help needed urgently, eviction next week

[kings3]

i have fallen into arrears on a loan secured on my home. the loan company have applied for posession and i have received an eviction date for next week. what can i do to stop/delay the eviction? can i appeal against the decision? please help, any help will be greatly appreciated. thanks in advance.

[Ell-enn]

Hi there, sorry to hear your situation and it sounds like we are going to have to act fast! You will need to answer some questions before I can advise further:

 

1. what is the eviction date?

2. how many months in arrears are you?

3. are you able to make any payment towards the arrears each month in addition to the normal monthly payment?

4. did you attend the original possession hearing?

5. do you have any children?

 

Kind Regards

 

Ell-enn

[kings3]

hi ell-enn. the eviction date is the 29th. i am around 6 months in arrears. i would be able to make extra payment towards arrears. i did not attend the original hearing. my 2 children live with me but they are 17 and 21. is it too late to stop the eviction order?

[Ell-enn]

Hi there, no it's not too late to have the eviction stopped. You need to put an application into court for a hearing to suspend the eviction.

 

Do you have a printer at home? you will need to download a N244 from from 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 be taken to a page where you can download and print out the form. I will then give you instructions for completing the form and will write some text for the Question 10 which is the most important part.

 

You will also need to sumit a budget sheet to show how you will be able to afford the payments. You need to ensure that the amount left over each month after everything else has been paid is the amount you can afford to pay towards the arrears in addition to the normal monthly payment. Best idea is to print one off to practise on first before filling in the final copy. I have affixed one to this post.

 

Who is the lender and have you been in contact with them regarding your arrears?

 

What was the reason for the arrears (the judge will want to know).

 

You will have to take the form to the court on Monday in order to get a hearing before the eviction date - are you sure it's the 29th, that's a Saturday?

 

When you have replied to the above I will make a start on your defence.

 

Kind regards

 

Ell-enn

Budget Sheet.xls

[kings3]

hi, yes i can download form here, its the 27th not 29th, sorry, lender is southern pacific (capstone mortgages) i spoke to them on tuesday but they wernt much help, just said try to raise money owed and get back to us, arrears were caused when my bank account was suspended due to claiming charges back and i was unable to open new account, then my partner lost his job causing more financial hardship, i told them i could afford £20 a month on top of normal payment but until arrears are cleared they cant do much else.

[Ell-enn]

OK, can you complete the budget sheet please and in the meantime I will start to draft the text for Q,10 of the N244.

 

Is your partner still out of work? are you employed?

 

Try not to worry too much, provided you can show you are able to make payments towards the arrears in addition to the normal monthly payment you should be confident of getting the eviction suspended. It is imperative that you deliver the form to court by hand on Monday, they will give you a hearing date before the 27th. There will be a fee of £35.00 to pay to the court and you need to take the eviction notice with you.

 

Let me know when you have completed the budget sheet. I will be on line most of the time over the weekend so we will be able to get all this done in time for Monday.

 

Stay positive, I'm sure it will be ok.

 

Ell-enn

[kings3]

thank you, yeah my partner is still out of work, i am now on half pay due to sick leave. thanks again, ill do budget sheet now.

[Ell-enn]

Is the mortgage in joint names?

[kings3]

no only in my name.

[Ell-enn]

Hi there, I have affixed the text for Q.10 of the N244.

You need to fill in the information contained in brackets (remove the brackets afterwards) at the top ONLY where the type is bold (don't change the text in brackets at the far right column). Then print off the statement - it should be kept on one page.

You will see that I have mentioned the budget sheet as Appendix 1. When you have completed the budget sheet you need to write the claim number (it will be on the eviction order) on the top left hand corner of the sheet and Appendix 1 on the top right hand corner.

 

Affix both the statement and the budget sheet to the form. Take a photocopy of it all before handing in to court as you will need your own copy to take to court on the day so you can refer to it.

 

The rest of the form should be completed as follows:

 

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 Witness Statement

Cross out all options except We Believe

Sign and cross out all options except Applicants

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

Kings 3 N244 Q.10.doc

[kings3]

thank you ell-enn

[Ell-enn]

You're welcome:) Stay positive, you'll be OK. Let me know when you have a date for the hearing.

 

Ell

[Ell-enn]

Any news on the hearing yet ?

[kings3]

Hi, after completing all paperwork to take to court on monday, Capstone rang me to discuss arrears, they asked me if i could make any payment toward the arrears, i said no, i could only make normal payments plus £20. they said this was not acceptable and asked me to complete an income and expenditure form then get back to them, i rang them yesterday with details they asked for and they agreed i could begin normal payments with £20 extra to clear arrears, i think it depends on who you speak to when you ring them, i asked about eviction and they said they had cancelled it. So it looks like i managed(with your help) to sort it without going to court, thanks again.

[kings3]

Do you think i should contact court in the morning to make sure the eviction is cancelled, i cant believe that they could cancel it so easily whilst i was on the phone to them?

[Justhadenough]

Do you have anything in writing from them to say they have agreed terms.

 

I would still attend court just to make sure,and take al the paperwork with you just incase.

[Ell-enn]

Definately, Definately contact the court first thing in the morning and check!!! If it is not cancelled you MUST go to the court and take the N244 stuff with you to use as a defence. Evictions are usually scheduled to take place after 11 or 11.30 so you must check as soon as the court opens in case you need to get there.

 

Hopefully all will be OK and they will have cancelled. Glad to hear you have managed to make an arrangement with them. If you don't get a letter confirming the arrangement you should write to them confirming your conversation and what you have agreed to pay. Let me know if you do need to send a letter and I will draft one for you.

 

Ell-enn

[kings3]

hi, i recieved 2 letters from capstone this morning, 1 confirming the eviction had been cancelled and another confirming details of payments to be paid.

[Ell-enn]

Excellent news!!! Keep those letters somewhere safe

 

Ell-enn