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.

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

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

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 ?

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

8 minutes ago, Will Goodfellow said:

 

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

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

OK, lets get on with your application to the court for a hearing to get the eviction cancelled.  

You should print off this N244 form https://www.consumeractiongroup.co.uk/applications/core/interface/file/attachment.php?id=18017

Instructions for completing it are 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.

I will draft a statement for No 10 of the form  and post on here shortly so you can review - I'm assuming that the mortgage is in joint names?

Definitely send the letter - when you go to court you will be able to show the judge a copy of the letter proving that you have tried to get them to negotiate with you - if they don't reply to your letter it will look very bad for them.

Definitely attend the hearing - take a statement with you to hand to the judge and print off proof from your bank account that the arrears amount has been paid.   If you need help with the statement please let me know and I'll help you draft it.

Affixed is the letter to send to the lender.  You need to complete the details where there are XXX's (obviously delete the xxx's).  Make sure you have the correct address to send it to and send by Special Delivery so they get it next day and have to sign for it - if you can't afford the special delivery cost then send it by 1st class recorded - you need to be able to prove they received it, so keep the postal receipt safe with a copy of the letter.

WA1306.doc

Given how you have reduced the arrears over the last 12 months I can't see a judge grating eviction.  If you can be online tomorrow we can make a start on the N244 application.  the first thing we should do is write to them stating your offer of monthly payments and letting them know you will be opposing the eviction - I can draft the letter for you if you need me to

If you are complying with the terms of the suspension i.e. paying the arrears each month then I am puzzled as to why they have applied for eviction.  I think you need to speak to them in the morning to ask why they have done this.  We can still get on with the N244 application - what's the eviction date ?

I think you should get a statutory declaration done - this is a legal document which states that all property within the address and boundary belong to your mother.  You can have it notarised at a solicitors, not sure how much it is these days might be £10.      I have affixed a blank stat dec which you could print off, fill in and take to solicitors.   When it's done take a couple of photocopies and show it through the window to the B&S guy when he next shows up.     Keep your door locked and push a copy of the stat dec through the letter box for him.

Statutory Declaration.doc

You don't need to do their income and expenditure forms, it's none of their business what you do with your finances as long as you keep up payments and pay down the arrears.

How many months does the £800 represent ?  have you written to them offering the extra 200 per month ?

OK, using the Norgan rule  payments of £100 per month towards the arrears would clear them in the remaining term of the mortgage, but only just - you would need to keep those payments up for 12 years without fail.  However the lender might not be too happy about waiting 12 years and may force your hand by applying for an eviction warrant in which case you'd have to get a hearing before a judge for them to decide.  £200 per month would halve the time it takes to clear arrears.  You have to decide what sum you can afford to maintain for a long period.

How much are the arrears and how many years are left on the mortgage?

Any payment you make towards the arrears is a positive step.  Going forward you should only offer and then pay what you can comfortably afford each month.  If you keep stopping and starting payments they will keep harassing you.

I thought you had made an offer earlier this year to pay a certain amount towards the arrears? 

You say you are currently not paying towards the arrears - why is that ?

I thought you were already paying an amount towards the arrears?   you should always pay something towards them.  They won't capitalize the arrears while you're not paying....  and you are at risk of them applying for eviction which, if you were to defend, the judge would want to know why you haven't paid towards the arrears. You're placing yourself in a very precarious position.   It's not a good idea to stop paying towards the arrears just because you haven't had a response to your letter.

I would have sent it to the eviction team as they are the ones threatening you.................  guess you'll just have to wait and see if complaints pass it on.   You could always email a copy to the eviction team if you have their email add.

Hi, managed to get letter done, (affixed) make sure it is sent by special delivery so they get it the next day.

WA 1306 letter Nov 19.doc

Hi there you need to write to them again explaining the August payment.   I can help you with the letter but it will be later this morning as I am at work and quite busy at the moment.

Hi there,  if the judge today still orders the eviction,  ask for more time to put things in place.  You should stress that you didn't feel your case was given enough consideration and was rushed.

Most definitely ask at the court if they have any duty legal advisors who can accompany you into the hearing and support your case.

I'm going out shortly but will take a look tomorrow.