Ell-enn
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Everything posted by Ell-enn
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Hi, what do you propose to offer to repay the arrears? in order to avoid repossession you will have to tell the court that you will maintain the normal monthly payments plus an amount towards the arrears each month. This is done is a statement to go with Q27 of the N11M form which we can help you with, but you need to tell us what you are proposing to pay. -
Is it an N11M Defence form you are filling in ?
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Just so I don't need to read back through this long thread - can you explain why they are taking you to court - is it for arrears on the loan? are you able to make monthly payments to clear the arrears? I can help you with a defence for court but need to know what it's all about.
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Glad to hear you had a successful outcome, but as Andyorch says , you must contact the lender if you feel you have a problem looming - don't miss a payment then contact them - you need to contact before you even think about not making payment. If you don't adhere to the suspended order you will find yourself back in court defending eviction again and you may not be so lucky next time. Hope all goes well for you from now on
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Get to the court as early as you can and see if there are any duty legals in attendance. If there are then you should approach them and ask for their assistance - they can accompany you into the hearing and support your case.
- 177 replies
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- county court
- eviction
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If there are no arrears on the account then the can't take any further action provided you make monthly payments on time.
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OK, keep us updated about what happens
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Did you make your proposal in writing and have they responded in writing? Are you able to make the payment they want on Wednesday? What have you offered to pay each month towards the arrears?
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I've helped someone in the past with Mortimer Clark issues - they will never leave you alone and every 6 months or so write asking for a payment review which means they are trying to get you to pay more. If you go with the N245 then they can only ever get what the court says.
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Hi Tony, what did you ask for in your letter ?
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Well done ! Thanks for letting us know Tony, it might be helpful for others in similar positions to know that with help they can get a positive outcome. When you get the written order from the court (might take a week or so), can you let us know what conditions are on it i.e. possession suspended upon monthly payments being maintained etc. Now relax and make sure your payments are made on time.
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Actually I don't see any harm in calling them back, after all you have the upper hand at the moment with a court hearing date when their behaviour will be scrutinised by a judge. I suspect they have been emailed a copy of your N244 by the court and are now thinking it's not such a good idea to have served you with an eviction notice as you are not taking it lying down. At the end of the day you don't need to get into a long conversation with them, just find out what they want and if they are being awkward just say you will wait for a judge to decide in your favour and end the conversation We can then do a further statement to take to the hearing stating what they have responded.
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Stay positive - if you can make payments to the arrears each month then you should be OK. Post back on here before the hearing and we can go through the process or see if anything else needs to be done.
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Have you made any proposal to the lender to pay back the arrears ?
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Hi, are you now working and able to offer payments towards the arrears ?
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I've heard of some courts having an appointment system for submission of forms. Good that they can see you on Thursday and you should get the date for the hearing then.
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You don't take the form to a solicitor - you complete and sign the form as per the instructions I gave you in a previous post (144) Your wife cannot sign the form as she is not a party to the mortgage - you have to sign and attend the hearing. Why would you want your wife to sign ?
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Tony, just remember - if there are no arrears there can be no eviction
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Got the info via private message thanks and have replied so I think we're good to go now Good luck with the hearing and don't forget to let us know how you got on.
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If the judge accepts your offer and cancels the eviction it's probable that he will reinstate the suspended order as there will have to be some terms in place in case you default on the payments again. Don't forget to make a copy of everything you take to the court so you have it to refer to in the hearing. Also check if there are any duty legal advisers at court on the day of your hearing. Any questions just shout up
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Affixed is the statement for court. 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) Now assemble as follows: N244 form, completed and signed Statement – signed Copy of letter sent to BM today Budget Sheet 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 - make sure you take the eviction warrant with you so you get the reduced fee. 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. WA1306 Statement for N244.doc
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If you can pay £200 per month towards the arrears it will take around 4 years to pay off the £9k arrears and in line with the Norgan case law that should be acceptable to the court. I'll affix the statement soon - have you done the N244 form and budget sheet ?
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I would submit the N244 as soon as possible - you should take it to the court named on the eviction notice. Do the budget sheet and see what you have spare to pay towards the arrears each month then let me know so I can put it in the statement
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OK, understood - we need to get the N244 done asap You will need to take the application to the court and hand it in - you will also need to pay a fee (I'll need to check what that is as I think they may have changed recently ) - they should be able to give you a date for the hearing while you're there. I'll get on with the statement - you need to print off and complete the N244 - are you able to print and make copies of documents ok? How much do you want to commit to paying towards the arrears each month? - it needs to be an amount you can easily maintain - if you keep missing payments they will keep issuing eviction warrants, so set something you know you won't miss Affixed is a budget sheet you will need to submit with your application - it calculates automatically as you fill it in - make sure you account for everything and don't leave too much over or you'll be expected to pay more towards arrears. Let me know when you've done it - any questions about filling it in just shout up Budget Sheet - Blank.xlsx
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Just a thought - are you sure that the letter you have received is an eviction notice? Given that BM were granted a further 12 months last January and this will have run out - is it not possible that the letter is advising you that they are re-applying for a further extension ? Can you scan the letter up so we can see it please
