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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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NatWest want to evict us ** EVICTION SUSPENDED**


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We have been issued with an eviction notive for 2nd March by Nat West.

 

We have a suspended order but with burying our heads in the sand and a continued argument with FirstPlus over a secured loan (Story on another thread for that one) we got into a cycle of not paying the priority debts.

 

Heads now out of sand and none priority are all on repayment plans of bare mimimum, electric and gas are on prepayment meters it's just the mortgage we are having problems with

 

Arrears of approx £8500 but NatWest won't budge, they want a lump sum of around £8000, if we had this we wouldn't be in the mess we are in.

I've e-mailed their solicitors and telephoned Nat West but without any luck.

I've quoted FSA rulings, repayment of arrears over rest of term of mortgage (we have just under 20 years left).

I've asked for a change is the mortgage - Interest Only (for 6 months) + some off the arrears or capitlising the arrears or restarting payments on current terms + some off the arrears.

The judge said to pay £50 per month off the arrears at the suspended hearing we are ok to continue with that.

 

Anything else I can do.

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Hi, have you applied to the court for a hearing to stop the eviction ?

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What are you offering to pay each month ? - you'll also need to give a reason for the arrears.

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We can offer an extra £50 per month.

Not sure about the exact reason for the arrears we got into a cycle of payday loans (although I have set up repayment plans for these now and they are due to be paid off in the next couple of months) all other creditors are on repayment plans.

 

K

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Hi Ell-enn

I know you are probably at work at the moment but do you think you will have time later to help with the statement.

I'm ok completing the form it's just what to put and how to word the statement

 

K

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Hi, I'll have a look when I get home (you might have to give me a nudge later though in case I fall asleep on the settee lol )

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Hi Ell-enn

 

I've done the form and completed a budget sheet, the only other correspondence I have is an email to Shakespeares asking for Nat West to consider my requests in the first post.

 

K

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Hi there, how much are the arrears ?

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Sorry for all the questions, but need a bit more info...

 

Are there any charges included in the arrears figure ?

How many payments have you missed since the original hearing?

Do you have any children living at home?

 

The judge will want to know why the payments were missed so you'll need to think of a reason.

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As far as I know there are no charges, I've got our annual statement and there are no additional charges on there.

Not sure how many we have missed, think the last payment was August 2009.

No children

 

K

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As far as I know there are no charges, I've got our annual statement and there are no additional charges on there.

Not sure how many we have missed, think the last payment was August 2009.

No children

 

K

 

Do you mean Aug 2010 ? when was the suspended possession order?

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Have you had communication from them about the arrears since Aug 09?

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As far as I know just a 3 monthly statement, but it's pretty standardised one, I check with my husband but he's out at the moment. They have my works phone number so they can always get in touch with me though

 

K

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I'll draft something for you to put in Q10 of the N244 but you should be prepared for the judge asking you why you have made no payments for 18 months.

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I realise that, I work on what to say by the time we get to the hearing. Hopefully he/she will be sympathic.

We are both working and my husband's hours have just increased so we should be getting a bit more money in

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At Q.10 of the form, tick the box for attached witness statement.

Affixed is the statement to go with the 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.

 

 

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 yourselves 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. Ask the court staff if there will be any free legal advisors on duty on the day of your hearing.

Kazma N244 statement Feb 2011.doc

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We have a hearing at 10am on Monday 28th.

Our plan of action and hopefully it will work is to ask the judge to give us 6 months to prove we can keep up with payments + some off the arrears and then if needed another review 6 months after that, so 12 months of payments

 

K

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Eviction has been suspended - just need to make monthly payment + £75 off arrears. Had a very reasonable judge who said there was no point in asking us to pay more than what we could afford and that the arrears would be paid off well within the term of the mortgage and in this economic climate eviction would not be in anyones best interest

 

K

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Great News - well done! :)

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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