Help! Warrant of Eviction delivered today what can i do??

[blondeblue78]

Hi

This is the first time i've used this site i hope someone can give me some advice.

Today the county court delivered a warrant for possession. Last december we had warrant served as we were £10k in arrears after my husband lost his job and i was only working partime and about to have a baby. We managed to clear 3/4 of the arrears (thanks to some wonderful family members) and had agreed to pay the rest by installments and the warrent was cancelled. In August this year my husbands workl dried up (he is now self employed) and we missed a few payments.

We received a letter from the banks solicitors dated 19th Decemeber last week advising us of their intention to get a warrant at that time I wrote to them to request that we pay by installments explaining that my husband now has a contract that will last at least 2 years and i am back at work so we will now be able to afford the payments and extra to repay the arrears. The man that delivered the letter said I had 3 options but I was so upset I forgot what he said!!!

Can anyone give advice?

I am terrified of losing my house - I have 3 children 9,4 & 1 and nowhere to go!

HELP! I can't sleep

Thanks x

[Ell-enn]

Hi there. Firstly stop panicking, you need to put in an application to the court asking for a hearing to suspend the eviction. this is done on an N244 form which you can download 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.

 

When you have done that I can help you with Q10 which is the most important part.

 

What date is the eviction scheduled for? Who is your lender?

If you are able to show that you can make payments towards the arrears each month, and we use case law and the new mortgage pre-action protocols you should be OK.

 

Try not to worry too much, there is always something we can do. We will have to work quickly though so you can get the application into the court asap. I didn't think they were open over the holidays and I'm surprised you had the warrant delivered today:(

 

Kind Regards

 

Ell-enn

[Markiemark1]

Happy New Year huh? Ell-enn- be careful with using the PAP as its not retroactive and only applies to claims issued prior 19/11. However, it doesn't alter the fact that the Court will suspend the warrant if satisfied that the arrears can be cleared at a reasonable rate. Some courts are open tomorrow - I had a case in a south coast city tomorrow (although it's been cancelled!). Might be worth ringing in the morning and getting the application filed if your local court is open.

 

And please don't worry. Ell-enn is great and I'm sure we can get this stopped between us all. Get some sleep in!!!

[Ell-enn]

I thought PAP applied to claims after 19/11? which was why there was a great rush of claims before that date?

[Markiemark1]

It does, but as there was a previous warrant issued I presumed the claim was done and dusted prior to November. Don't worry tho - makes no difference as it's S36 and S8 of the Administration of Justice Acts 1970/73 that are the relevant bits here.

 

RM

[blondeblue78]

The eviction is set for 16th Jan. The lender is Royal Bank of Scotland. I don't really understand many of the terminology u use!!

The warrant is dated 22nd december - the working day after the date on the letter from the banks sols.

 

Thanks for a quick response. What does the court deem 'a reasonable amount of time' as far as clearing the arrears monthly?

[blondeblue78]

Also I have just looked at the N244 form and baffler how to fill in. Any tips??

Thanks again

x x x

[Markiemark1]

OK, in respect of the N244 form Ell will be along shortly to help you fill that out.....I can help but she's fab and I don't want to tread on her toes.

 

The legal bits that will help you understand. The Law allows a Court to suspend possession if it can be satisfied that the arrears can be cleared over a reasonable period of time. Thats what S36 of the Administration of Justice 1970 says. Now, there is a decided case which is binding on the County Courts, involving Cheltenham and Gloucester against Norgan. This you might hear being called the Norgan Rule. Basically that says that providing the arrears can be cleared within the remaining term of the mortgage, that is reasonable and the Court can suspend on that basis. So providing with evidence you can show the Court you can do this realistically (although quicker is better because it saves you interest on the arrears) then you should be fine.

 

Hope that helps...if Ell is out and about enjoying the festivities tonight and too hungover tomorrow I'll give you a hand with the forms, so please don't worry. But she has them down to a fine art.

 

In the meantime, have a lovely evening....enjoy some time with your husband and your kids....look positively towards next year and be assured that we are here to help.

 

HAPPY NEW YEAR!!

 

RM

[Ell-enn]

Hi there, if you can hang on until tomorrow we can work on Q.10 (the most important part) of the N244 (you can't do anything with it until 2nd Jan anyway).

 

In the meantime you need to complete a budget sheet to go with the N244 and I've affixed one to this post for you. Make sure that the amount you offer to pay each month towards the arrears in addition to the normal monthly payment is the amount left over after everything else has been paid.

 

The instructions for completing the rest of the form are as follows:

 

1. Your names

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 attached 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.

 

I'm going out around 6.30 but if there's anything you need to know before then just shout.

 

Kind Regards

 

Ell-enn

Budget Sheet.xls

[blondeblue78]

Hi

I have completed the budget sheet. Can';t work out how to attach a copy but I have put the amount i can afford to pay to Arrears in the priority debts thing with makes income & outgoings equal.

Have filled in most of the form! You said you would help with Q10 part. I Will post it special delivery today if we can get it sorted.

