eviction

[castleking]

Hi Please can u help? I am a single parent and work full time. I have had an eviction date of 27/08/08. I have already had a suspended possession order in Dec 07. Unfortunately my grandparent died in Jan 08 who lived with me and I lost £320 a month. Since then i have struggled to pay my £100 arrears on top of my mortgage of £760 to Gmac. I have sent 2 letters to them to explain my situation but no reply only letters to say they have tried to contact me but couldn't get no reply. I have asked to reduced my payments or extend my mortgage to add the arrears onto the mortgage or transfer to interest free mortgage but have had no response. I have even sent my grandparents death cert to show them and put if they wanted to see my pay documents i would forward them.I have also offered to set a standing order of £200 a week to pay them but once again no reply. Please can you tell me if i have a chance to keep my home if filled a n244 form in and take it down the courts on Tuesday. My arrears are £3600.

Thanx.

[Ell-enn]

Hi there, did you send all your correspondence to GMAC by recorded delivery? If not they will deny getting it - the are notoriously bad regarding acknowledging correspondence.

 

If you are able to pay £200 per week you will be making payments towards the arrears, so you could enter an N244 asking the court to consider those payments given your change of circumstances.

 

I can help you with the wording for the N244, just let me know.

 

Kind Regards

 

 

Ell-enn

[castleking]

hi i sent one copy by fax which i got the transmission report the other letter i did send by recorded delivery. Please can help with the n244 that would be great. Do you think i will get evicted cos i rather get accommodation ready just in case and will contact the council on Tuesday as well?

[Ell-enn]

Hi there, you will need copies of all the letters (including the death certificate) that you sent to GMAC. Also, can you download and complete a budget sheet from here: National Debtline England & Wales | Personal Budget Sheet

- print one off and do it in pencil first so that you get your figures right before completing a final version.

 

You say you are a single parent - how old are your children?

 

When you let me know the above information I'll make a start on the wording for your N244. You can download an N244 here : Her Majesty's Courts Service - Home. Select Forms and Guidance from the menu on the left hand side and enter N244 in the box. You will then be taken to the page where you can download the form. I will give you the instructions for completing later.

 

Kind Regards

 

Ell-enn

[castleking]

hi

Thanx for your help. My child is 12 and they suffer with Dyslexia and short term memory. I really don't want to move as the school is close and the schools senco have been really good.

[Ell-enn]

OK, it would also be helpful if you can get some evidence regarding your child's condition, from the school or case worker etc?

 

Let me know when you have completed the budget sheet.

 

Back shortly

 

Kind Regards

 

Ell-enn

[castleking]

Hi I only got my daughters school report which states about her dyslexia or i could contact the educational department as the school is closed until sept. Thanx

[castleking]

hi ell

I have completed the form and it say i have £42 left a month.

Thanx

[castleking]

Hi ell

Sorry i got it wrong it says i have got £45 .92 a week for creditors thats without the £25 a week i am supposed to pay for the arrears. If i deduct that it will leave me with £20.92 aweek.

[Ell-enn]

Hi, have you included absolutely everything in your expenditure - would £20 left over each week be enough for emergencies?

 

Ell-enn

[castleking]

Hi ell

Not really thats why i would like to reduce the payment of arrears to £50 a month if that is acceptable or if they would eve extend my mortgage to clear the arrears.

[Ell-enn]

Hi, your monthly payment to GMAC equates to £175.38 per week

(£760 x 12 divided by 52) if you are offering £200 per week that will give you a payment of £866 per month however if you reduce your weekly payment offer to £190 this will give £823 per month = £63 per month towards arrears. It would take 57 months to pay off your arrears, but the court has the power to order that arrears can be spread over a long period of time, so you may get away with that.

 

When did you last make a payment and how much was it?

 

Ell-enn

[castleking]

thanx

I am sending a cheque for £860 on Monday but this last month payment. If i send a cheque every week for £190 would this be acceptable. I will write to Gmac to explain what i a doing. I want to do it this way as i have so many £35 bank charges for unpaid direct debits it leaving me with a shortfall nearly every month. thats why i would rather set a standing order for gmac to take the payments out every Friday at least i know it is going to paid straight out of my wages. When I send the cheque on Monday can you help me state what i should write in the letter please.

