help please? reposession order for the 18th Feb 2009

[dehowletts]

Hi Ell-enn

 

Ok thanks again!

 

Claire

 

ps re the solicitors letter i really didn't think (i should've known better really) the other letter which contains more personal info as i said I've pm'd you

[Ell-enn]

Hi there, I haven't got your pm with the DWP letter??? I need to know what it says to finish your N244 statement.

[Ell-enn]

Hi again, do you have a copy of your husband's job offer? When he is employed will you be able to recommence payments to the mortgage?

[dehowletts]

ok I've re-sent with an update

 

Best Regards

 

Claire

[Ell-enn]

Hi, where have you sent it to? Also have you got a copy of your husband's job offer?

[dehowletts]

Hi

 

Yes we can probably get a letter but his start date depends on his CRB & how long that will take, any employment that now requires an enhanced CRB generally won't start people until it comes back.

 

With regards to resuming the payments unfortunately not unless they agree to interest only as once he starts working he'll be on circa £15k before tax. This will be his first job in 2 years due to ill health so I was managing on my earnings My earnings are usually between £38 - £45k unfortunately the only interview I've had recently that was decent the company picked up on the fact that I wasn't quite myself, even though they don't know me (I thought I masked it quite well obviously not).

 

Luckily the recruitment consultant I've used since 1998 (i've moved agencies with him) has suggested I get this sorted before he puts me forward again as he doesn't want me to get into rejection spiral as he calls it.

 

But hopefully once my head's clear of this I'll interview better,

 

Claire

[dehowletts]

I think our messages have crossed in cyber space somewhere

[Ell-enn]

I've replied to your email - but need clarification regarding the payments situation.

 

I have now finished the statment except for that one part. You need to get this to the court tomorrow morning if you are to have any chance of getting a hearing before Wednesday!

 

Ell

[dehowletts]

re the payment situation:

 

how much we actually owe?

 

or how much we'll be able to pay?

 

do you remeber early on you asked me about what the court actually ordered and i said I didn't have any communication from them I've remembered why it's because we cleared the arrears in full.

 

Best Regards

 

Claire

[Ell-enn]

Please check your email.......

[dehowletts]

sorry I was in outlook replying

[Ell-enn]

Do you have any children?

[dehowletts]

Messages crossed again!!

 

so I'll stick to the forum as i don't think any of this needs to be confidential now......

 

yes 2 girls the eldest is nearly 18 and the youngest is 7

 

Claire

[Ell-enn]

Hi there, I've managed to finish the statement and it is affixed.

 

You will need to fill in the information where there are XXX's (at the top and also in the body of the statement).

 

You then need to get copies of:

 

Your 5th Feb letter - Appendix 1

Solicitor's reply -Appendix 2

DWP letter confirming payments - Appendix 3

 

On the top of each of the above you need to write the claim number on the top left hand corner and then the appropriate Appendix number on the top right.

 

Below are the instructions for completing the rest of the form:

 

1. 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 the Applicant Believes

Both Sign and cross out all options except Applicants

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

 

 

You should then assemble the pack to include:

 

2 page N244 form

2 page statement

Appendix 1

Appendix 2

Appendix 3

 

Take a photocopy of the pack so you have one for yourself to take to court on the day of the hearing.

 

Make sure you staple the documents together securely before handing in to court. You will need to pay a fee of £35.00. You MUST get it to court tomorrow. If there is any additional evidence you can gather you can take it to court on the day of the hearing.

 

Any questions, just shout. I'll be back online around 6pm.

 

Ell-enn

De Howletts Q.10 statement.doc

[dehowletts]

Hi thank-you thank-you thank-you,

 

I'll complete and PDF all

 

I'll post the completed with the personal bits blanked out (thank's for pointing that out Olive F)

 

Claire

[dehowletts]

Hi Ell-enn

 

I'm not going to post completed to forum as I cannot remove the personal stuff easily with the pdf writer I'm using (I've tried several different ways now and as i work in IT when I'm working it's driven me nuts)

 

So I'll pm them to you instead if that's ok?

