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Hi , the possesion order was suspended about 2009 as long as i paid £50 ontop of the Mortgage , when i stopped receiving Company sick pay i went onto SSP then Contribution Based ESA @ £65.00 / week .

 

I am now receiving enough to just cover the Mortgage but still await the decision on Support for Mortgage Interest.

 

The £1500 i offered was going to be paid in about 4 weeks as i am still waiting to receive it so at that time i will be looking at paying the £1500 + £420 Mortgage + £30 arrears.

 

I have 25 years + left on the Mortgage as the terms were extended when i wanted the arrears sorting out in 2008 , they changed the terms but did not add the arrears onto the balance.

 

I have 3 children in the house also , the Budget will be tight and i fear tht Acenden may go down the Can't afford it route.

When i was unable to pay the Monthly payments i wrote to them asking if they would accept a token payment of £50 / month but they refused this also .

 

If the FSA recommend to use eviction as a last resort why do Acenden / Capstone insist on paying full arrears before they can do anything , they even refuse the move to interest only Mortgage .

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You state that you are receiving just enough to cover the mortgage payments - but are you actually making those payments? If not, resume payment today and continue to make that payment. If you do end up in court, the court will look favourably on the fact that you continued to pay as much as you could.

 

My suggestion would be to pay as much off the arrears as you can, in order to reduce them, again this will look favourable in court - but only do so if you can genuinely afford the payment. Do an income and expenditure sheet and double check precisely what you can afford.

 

It is not surprising they did not accept the 50 quid token payment - but you should have paid it anyway. Whatever you offer, always ensure you make the payment - it shows the court, when court action is finally taken, that you make agreements and stick to them. When you don't, the court has no proof that you will stick to any agreements made.

 

You have sufficient time to repay the arrears over the term of your mortgage, under case law (Norgan), so long as you keep to the agreement. Even though they already have an SPO, all is not lost, so long as you can show the court that you can afford to pay ongoing.

 

How long have the DWP said it will take to sort out your SMI?

 

Since Acenden haven't issued proceedings as yet (they already have an SPO so they may simply go for a warrant of execution - in which case you will get a notice of eviction from the bailiffs), then you will have to wait to see what action they take - they may ask for a further hearing, and you should definitely attend that - if not, and you receive a notice of eviction, then you should fill in a form called the N244 - and apply for a stay of eviction.

 

Let us know what happens next, but please don't leave it to the last minute - post here as soon as you know what action they intend to take. And please follow the advice regarding making any payments you actually offer to them.

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Hi , can someone provide a link to a calculator for reclaiming Mortgage Fees & Interest as i cannot find one.

 

Thanks

 

Nicurro

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Hi , thanks but it isn't the one , its just a calculator to add up the fees that have been charged along with 8% statutory interest from the date of the charge being levied to the mortgage account.

 

Thanks

 

Nicurro

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HI ,

just been contacted again by Capstone/Acenden today to see what is happening with my mortgage.

Explained last year that i had a long term illness and had been off work for 6 months.

Tried mortgage rescue but it didn’t pass the criteria.

 

Capstone have charged me £1900.00 in charges since 2007 , my arrears is now £8500+ and rising due to charges.

Applied for Mortgage Interest Support but still waiting decision.

 

Tried to make them a payment offer today but they said that they couldn’t accept it due to arrears on account.

 

They already have a Suspended Possession Order and now they are starting to apply for Eviction.

Wish i had never started with them.

Please help someone…..

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PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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HI , can someone advise me how to complete the N244 form to stop an eviction taking place this month.

 

Thanks

 

Nicurro

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hiya,

 

Ell-enn is normally the one thats good with these forms, however if you have a read around of other threads, it should give you an idea of how and what to fill in, in the meantime, Ell-enn ( who works ) will be around soon.

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I have been issued a warrant of eviction by the Bailiff . My mortgage is with SPML / Acenden .

I have around £8000 arrears and have been off work through illness for 15 months.

Just been to CCCS who have created a budget sheet showing that now my benefits are in place i can now afford the mortgage + £50 towards arrears.

 

Sent this to Acenden but not heard from them yet.

 

If i try to make an arrangement with them they refuse unless a lump sum payment is made.

I feel they are just using this now as a threat and not wanting to help .

 

Can i get the eviction stopped by going to the County Court and if so how?

 

Also , around £2000 is made up of charges and i wondered how to start to reclaim these and if anyone has had any success with climing back the charges.

 

My reasons will be that i am now almost well enough to return to work and expect that i will return in about 8 weeks , this will increase my income above what i currently receive in benefits and make the payments more affordable.

 

The CCCS have produces a budget sheet which shows affordability now all the benefits i am entitled to are in place including the Support for Mortgage interest benefit which has been backdated to March 2011.

 

I will also be able to make a payment of £1000 as soon as i receive the money which is expected to be in the next three weeks.

 

These are my main reasons but do i still need to explain that i have had an operation on my spine and the recovery has not been as quick as expected and that when i applied for Mortgage Rescue i was told that Acenden would not take any further action until the decision had been reached on this.

