Nemo - Repossession hearing please help***SUSPENDED***

[isoprox]

many thanks

Yes could you please help me with the covering letter

[isoprox]

some more advice needed, I spoke with the lender om Monday night and when through a budget planner and the conversation was recorded, any way at the end of the conversation I agreed to pay a extra £200.00 on top of the normal payment to pay of the arears, and the girl I spoke with said that she would forward the proposal to the guy that was handling my case and they would ring me back on Tuesday to let me know if the proposal was acceptable, however I never recieved a call so at lunch time I rang and asked what was going on they replied with the proposal hasnt been uploaded onto there system and someone would call me back later, any way no call so I rang again and at 5.00PM and still no decision due to a technical fault with uploading my telephone conversation and said someone would call me today, I get the feeling they are stalling me to get nearer to the eviction date, and also what if they do get back to me and say the proposal is ok how do i stand with the court and the eviction date I hope someone can help !!!!!!!!!!!

[sequenci]

You need to make an application on the n244 for a suspended possession order. Don't try and get this sorted with the lender - you MUST seek an order from the court, and stick to it.

 

This fact sheet tells you everything yo uneed to know:

 

http://www.nationaldebtline.co.uk/england_wales/guide.php?page=guide-mortgage-arrears

[Ell-enn]

Hi lenders have a bad habit of keeping people hanging on till the last minute - if you don't hear anything by the end of today we can help you prepare the N244 to take to court tomorrow to request a hearing. have a look at my guide here http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession - there are examples of how to complete the N244 and write a statement to go with it.

[isoprox]

Hi

Well I rang them today, and I was told by them that they would accept my proposal, however they have stipulated that I make the first payment before the eviction date which is the 16/08/2013, and also they now want proof of my wage slips before the evication date as well, when i spoke to them over the phone I clearly said the 30/08/2013 would be the first date I could make the payment, the reason is that I dont have the £288.00 plus the extra £200 arrears payment, I am starting to panic

[Ell-enn]

I think you should put an N244 into court to get a hearing, they know you can't make the payment before the eviction date and they're being unreasonable.

[isoprox]

Thanks Ell-en

I thought the same, will the court decide how much I will pay towards the arrears or should I offer the £200.00 which is what I offerd the lender, the reason I say this is because £200.00 I can do but this will make it very tight each month finacially, or should I just offer to resume the £88.00 which I was originally paying towards the arrears.

[Ell-enn]

Hi, how much are the arrears?

[isoprox]

The arrears are about £5000, I have submitted the N244 form today and now have a hearing on Monday 12/08/2013 at 10.00am, I am just wondering if the court decided to give possession on 16/08/2013 it doesnt give me long to find alternative accomodation is there anything I can do like ask for longer to stay at the property ? Im feeling so down right now with the prospect of loosing my home.

[Ell-enn]

Did you submit a budget sheet with the N244 and how much did you offer to pay?

 

Also, what did you put in Q.10 of the N244? did you quote the Norgan case law?

[isoprox]

Ell-Enn

yes I submitted a budget sheet on offered to pay £200 towards the arrears and I also used one of your statements stating that I fell into arrears through loosing my job back in Feb 2012 which also stated the Norgan case law

[Ell-enn]

That's great, are you sure you can afford the £200 ?

[isoprox]

Hi Ell Enn

The £200 will be a tight for us but the risk of eviction is to much to handle

[Conniff]

Do it, get the N244 into the court. Courts are very reluctant to allow repossession especially if the arrears can be paid.

[isoprox]

oh well off to court very shortly and feeling very very down and ver very worried, if the case goes against me and they grant the eviction for Friday can I do anything else to stay in the property?????

[Ell-enn]

It's very unlikely that the judge will allow eviction for the arrears you have and your ability to pay them off. Get to the court early and see if there are any duty legal advisers there, if so approach them and they will come into the hearing with you and support your case.

 

chin up, it will soon be over and your home safe

 

Let us know how you get on

[Conniff]

Good luck isoprox. Do as Ell-enn says and look for the duty solicitor, no cost to you.

[isoprox]

Hi all

Well it's over now and have had the eviction susppeded but to be honest the district judge made me feel very small indeed she tore strips of me but the main thing hair was suspended and many thanks Ell Enn

[citizenB]

Oh well done isoprox. Very pleased to hear this.

 

Sounds like you were pretty unlucky in the Judge Lottery, however, she has suspended the repossession.

 

Best of luck for the future

[Ell-enn]

That's great news isoprox - well done:) Were there any duty legal advisers there?

 

I think sometimes the judges give you a hard time so you don't want to be back in that position again.........

[isoprox]

Ell Enn

Yes I used the on duty but to be honest she was not. Very good I dont think she new how to handle the judge ad she was very firery she was. Very abrupt with me when she asked me for my budget sheet and I said I didnt bring a copy as. I submitted one with the N44 form but she said it wasnt attached after a little look in her file she found it which in all honesty I don't think she had read my information thati had submitted

[Ell-enn]

Oh well, at least it's over now. Just make sure you keep to the payments ordered - if you think you're not going to be able to make the payment at any time please come back here as soon as you know you are having difficulty so we can advise the best course of action.

[isoprox]

Many thanks Ell Enn

You have been a great help thank you

[Rorschach]

Can you afford your secured loan?

[Desperate Daniella]

Don't worry. Ell-enn or Lea will help you.