mortgage Express Eviction date 16th Feb **SUSPENDED**

[Ell-enn]

Sorry, I meant your decision as to where you want to live in the future. If as you say, you have no desire to stay in the property then you could ask your lender about Assisted Volountary Sale - the national debtline have information about this and you can discuss it with one of their advisors 0808 808 4000

[cocoloco]

Ell-enn,

 

Mortgage Express won't accept any proposal, they want the full arrears paid off or they will go for an eviction. My arrears are £7200 (including this month's payment), I made them an offer of £3300 by this Friday, £2000 on my payday (26th February) and the remianing arrears to be paid by end of March which they have rejected. Is there anything else I can do, or shall I start packing?

[Ell-enn]

Given you have offered payments to them - have you decided you want to keep the house? If so, you can enter an N244 at court to get a hearing and if you can show the judge that you have funds to pay the arrears and also maintain payments going forward then you should be ok.

[cocoloco]

I've decided that I would like to be in control of the situation if I can be, so would rather pay the arrears off and then decide whether to sell, hand back or rent thr property out. They said that because its a second eviction notice, and that its only 7 months after the original one, they want full payment, no dispensation. It wouldn't be the end of the world for me to lose it next wednesday, I just want to fight them and remain in control. I spoke to CCCS counscellor today and he advised that with my offer, he would be amazed if a judge didn;t at least adjourn it until the end of March to see if the payments had been made. He also helped me fillin a budget sheet and advised me to do the N244 and take any supporting evidence of being able to make the payments. I can get my work to send a leeter stating that a commission payment is payable at the end of March, and I can also take in details of the tax refund. Sound about right?

 

Thanks Ell-enn, you've been extremely helpful

[Ell-enn]

Do you need help with the statement for Q.10 of the N244 ?

[cocoloco]

any help and expertise you can give me would be greatly appreciated.

[Ell-enn]

OK, if you have proof that you are able to make the payments you have offered that's great but the judge won't just consider that - he will want to be sure you can make normal monthly payments going forward so you will have to affix a budget sheet to the N244 application. I have affixed to this post the one we normally use - it calculates automatically so you can adjust the figures as you fill it in.

 

Make the £3,300 payment you promised this week and make sure you have proof of the payment as we will need that to go with the N244 - this will show the judge that you have made a commitment to your payment proposal and will strengthen your case enormously.

 

I don't expect you will get an eviction notice this week (more likely middle to end next week), so we have plenty of time to get the N244 ready and it's important we wait until you have made the payment this week.

[cocoloco]

umm, maybe some crossed wires, but the eviction notice has already been done and given, the date is 16th at 10.30am. So I don't have that long??

[Ell-enn]

Sorry, I mis-read the situation. I'll make a start on drafting a statement for Q.10 of the N244 form. Can you complete the budget sheet in the meantime.

 

When will you be able to get a letter about your commission payment? We will also need confirmation of the tax rebate. Do you have a printer at home?

[cocoloco]

I can get my work to send a letter tomorrow to me, regarding the confirmation of the tax rebate, all I have is the inital claim I sent to HMRC in October with the amount I am claiming, and a corresponding letter back from them stating they wanted to see the pension statements (with a letter that was sent to them). I can do the budget sheet tomorrow when I get home tomorrow (travelling back from York to Wales) and yes I have a printer at home.

 

On another note, I have been waiting for HMRC to pay this for over 3 months, they keep saying its going to be paid xxx date and that passes and they then say it's been put back to xxx date, the latest was that it will be settled by the 11th ( 30 days after they confirmed receipt of the pension statements), would it be best at the court hearing to say that I will make the payment as soon as I receive the rebate (which may be in by then) as well as the additional £2k payment from this months wages?

[Ell-enn]

How are HMRC going to pay the rebate - will they send a cheque? You just need something in writing confirming that you will be paid the rebate.

 

What do you think is realistic in terms of what you can pay this month?

[cocoloco]

I am assuming they are paying by cheque?

[cocoloco]

How are HMRC going to pay the rebate - will they send a cheque? You just need something in writing confirming that you will be paid the rebate.

 

What do you think is realistic in terms of what you can pay this month?

 

Ell-enn,

 

Been on the phone to HMRC, they're worse than mortgage companies! They said that they would send an email to the backoffice and chase it up, but that they can take up to 3 weeks to respond. I have said that I am facing eviction from my house and could they send a letter confirming that I will be paid a rebate, they said no as theres no guarantee they will pay, so essentially i could be waiting up to another 3 weeks for this to be sorted. I assume this isn't going to go down well with any judge.

 

Help!

[Ell-enn]

Do you have the letter from your employer re your contract?

[cocoloco]

not yet but I can get that sorted

[Ell-enn]

OK, we'll need that to go with the N244 - are you taking it to court on Thursday ?

[cocoloco]

yes, what else shall I take? I have the letter that went to HMRC with the claim and can get their reply from my accountant. Should I offer to pay them £2000 on my payday, the £3300 as and when I get the cheque from HMRC, and then to pay off the arrears by the end of March with the commission payment (with evidence from my company)

[Ell-enn]

OK, if you can confirm you have the letter from your employer tomorrow night I will affix the statement to go with the N244 and you can get it printed off then - is that OK?

[cocoloco]

Ell-enn,

 

I'm goign to go to court today, have you the statement for the N244?

[Ell-enn]

Do you have the letter from your employer ? and can you confirm what you are going to offer to pay then I can finalise the statement and post it on here.

[cocoloco]

My employer wouldn't guarantee the sum as I work off of a P&L therefore they wouldn't want to suggest what costs are due this month for a March payment. However I do have the letter sent to HMRC, and I can show details of this months P&L showing potential earnings for February (if that helps).

 

In terms of what I am offering to pay it is the following:

 

£5000 by end of February (made up of £2600 from HMRC Tax Rebate, and the rest wages and expenses)

£2200 balance March 25th through wages

 

And I am also able to maintain payments to mortgage as well as these payements of arrears

[Ell-enn]

But you don't know if you will have the rebate by end February - wouldn't it be better to offer £2,400 end February and £5,000 end of March - (rebate + commission) ?

[cocoloco]

Very true Ell-enn. I was told it would be done by tomorrow, but obviously it won;t be. Happy for your guidance on that

[Ell-enn]

Affixed is the statement to go with Q.10 of the N244. You need to fill in the info where there are XXX's in the statement (remove the XXX;s) read through it carefully to make sure everything is OK. When you print it out, your printer needs to be set for A4 paper (not Letter size) so it all stays on one page.

 

On the budget sheet - write the Claim number on the top left hand corner and Appendix 1 on the top right hand corner.

 

These are the instructions for the rest of the N244:

 

1. Your name

2. Tick Defendant

3. Suspension of eviction

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

Sign and cross out all options except Applicant

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

 

Now assemble as follows:

N244 - signed

Statement - signed

Budget Sheet - Appendix 1

 

This forms the pack to take to court. Make sure it is stapled securely together. You will need to take a photocopy of it all for yourself so you have a set to refer to in the hearing. When you take it to the court you will need to pay a fee of £35.00 and it will need to be in cash. The court staff should be able to give you a date for the hearing while you are there.

 

Let me know when you have a date for the hearing and we can go through the procedure.

Cocoloco N244 Statement.doc

[cocoloco]

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