 

Cheers Claire

[dehowletts]

Hi Ell-enn

 

i've sent them and apologies for assuming you'd have time to double check them as i know that many people on this forum keep you really busy and need your help as much as we do

 

Best Regards

 

Claire

[Ell-enn]

Hi Claire, by all means add the letter as Appendix 1 and just change the numbers of the other appendices in the statement.

 

You need to clear out the text in the box at Q.10 of the N244 and print out the 2 page statement exactly as I sent it to you (after changing your appendix numbers). As you are stating the witness statement is affixed you don't put anything in the box.

 

Let us know when you have been to the court in the morning as to what date the hearing will be - as it is short notice, you may have to go to another court in the district if they cannot fit you in at your local one.

Remember to ask if they have any free legal reps in attendance.

 

Any other questions, just shout.

 

Ell-enn

[dehowletts]

Hi Ell-enn,

 

I do feel as though if i had a brain I'd be dangerous right now..... If I'd read what you'd written I wouldn't have caused you the duplication and your instructions were clear.

 

I do have some fundamental (probably obvious) q's that if you (or anyone else reading this) can help with I'd appreciate:

 

• will they tell me there and then if we will be granted a hearing?
  
• when I take the form to court do we both need to be present?
  
• will the MC's solicitor be present at the hearing if we are granted one?
  
• if say the hearing is say Tuesday and the judge upholds the eviction will it still take place 10.40 on the Wednesday?
  
• is it worth me e-mailing the MC's solicitor a copy of my form?
  

and finally the "counsellor" whom ever he was said that his report was due with the lender by the 30th of January and that he was going to strongly suggest a delay in proceedings as there were lots of discrepencies in what we were saying and the information he had (in fact he asked for copies of some things which I stupidly gave him, given that he showed me no ID gave us no copies of anything etc) but as it was said in a way implying that we were somehow trying to deceive him and the other contradictions in what he said I took little notice of it at the time.

 

My point is, is it worth me just doing a double check as it were with the lender's solicitor as I give up trying to talk to the MC?

 

Warm Regards

 

Claire

[Ell-enn]

Hi Claire, I understand you must be a bit distracted at the moment...so don't worry about a few mistakes, they're easily fixed:)

 

They should tell you when you take the form to the hearing.

Only one of you need take the form.

The MC will appoint a representative, they are usually local legals who will probably only receive their instructions the day before;)

If the judge orders eviction (he won't!), then it would take place on the appointed day.

You don't need to send your form to the solicitors or MC, the court will do that. Sometimes when the solicitors see the defence they advise the MC to cancel the eviction (fingers crossed).

 

You could add a paragraph in the statement at the end of the part about the counsellor

 

"The counsellor advised that in his report to the Claimant he would be strongly recommending that the Claimant delay any proceedings. The report was due to be filed with the Claimant by 30th January, we have not had sight of this report, nor will the Claimant respond to any attempts to discuss the matter."

 

Don't forget to take a copy of everything you take to the court.

 

Ell

[dehowletts]

Ell-enn

 

If Yorkshire (ish) wasn't so far from the South West I'd drive to your house and give you a great big kiss right now!!

 

Because as obvious as I'm sure those questions were they've been really playing on my mind.....

 

Thanks you star Claire x

[Ell-enn]

lol .... and if the South West wasn't so far away, I'd come to court with you.

 

Fingers crossed now, get that form to court and we'll take it from there...

 

Stay positive:)

 

Ell

[jansus]

Hi

 

glad to see you are being sorted and just to wish you all the best for next week.

 

Did you manage to get anywhere with the DSS payment they said had been sent?

[dehowletts]

Whoop whoop Ell I got a hearing!!! I got a hearing :-) :-) :-) !!!!

 

Thanks for your help you bright shining star you!

 

It's Tuesday at 10.00 am (the day before the eviction) & they've only allocated 5 minutes (dunno if that's normal?)

 

No leagal rep available they just told me to contact my local CAB whom I contacted before the initial repo request and my opinion of the individual I dealt with there is probably best kept to myself (on the basis of if you have nothing nice to say it's best to say nothing).

 

Cx

 

ps who knows I might even sleep tonight!!??

[Ell-enn]

OK, we can go through the hearing process after the weekend - you never know they might even cancel the eviction when they get your defence (it has been known).

 

Try to relax a bit this weekend:)

 

Ell