Hi, looking at your budget sheet how much can you afford to pay towards the arrears on the second mortgage in addition to the normal monthly payment? Have you received confirmation of how much the arrears are?

Hi, you should fill in the affixed budget sheet - it calculates as you complete it) - as you'll need to send it with your offer letter to the lender. This will help your case if we have to defend in court as the judge will see you've made an effort to come to an arrangement with the lender. Let me know when you have completed it. Are these mortgages in joint names or just yours ? I have to go out this evening but will check back with you tomorrow. Budget Sheet - Blank.xlsx

Are you making payments towards the arrears on your primary mortgage?

Hi there, firstly you need to work out what you can afford to pay towards the arrears in addition to the normal monthly payment - if the lender does apply for a warrant of possession then the only action you can take is to defend by applying to the court for a hearing to suspend possession and you would need to have offered a payment plan that you are able to maintain. We also need to know the following: How much are the arrears? How long has the mortgage left to run? Is your primary mortgage up to date? I can help you with a letter to the lender once you have worked out what you can offer and have answered the above questions.

Sorry - I was away yesterday and didn't see your post. Did you send the statement to the court?

Yes, take your statement to the court or email it

Did you take the statement to the court ?

Great - don't forget to keep us updated. If by any chance Natwest say they will cancel the hearing, you should ring the court to confirm as lenders have a bad habit of "forgetting" to follow it through and if you didn't turn up at the hearing they would get a possession order by default - I'm afraid you just can't trust them

Hi, affixed is your statement for court - you need to fill in the boxes at the top (the info will be on court letter). On the budget sheet and your list of payments since January make sure you write your names and Case number at the top of those documents. Print out the statement (set printer for A4 not letter size) and make sure it all stays on one page - then sign and date. Affix the budget sheet and payment list to the statement securely before handing in to the court office (take a copy of it all for yourselves so you have one to refer to in the hearing). When you hand it in to the court ask if there are any duty legals there on the day of your hearing - if so you should get to the court a little early and approach them to ask for their assistance - they can accompany you into the hearing and give support to your case. Any questions just shout Roland60 statement.doc

Hi, I will start to draft a defence statement and get it to you asap. I think you should definitely take the statement to the court on Monday just in case Natwest drag their heels and don't cancel - no point in waiting to see what they do, at least you will have lodged your defence and the court will send a copy to them - that might make them have a re-think.

Thanks for the info - it makes sense now. As there is no N11M we will submit a defence with a financial statement. I have affixed the budget sheet we use in these situations, it calculates automatically as you fill it in. Make sure you put your name(s) and the case number at the top (case number will be on court documents). If possible you should print out proof of all monthly payments being made from Jan this year. Do you have anything in writing from the lender stating they want the arrears paid back quickly it would be good to have a copy of that to show the judge. Budget Sheet - CAG use.xls

I'm surprised there was no defence form included - can you please describe the documents you received

OK, have you received an N11M defence form in the court documents you received ? (I will give you instructions for filling it in). Could you please answer the following questions so I can start to draft the defence statement: Is the mortgage in joint names ? Are there any children living in the property? What was the reason for the arrears? Are you able to work with Word documents? and have a printer? What is the date of the hearing? and are you able to physically take documents to the court ? I will come back to you tomorrow when I have all the above info if that's OK ?

Thanks for that info. The reason I asked is because there is case law (Cheltenham & Gloucester v Norgan) which is a precedent for asking the court to consider payment of the arrears to be spread over the remaining term of the mortgage in order to make repayment affordable (although spreading over 22 years may be asking a bit too much of the court) you can also use s.36 of the Administration of Justice Act 1970. How much could you comfortably afford to pay towards the arrears each month in addition to the normal monthly payment ? for example £150 towards arrears would clear them in around 11 years, £200 would be around 8 years. I can help you with a defence statement for the court hearing if you need me to ?

Hi - I'm sure we can help you with this. Firstly, how many years are left on the mortgage ?

Hi, the last part has changed slightly. 10. is correct you tick box for witness statement 11. tick box for No Statement of Truth - tick boxes for I Believe and Applicant then sign and date

Hi, below are the instructions for completing the N244 and the statement to go with Q10 is affixed. You need to fill in the info where there are XXX's at the top (remove the XXX;s) the info you need will be on the court forms you have received. Read through it carefully to make sure everything is OK .When you print it out, your printer needs to be set for A4 paper (not Letter size) complete the form as follows: 1.Name 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. Now assemble as follows: N244 form, completed and signed Statement – signed Copy of letter sent to Santander Budget Sheet Copy of new job offer Make sure it is stapled securely together. You will need to take a photocopy of it all for yourself so you have a set to refer to in the hearing. When you hand it in to the court there will be a fee to pay so make sure you take the eviction warrant with you. Ask the court staff if there will be any free legal advisors on duty on the day of your hearing – they can go into the hearing with you and support your case. Nik Nik N244 statement.doc

I'll draft the statement from the info you've already given then let you say if it needs anything changing.

ok, I'll start drafting a statement. You'll need copies of the following: proof of the job offers and security timeline Letter you sent to Santander budget sheet

I'd ring the court in the morning and check - they might need the information on the front page of the eviction notice

this is the N244 form. I can do a defence statement for Q.10 of the form and also give you instructions for completing it. N244.pdf

Hi this is the document explaining what benefits are applicable /assets/static/govuk-opengraph-image-dade2dad5775023b0568381c4c074b86318194edb36d3d68df721eea7deeac4b.png How to apply for help with fees (EX160A) - GOV.UK WWW.GOV.UK

Hi there - I'm working at the moment but will have a look at what we can do when I get home - just wanted to let you know I've seen your post. Are you receiving any benefits ? if so it may mean you won't have to pay for the N244 fee. Back in a bit

You can certainly ask the judge to consider it but as it will mean an amendment to the terms and conditions of the mortgage then I'm not sure it's guaranteed. How much extra will you pay over the 10 months ? I'm happy to look over your statement - you can attach it to a message

hi, If there's only 10 months left on the mortgage and you have £10k arrears you're not going to be able to pay it off in time ?