Please help - Repossession date 9th December

[Jacqueline07]

I have a mortgage with Redstone mortgages that has been under a suspended order since March to pay back £200.00 per month. In April my husband lost his job and has since taken once which is about half his previous salary. We paid what we could in June and July but Redstone applied for an eviction order in August. We managed to borrow the money from family and brought the order up to date but its now happened again.

 

The arrears are £5100 and the monthly payment is £1481 + £200.00 - I have asked Redstone if they will put the arrears onto the mortgage but they have refused and apart from one telephone call they have not contacted me at all other than to go back to the court and have sent a couple of "standard" letters.

 

I am due an substantial increase in pay in January and my husband has just started to get teaching work again (albeit through an agency) and so we will be paying everything spare off that we owe but I really need some advice as to what to do next.

 

I intend to go back to the court on Tuesday to fill in an N244 to go back to see the judge but am frightened that he will just say that we can't afford this and allow the eviction to go ahead.

 

Thank you for any advice you can give.

[Ell-enn]

Hi Jaqueline, if you can show the judge that the prospect of your being able to pay even a small amount towards the arrears id good, then you will be OK. I can help you with the N244, especially Q.10 which is the important part.

 

You can download the 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.

 

You will need to submit an income and expenditure statement (budget sheet) with the N244 and I have affixed one to this post for you.

 

Let me know when you have completed the budget sheet and I will draft a statement for Q.10- (it's best to print a budget sheet off to "practise" on first before completing the final copy). Make sure that the amount you want to offer towards the arrears is the amount left over after everything else has been paid.

 

Kind Regards

 

Ell-enn

[Ell-enn]

Ooops, forgot to attach the budget sheet... it's here now.

Budget Sheet.xls

[Jacqueline07]

Thank you Ell-en - will be spending time on this today. Things are tight (very) at the moment but do not want to lose my home.

 

Forgot to mention that if we give up possession - Redstone have a £12k redemption penalty that doesn't end until may 09. We also have it on the market at the moment - although if we sold we would have to pay the redemption penalty - I figured its better to sell at my price rather than one reduced by Redstones to get rid of it.

 

Thanks for your help - do you know how much the N244 will be. Also - will the judge automatically arrange for a hearing before the 9th December - is there a chance that he may refuse this?

[Ell-enn]

Hi there, if you have received an eviction date then the fee for the N244 is £35.00. When you take it to the court they may give you a hearing date there and then (they usually do) and it will be before the 9th December.

 

Try not to worry too much, I'm sure you will be OK. Judges are aware of the new government guidelines regarding repossession and it should only be given as a last resort where there is no hope of any payment at all.

 

There is also some case law we can ask the judge to consider.

 

Do you have any children?

 

Ell-enn

[Jacqueline07]

Yes - two - one just started secondary school and one just starting her GCSEs

[Ell-enn]

OK, let me know when you have done the budget sheet and I'll give you the instructions for the rest of the form and the text for Q10.

 

Ell-enn

[Jacqueline07]

Thanks very much Ell-enn - will have to do tomorrow though - can't print at home - although I have listed our incomings/outgoings. I have to work away tomorrow so intended to go to the court first thing Tuesday morning. Thanks again for your help.