 

When they found out that the Mortgage Rescue would not be going ahead they then decided to add on 4 months of charges and started eviction process.

 

I also have three children in the property one of whom suffers from asthma.

 

Please advise.

 

 

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Hi Nicurro, thanks for your message. Affixed is an N244 form - I will draft a statement to go with Q.10 of the N244 and post on here either tonight or tomorrow morning. You will need a copy of your budget sheet, the letter you sent to Acenden and the royalmail proof of delivery.

 

These are the instructions for the rest of the form:

 

1.Names

2. Tick Defendant

3. Suspension of eviction

4. No

5. Tick at a hearing

6. 15 minutes

Agreed by all parties: No

7. Write - Not applicable

8. District

9. Both Parties

10. Tick box for attached witness statement

Cross out all options except The Applicant Believes

11 Sign and cross out all options except Applicant

Sign and cross out all options except Applicant. Enter your address and contact details.

I'll be back as soon as I can.

n244_e.pdf


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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Hi Nicurro, thanks for your message. Affixed is an N244 form - I will draft a statement to go with Q.10 of the N244 and post on here either tonight or tomorrow morning. You will need a copy of your budget sheet, the letter you sent to Acenden and the royalmail proof of delivery.

 

These are the instructions for the rest of the form:

 

1.Names

2. Tick Defendant

3. Suspension of eviction

4. No

5. Tick at a hearing

6. 15 minutes

Agreed by all parties: No

7. Write - Not applicable

8. District

9. Both Parties

10. Tick box for attached witness statement

Cross out all options except The Applicant Believes

11 Sign and cross out all options except Applicant

Sign and cross out all options except Applicant. Enter your address and contact details.

I'll be back as soon as I can.

n244_e.pdf


Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Ok thanks ,

 

Nicurro

 

 

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ok, dont be forced into an arrangement that you cant afford, your lender cannot refuse any payment that you make to them, ( they will moan and complain that its not what they want, but they cannot refuse it..... ) I think Ell-enn will agree that this can only strengthen your case when you get to court. IE your not ignoring yuor debt, your just asking for assistance....

 

It has been said many times on this forum, that a judge will not hand possession over to the lender, if there is some other option, you say you can pay and you have an I&E form to back this up. So I cant see any reason why you wont get a suspended possession order.

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ok, dont be forced into an arrangement that you cant afford, your lender cannot refuse any payment that you make to them, ( they will moan and complain that its not what they want, but they cannot refuse it..... ) I think Ell-enn will agree that this can only strengthen your case when you get to court. IE your not ignoring yuor debt, your just asking for assistance....

 

It has been said many times on this forum, that a judge will not hand possession over to the lender, if there is some other option, you say you can pay and you have an I&E form to back this up. So I cant see any reason why you wont get a suspended possession order.

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..


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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Hi, affixed is the statement to go with Q.10 of the N244. You will need to enter the info where there are XXX's (remove the xxx's), both at the top of the statement and also in some of the paragraphs in the statement. When you print it out make sure that your printer is set for A4 paper (not Letter size) so it all stays on one page.

 

On the copy letter you sent to Acenden write the Claim number on the top left hand corner and Appendix 1 on the top right hand corner. Do the same on the budget sheet except it will be Appendix 2.

 

Now assemble as follows:

N244 - signed

Statement - signed

Letter to Acenden - Appendix 1

Budget sheet - Appendix 2

 

This forms the pack to take to court. Make sure it is stapled securely together. You will need to take a photocopy of it all for yourselves so you have a set to refer to in the hearing. When you take it to the court you will need to pay a fee of £40.00 and it will need to be in cash (if you are in receipt of certain benefits you may be exempt from the fee - I have affixed the Court Service EX160a leaflet explaining this). The court staff should be able to give you a date for the hearing while you are there.

 

Anu questions, just shout :)

nicurro N244 statement.doc

ex160a_web_1010.pdf


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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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Hi, thanks for your message with further information. Please keep communication on this thread as it helps others who might be in the same situation.

 

Affixed is the amended statement to go with the N244. You need to read it through carefully and enter info where there are xxx's.

 

Any questions, just shout :)

nicurro N244 statement.doc


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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Hi Ell , do i put the Defendant as SPML or is it the solictors name on the eviction warrant on the N244 ?

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Hi Ell , do i put the Defendant as SPML or is it the solictors name on the eviction warrant on the N244 ?

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You are the Defendant - the Claimant is the name on the eviction notice.


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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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You are the Defendant - the Claimant is the name on the eviction notice.


Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Hi Ell . all ready to go to Court , will i be told the hearing date when i take the forms in ?

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Yes, they should be able to give you a date while you are there. Don't forget to take the £40 fee in cash. Did you take a photocopy of it all for yourself to take to the hearing?


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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Hi , yes i have a copy of it , do you think it will be difficult to stop it as i am concerned that they already have a suspended possession order from 2008 .

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