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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Mortgage Express Evictions **BOTH SUSPENDED**


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Dear Guys

 

i have two mortgage express evictions in the next two weeks. One is for a buy to let my mother stays in and the other my own property. I had an arrangement to pay in november when the last eviction date was stopped. Due to my circumstances I couldnt open up a bank account and have only recently found a new job.

 

My arrears are in 4102.87 and 3077.90 in total. I now have a bank account and have offered to pay 3000 and 2400 of the arrears this month and the rest within two months. I have my other property which my mum lives in up for sale and have just accepted an offer of 271k which leaves me with equity of around 60k. When ringing mortgage express they have said they cant help as this is the second time they have had to give me an eviction date and for me to stop the eviction i have to not only pay the full arrears but also this months payments due at the end of the month and on the same day as my eviction.

 

im not sure what to do as with the property sale and now that im working i will be able to pay all of this off but mortgage express are not helping.

 

Please any advice would be grateful

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Hi there, if you need help with the statement for Q.10 of the N244 please let me know. Are both evictions on the same day?

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Hi Ellen thank you for the offer. As soon as I get home from work this evening I will finish completing it. Will let you know about any problems.

 

No the first eviction is next tuesday and the one after that is the following tuesday. Im hoping the judge will suspend it as both properties have equity and im now selling both. I can easily clear the arrears and start again

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Hi, just a couple of additions then it looks fine. Have you completed the rest of the form ok?

 

You'll need to take a photocopy of the form, statement and attachments before you take it to the court - remember to staple it securely before handing it in. You will need to pay a fee of £35 and it will need to be in cash.

 

Let us know what date the hearing is.

N244%20Woodl[1].doc

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Hi Perfect thank you so much for helping. Yes the rest of the form was fine thank you I found a previous thread so I can get guidelines from for it.

 

I shall do fingers crossed I get a hearing

 

Okay ive fully completed the n244 form can i ask someone to just have a quick check on it before i drive down to the court today please.

 

really appreciate itExample n244lo.pdf

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Hi there, No 9 should be Both Parties.

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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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hey guys as an update want to thank you for all your help. The 2nd eviction that was scheduled for next wednesday was suspended today with time time for me to sell my property. I have been given 6 months by which time all arrears will be repaid. I really do appreciate your help on that matter.

 

However on another note and i feel really stupid for doing this the eviction planned for Wednesday this week has gone all wrong. As i was driving to the second court house to submit the N244 the lender rang me and asked if i could pay anything. My total arrears are £3077. My next payment is due 16th March which would make my total arrears £3618 on the day of eviction. The lender seemed wanting to do the deal and said if i can pay by friday we can discuss moving forward with a payment plan. On friday I offered to pay £2700 with the next £918 on April 10th when I get paid for my new job. I also explained I had an offer on my property of £271k. The outstanding mortgage is £198k. The lady said this should be fine and took an income and expenditure form. She said a senior manager would get back to me with an answer. I have been calling all day today and they keep saying no answer has been made.

 

I feel so stupid for not submitting the N244 as i felt the lender was trying to help me. Is it too late to submit the N244 now and Have I now lost the property?

 

As always appreciate your help

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You need to ring them first thing this morning and if no answer tell them you are going to the court today to get a hearing in front of a judge and you will be telling him that they have kept you waiting till the last minute to accept your offer, then get a N244 to court asap. You will need to explain why you are submitting at such a late stage i.e. the lender hasn't given you an answer. If you need help with writing the statement for the N244 let me know - I will be on line this morning.

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

 

 

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Good Morning Ell-enn

 

Thank you for your advice and help as always.

 

I will be ringing them on way to court. The court office opens at 9am and I am leaving now to submit the N244 Form. I feel so stupid for believing them.

 

I will keep you posted hopefully I will get a hearing today

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OK, make sure when you get in front of the judge you tell him(or her), that they have kept you hanging on till the last minute. Have you detailed what you offered ME in the N244 ?

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

 

 

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Hi All

 

Just to let you know I went in front of the judge and he has granted suspension of the eviction tomorrow. I explained the situation and agreed for me to pay 2700 today and the rest of the balance on sale of the property.

 

Cant thank you guys enough

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great stuff :) did you ring ME this morning? what did they say?

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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Hey I rung ME in the morning and they basically said they needed the tenancy agreement. EVen though I had sent it before and they confirmed receipt. They then said that without that they couldnt do anything. When I said I was going to court they said I would be wasting my time as ME wouldnt authorise anything. But the judge did :) again thank you for your help

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