Thanks so much

x x x

[Ell-enn]

Hi there, OK, I'm just finishing your text for Q.10

 

Back shortly

[Ell-enn]

Hi there, is the mortgage in joint names and how much are you offering to pay towards the arrears each month in addition to the normal monthly payment.

 

Do you have one child?

 

(nearly finished!)

 

Ell

[blondeblue78]

Hi

Yes the mortgage is in joint names.

My budget sheet came out at £87.07 per month towards arrears. Could prob make it a bit more if you think it'll help.

 

I have 3 children 9yr old son, 5yr old daughter and 1 yr old daughter.

 

Hi, you shouldn't offer more than you can comfortably afford (you could round it up to £90 or down to £85, depending on how tight your budget is) - how much are the arrears now?

and when could you make the first payment.

[blondeblue78]

I'm not sure exactly what the arrears are but they are in the region of £4500. make the contribution to arrears £90.

I could make first payment on 28th January.

[Ell-enn]

Statement for Q.10 affixed.

 

You need to enter the info where there are XXX's - you will get the info for the top part on the eviction notice. Don't edit the words (Claimant) and (Defendant) on the extreme right as it will alter the formatting.

 

You will also see where I have put XXX's for your names in some of the points in the statment.

 

On the budget sheet - you need to write the claim number on the top left hand corner and Appendix 1 on the top right hand corner.

 

Once you have the N244, the Statement and the budget sheet together, take a photocopy as you will need to take one with you on the day of the hearing. Staple everything securely together before taking to the court - given the time contraints it's best to hand deliver the forms to the court and they will give you a hearing date there and then. if you post it and then wait for them to reply you may only have a day's notice to attend.

 

I have also affixed information about the case law we have used in your statement. It is for your information only - do not affix to the N244 form. Just read it and take a copy to court with you on the day just in case the judge asks if you understand what it is.

 

Any questions, just shout.

 

Ell-enn

Cheltenham & Cloucester v Norgan.doc

blondeblue78 Q.10 statement.doc

[blondeblue78]

Thank you so much.

I will have to post. I cannot get to the court today and get back in time to pick children up from school.

I'm just prinkting the form now. Is there a fee for this do you know?

[Ell-enn]

Yes there is a fee, if you have received an eviction order it is £35.00 (£75.00 if you don't have an eviction order).

 

I'm just concerned that you won't have much notice of the hearing date if you wait for the court to post it to you (they're not the fastest!). Courts don't normally close until 4 or 4.30 could you get there after school?

 

Kind Regards

 

Ell-enn

[blondeblue78]

Oh poo

I've just sent it special delivery and I haven't enclosed the fee.

I couldn't get there before it closes. It closes at 4 and i'd have to get a bus then walk about 15 mins so would there til nearly five!

They'll get the form without a fee what will they do with it? what should i do? Help! I'm making a pigs ear out of this and only 12 days until eveiction date

[Ell-enn]

They'll likely send the form back to you ! Best thing to do is send a covering letter by special delivery tonight enclosing the fee and quoting the claim no and Eviction Notice no - ask them to apply the fee to the form you sent without it.

 

Either that or you're going to have to actually go to the court first thing in the morning and pay the fee - no other option really.

 

Ell

[blondeblue78]

Called them this morning and they took payment over phone by debit card. Phew. Just got to wait for date now.

thanks Ell for all your help. Will keep you posted x

[Ell-enn]

They could have given you a date over the phone I think, never mind - ring them tomorrow and ask if a date has been arranged - that way you'll know instead of waiting for the letter to arrive and only having a day or so's notice.

 

Ell

[blondeblue78]

Got the letter today and the hearing is monday at 9.30.

Do you honestly think they will suspend? I am assuming if they don't that it is and there is nothing else I can do?

Thanks again for all your help.

BB X X

[Ell-enn]

Hi there, I am confident that, given your circumstances, you will get a suspended possession.

 

Stay positive.

 

Ell-enn

[blondeblue78]

thanks ell

I am so nervous tho - never been to court before.

Will let you know how it goes

x

[Ell-enn]

Hi there, firstly - forget all the courtroom scenes you have seen on TV - it's nothing like that!

 

Your hearing will be held in a private room with just yourselves, the judge and a representative from the other side. You will sit round a table (or in front of a table, with the judge on the other side). You will find that the judge will know you are nervious and he/she will guide you through the process. Don't interrupt the judge or the other side's rep, the judge will let you know when it's your turn to speak. When you address him/her it should be Sir/Madam. The whole process should be over in 5 - 10 minutes and you will find yourself outside on the pavement feeling very relived that your home is safe:)

 

Make sure you get to court in plenty of time. When you arrive ask if there are any CAB advisors or free legal reps in attendance that day and if so ask to speak to them and they will accompany you into the hearing to assist. (You could ring the court tomorrow and ask if they have any of these in attendance on Monday).

 

Stay positive, you will be fine:)

 

Ell