said on the phone.  If you want to communicate with them, put it in writing and send by recorded delivery so you can prove they got it, otherwise they will quite likely say they didn't.  If you need help with wording letters let me know - you should keep the letter short and to the point - these people aren't capable of turning pages so what you have to say needs to be on one sheet.