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

[Ell-enn]

Which question ?  

[Ell-enn]

If the eviction was applied for on 3rd June,  it would take some days for the court to register it - as most courts are extremely busy it could be up to 2 weeks before you actually get an eviction notice  - it could be hand delivered or delivered in the post , I've known it be either way -and the date for eviction could be up to 2 weeks after that - so the court will give you a hearing date before the actual date the eviction is due to take place.

 

You could email the court and ask if they have a date yet - but I wouldn't send too many emails,  it won't make it happen any faster and they may get irritated by having to answer too many times.

 

No point in emailing the solicitors - they won't know any more than you do - they will be advised of the hearing date at the same time as you. 

 

You don't have to tell the solicitors you are defending - the court will do that, they send them a copy of your N244.

 

You also asked " Should I also mabe put my offer of normal monthly payments plus amount towards arrears from August onwards forward to Britannia, along with completed I&e and fit note from GP? "   which is why I asked What for?  - it will make no difference whatsoever at this stage.

 

All you can do at the moment is wait for the eviction notice.  You don't need to be constantly going over what else you can do - there is nothing else to do.

I know it must be frustrating having to wait, but that's just the way it is I'm afraid.

[Ell-enn]

They certainly won't cancel the proceedings at this stage.

 

I don't think you've been berated for asking questions - all I'm trying to do is to get you to stop stressing yourself further by looking for other avenues which don't exist.

 

Furthermore I don't think you can complain about the support you've had - it's certainly more than most - 201 posts in fact

[Ell-enn]

OK,  I'll leave you to do what you think best.  Let us know when you get an eviction notice and if you need any support for the actual hearing.

[Ell-enn]

15 minutes ago, Cadbury10 said:

Of course I need the support - I wouldn't be here otherwise!

 

So do you think at the same time as waiting for eviction notice / sending N244 that it would be worth one final effort to write a letter of my offer to Britannia and include the budget sheet, in the hope that they cancel their action? If so I would really appreciate some help with wording for a letter.

 

At this stage, unless you can pay all the arrears there is no way they will stop the process, so I think you'd be wasting your time.

[Ell-enn]

Have you received an eviction date yet Cadbury ?

[Ell-enn]

Hi,  the eviction notice could be either hand delivered or come by post,  I've known it both ways.  Have you tried emailing the court to see if they know when it will be issued and by which method.

 

Usually the eviction date will be around 14 days from when you receive the notice or sometimes a little longer, I've not known it be only a few days.

[Ell-enn]

You will definitely have time to file and defend.  

[Ell-enn]

Which court has the eviction notice come from?  are there any telephone contact details on it?

Normally you  would apply to the court where the original repossession hearing took place and where you have been corresponding with.

[Ell-enn]

What is the eviction date?

 

Ring the bailiffs office number on the eviction notice on monday morning - you'll have to do it early as they usually go out around 9-10 am.

[Ell-enn]

No, but they will be able to advise you what court to send the N244 to.

[Ell-enn]

Did you ring the bailiff's office this morning ?

[Ell-enn]

Did you ring really early ?   bailiffs tend only to be in their office up to 9-10 am  then they go out enforcing warrants etc.

 

 

[Ell-enn]

Have you sent your N244 to the court yet?  if not don't leave it too late you don't want to end up with a hearing the day before the eviction date.

[Ell-enn]

OK thanks - was beginning to get worried that we hadn't heard from you.   Did you manage to contact the bailiff office to find out which court to send it to?

 

I guess the court will call you for payment and then let you know when the hearing is - keep us updated when you know and we can go through the hearing procedure. 

[Ell-enn]

I expect it will be next week before they get in touch

[Ell-enn]

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.

[Ell-enn]

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

[Ell-enn]

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 ???

[Ell-enn]

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

[Ell-enn]

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.

[Ell-enn]

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

[Ell-enn]

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.

 

 

 

[Ell-enn]

At least you got it over with.  Just wait for the court order to come so we can see what the judge has put,  but you will have to start making payments in line with his order from whatever date is on it.

 

 

[Ell-enn]

It sounds like the judge has ordered that payments are to commence on 30th August but you won't know for sure till the order arrives from the court.   Sadly, you are correct in that if you don't make payment in line with the order then the lender will most certainly apply for an eviction warrant again.