Kind Regards

[Bona]

If you dont pay by direct debit GMAC add £15.00 a month if you are in arreas they add £50.00 a month they add these to the arreas amount they tell the court they also take the interest on the ist day of the month IN ADVANCE so if you miss they say you are in arreas more than you are. You need to ask GMAC for a statement from inception to present day to you can have it with you to show the district Judge . I think Ell-en will confirm that they are not meant to add the arreas and solicitors fees to the arreas, they are quiet crafty they say in court this is what you owe and add the penalty charges on so just be aware your actuall arreas may not be as much as they are saying it is important that you check

[Ell-enn]

That's right, any arrears charges, solicitors costs and interest should be added to the outstanding mortgage not added to the arrears amount. GMAC usually send out a statement each month showing how much the arrears are and what payments have been made (I've seen these from another GMAC customer) - do you receive these?

 

Your best bet would be to set up a standing order from your bank account although I don't know if GMAC are set up to receive those (they'll probably say they're not!) . Any cheque payments you send to them - you should write your mortgage account number on the back and send with a brief letter by recorded delivery.

 

i.e.

 

Dear Sirs,

 

MORTGAGE ACCOUNT NO: xxxxx

 

Please find enclosed cheque No XXXX being payment towards the above numbered account".

 

In order for me to make regular weekly payments to the account please send me a standing order from so I can set up the payment schedule at my bank.

 

Yours faithfully,

 

 

Get a photocopy of the letter, the cheque and make sure you keep the receipt for the recorded delivery so you can take them to court with you on Tuesday.

 

Be back in a bit with the instructions for the N244.

 

Ell-enn

[Ell-enn]

Hi, below are the instructions for completing the N244:

 

1. Your name

2. Tick Defendant

3. Suspension of eviction order – payment proposal offered.

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 Evidence Set Out Below - write in the box "please see affixed sheet"

Cross out all options except I Believe

Sign and cross out all options except Applicant

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

 

Affixed is a word document with the text for Q.10. You need to write the claim number and you name on the top where I have indicated then print off and affix to the form together with the appendices.

 

On the copies of the letters you have sent to GMAC write the claim number on the top left hand corner and Appendix 1 on the top left hand corner of each one.

 

On the Budget sheet write claim number and Appendix 2. If you have a recent wage slip attach that to the budget sheet.

 

You will then need to get a photocopy of it all (the court sometimes do it for you, but best to get one first if you can). The fee for entering the N244 will be £35 - best to take cash. You need to take this to the court as soon as possible so you get a hearing well before the eviction date.

 

Let me know if you need any further help.

Kind Regards

 

Ell-enn

Castleking N244.doc

[Ell-enn]

Hi, do you have a hearing date yet?

[castleking]

Hi

No going tomorrow went to late today they wouldn't deal with it so I am going at 2pm. Got to finish work early now.

Leave u know 2 morrow evening some time.

Kind Regards.

[castleking]

Hi Ell-enn

Went to the courts this morning, got a date of Friday 22/08/08 at 10.30am. I asked if there was an earlier date but none available. The woman was lovely, she told me not to worry and gave a leaflet to phone a legal advice number. I asked if there would be a duty solicitor on that morning but she told me there was no duty solicitor on only one for the magistrates side. I am quite worried as it so close to the eviction date.

Kind Regards.

[Ell-enn]

Hi there, try not to worry too much. We can do an up to date statement for you to take to court with your. I am sure you will be OK. You have an income and can make payments towards the arrears and also you have a child at home.

 

Do you get statements every month from GMAC showing that month's payments and the arrears? I have seen one from someone else who is in arrears with them.

 

Kind Regards

 

Ell-enn

[castleking]

Hi Ell

Yes i did have a statement from Gmac until the end of July i have forwarded this with the rest of the documents to the court. Will I receive these documents back? I have photocopied them all. I will send cheques every Friday for £190 now until they set up a standing order I have also asked gmac if they cant set up a standing order if it is possible to send a paying in book. It would be much appreciated if you could help me with any info i need for court. If i take a while to reply it is because I work awkward shifts

Kind Regards.

[indistress]

Try and not worry too much castleking, Ive been there and Ell-en knows her stuff she is really good.

[castleking]

Hi El

I have seen people have 28 day suspended orders . What does this means?

My stomach is in knots i wish it was sooner.Another 6 days to go!

[Markiemark1]

A 28 day possession order is an order to give up possession in 28 days. The suspended bit means that the giving up possession bit is suspended as long as you comply with the other bit of the order. So, for example, "Possession in 28 Days, suspended upon payment of the current monthly instalment plus £100, first payment the 1st September 2008, means as long as you pay the CMI plus th £100 on or before the due date each month, you don't have to give up possession. BUT, if you don't comply then the lender has the right to possession.

 

HTH

 

RM

[castleking]

Hi Ell-en

Please is it possible if you can tell me what to do for my court appearance and if eversheds solicitor approaches me do i say anything to them or tell them i speak to them in the court as there seems to be a lot of complaints about these trainee solicitors.

Kind Regards.