help eviction on 26th march

[louip123]

hi there

i have received an eviction notice for the 26th of this month

i got notice the the solicitors where applying for eviction a couple of weeks ago and sent a letter to both spml and the solicitors with a letter stating i could make the monthly payments plus £60 a month arrears i sent them recorded and had no reply accept an eviction notice for the 26 of march.

i owe 6000 arrears 3500 of this is arrears charges i asked if the arrears charges could be put on top of the mortgage and the £115 pound a month litigation fee suspendeed sio i could start making payments of ther contractual arrears and again i got no reply. i have since had a letter telling me not to pay any payments without their permission so i am at a loss as to what to do. can i fight them as my maternity leave finishes at the end of this month and i will be going back to work full time so will be able to increase the amount i pay off the arrears.

Edited March 15, 2009 by louip123

[Ell-enn]

Hi there, you certainly can fight it ! You need to apply to the court on an N244 form asking for a hearing to suspend eviction. I can help you with the form - Q.10 is the most important part. You can download the N244 form 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 the page where you can download the form - I can then give you the instructions for completing it. You will need to take it to the court with a fee of £35.00.

 

You will need to send in a budget sheet with the form and I have attached the one we use to this post.

 

I don't know what they mean by not making payments without their permission! and I don't think a judge is going to be too impressed with that either.

 

Do you have a copy of the letters you sent to them with your offer of payment - we will need them to go with the N244 application. If you sent by recorded delivery we will need the signature receipts also.

 

Provided you can prove you are in a position to pay an amount towards the arrears each month in addition to your normal monthly payment you should get the eviction suspended, especially as you have a baby. Incidentally, the arrears charges should not be included in the arrears amount - they should be added to the end of the mortgage anyway.

 

Ell-enn

Budget Sheet.xls

[louip123]

hi there thanks for your help i have printed off the n244 form

i have filled in the budgeting sheet which leaves a balance of £60 a month that i can pay off the arrears. yes i have copies of the letters proof of postage and signature proof also letters stating they want the full £6000 arrears to stop the eviction thanks

[Ell-enn]

OK, gather together both the letters you sent and the ones you have received from them. Put into date order.

 

I will make a start on the statement you will need for Q.10 of the N244 and post on here later this evening.

 

Is the mortgage in joint names?

 

Ell-enn

[louip123]

hi yes the mortgage is in joint names thanks for all your help

[Ell-enn]

OK, on the letters you sent, and also on the delivery receipts, write at the top of each one the Claim number (it will be on the eviction warrant) on the top left hand corner and Appendix 1 on the top right hand corner.

 

On the letter you got from them write the claim number and Appendix 2

 

On the budget sheet write the claim number and Appendix 3.

 

The instructions for completing the rest of the form are:

 

1. Your names

2. Tick Defendant

3. Suspension of eviction 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 have affixed the statement for Q.10. You will need to fill in the details where I have put XXX's (delete the XXX's) so read through it carefully to make sure you have put all info in. When you print it out make sure your printer is set for A4 paper and that it all stays on one page.

 

 

You should now have:

 

 

N244 form

Statement

Appendix 1 - your letters and delivery receipts

Appendix 2 - their letter telling you not to make payments

Appendix 3 - budget sheet.

 

 

Take a photocopy of all of the above before you take it to court so you have one to refer to on the day of the hearing. Staple the attachments securely to the form.

 

 

When you know the hearing date, we can go through the process.

 

 

Any questions, just shout.

 

 

Ell-enn

Louip123 statement.doc

[johnruntings]

hi i have just read your story i too have just come in and recived a eviction letter from capstone for the same day as yours i did not even get a reply good luck and i hope you stay in your home as i intend to

[louip123]

good luck to you too hopefully we will both be successful

[louip123]

and thanks very much ellen you have been a brilliant help

[Ell-enn]

No problem once you have taken your application to court tomorrow you need to start to gather evidence of all the payments you have made since the possession hearing. You can take that with you on the day to give to the judge.

 

Ell-enn

[louip123]

hi there ellen went to court this morning and i have got a hearing date for monday the 23rd thanks what shall i do next

[Ell-enn]

Can you get proof of all the payments you have made since the original suspended possession? That will show the judge that you have done what you can.

 

Ell

[louip123]

yes thats not a problem i can print bank statements off thanks

[Ell-enn]

Ok, once you have printed off the bank statements we can do an up to date statement for you to take on the day. We can do that towards the end of this week

[louip123]

hi ellen

just been checking out bank statements

we went to court in august and was ordered to pay normal monthly payment on 1st sept plus £60 off the arrears we paid this

we paid oct in full

we paid nov in full

we paid dec normal payment but not £60 arrears

we paid half of january

missed february

we havnt paid any this month as per letter saying not to pay without asking I have phoned today and was told not to pay any thing because it will interfere with final redemption figure.

I can pay aprils mortgage payment at the end of april as that is when i will get paid after starting back at work. My maternity pay runs out this week so i will not be able to manage anything before this hope this will be ok.

[Ell-enn]

What were you phoning to pay today?

[louip123]

was going to pay £100 just to at least make some payment

[louip123]

but not 100% sure what to do as if court does not go our way will need to keep some money for a removal van next week. was wondering wether to keep hold of it until monday and see what the court says

[Ell-enn]

You won't need a removal van on Monday! - however, you could keep hold of the money and we will report to the court that they refused to take your payment - the judge won't like that!!

[louip123]

yes thats not a problem then i can pay straight away on monday if things go our way

[Ell-enn]

I'll do a statement later this week for you to take to court with you.

 

Stay positive - you'll be OK

[louip123]

thanks so much ellen

[louip123]

hi there just been checking but my monthly payment is £482.91 + £26.46 insurance making a total of £508.46 monthly payment. my monthly statements show oct 08 £515.14

nov 08 £515.21

dec 08 £515.21

jan 09 £516.59

feb 09 £516.62

mar 09 £516.62

 

has any one any ideas why my payments vary from month to month and all of them at least £7 above what my monthly payment is. I am on a fixed rate mortgage until sept 09 thanks

[louip123]

just been reading other peoples posts and was wondering the first time we knew about spml going for eviction was when we got the actual eviction notice should we have been advised before that? The only time we get any letters from spml is evasive replies to our letters saying we have forwarded your request to customer services who will be in touch shortly unfortunately they never do

[Ell-enn]

We can put that in the statement for you to take to court. You have already sent in to the court copies of your letters asking for help and their replies - it won't look good for them!

 

Ell