#repossessions : Northern rock Repossession Eviction Date

[slj1980]

Hi, I went to court in October 2010 for having arrears of £6,500 on my mortgage. The judge agreed for me to pay an extra £130 a month to clear my arreras as long as I do not miss another payment. I have however missed Marchs payment and have received a letter from the bailiffs saying I now have an eviction date of 10th May. I DO NOT want to loose my house but I do not know what to do and am relly really scared. My arrears are £6,800. I rang Northern Rock, yesterday, they wasn't that helpfull, they said to either pay the arrears in full, which I can't or send my last three pay slips in and an expenditure form. To be honest, the phone call was all a bit of a blur as I was crying my eyes out. Can you help please? Thanks.

[Ell-enn]

Hi there, what was the reason for missing March payment? We can defend this eviction notice by entering an N244 at court to get a hearing before a judge to explain your case, but you will need to have a reason for missing the payment.

 

Can you give a little more background as to how arrears occured originaly please?

Is the mortgage in joint names?

Do you have any children?

Did you have any help with the court appearance in October i.e. did you send in a statement to the court beforehand?

[slj1980]

Hiya, it was missed as I sent a cheque and they did not receive this. Silly I know, but I did not check my bank account on line and did not realise this until it was too late. The arrears originally started back in 2008. I was paying £436.66 and took a two month payment break as I had paid nine continuous months. Apparently, this was never approved and I should not of taken this break. Then it has just mounted up, my partner was off work for three months after having an operation, then we split up so could not afford to pay on one salary, then my Grandad passed away so was off work too. I moved out so never really seen any of the letters we were receiving. Yes the mortgage is in both mine and my partners name, we have had this for over 9 years. We have no children at the minute but are currently trying. I didn't attent the court hearing in October as I wasn't living at home and was unaware of this. I received the letter saying that this had happened. I rang Northern Rock and they said we could stay in our house and agreed to us paying back an extra £130 per month. I didn't send anything to the court before hand. Thanks x

[Ell-enn]

Hi, if the cheque was not cashed do you still have the money to pay the March installment ?

[slj1980]

No, I don't, I must of spent it thinking I had extra in the bank from somewhere.

[slj1980]

Hi Ell-enn, I'm so sorry to mither you, but if you can reply when you get a chance, that will be great. Thanks xx

[Ell-enn]

Hi, sorry - was busy at work this afternoon and have just got home.

 

How much can you realistically afford to pay towards the arrears each month on top of the normal monthly payment?

 

We can do a N244 to defend the eviction, but the difficulty we have is that you don't really have a good explanation as to why you didn't pay the March installment.

 

You will need to attach a budget sheet to the N244 form and I have affixed one to this post - can you please fill it in to see what you can affiord (it calculates automatically as you fill it in). I will then draft a statement to go with the form and I will then affix a N244 form and give you instructions for filling it in etc.

Budget Sheet.xls

[slj1980]

Hi, thanks, attached is my budget form filled in. I pay £436.66 plus an extra £130 currently = £566.66. I could probably afford another £100 each month ontop of this. Many thanks.

Budget.xls

[Ell-enn]

OK, do you know if the £6k arrears they say you owe has any arrears charges included ? Do you have a recent statement?

[slj1980]

Hi. i have dug my statements out from feb 09 to present. would you like me to send them to you x x

[Ell-enn]

No need to send them to me, can you just add up any arrears charges and let me know the total please

[slj1980]

Hiya. from feb 09 to jan 11 i have £530 arrears charges and £60 affidavit fee, whatever that is. shall i go back any earlier?

[Ell-enn]

Are those arrears charges included in the £6k arrears total they say you owe? i.e. how many months payments have you missed in total?

[slj1980]

morning. looking at theses statements it looks like i have missed 15 payments at 436.66.

[slj1980]

Good morning Ell-Enn. Hope you are well, just continuing our conversation from last week if that's ok, thanks xx

[Ell-enn]

Hi, thanks for your pm's. Can we keep the info on this thread please - it's helpful for others in the same position to see what is happening.

 

We need to wait for you to make your payment tomorrow so we an attach proof of payment to the N244. As you can't get the forms to court until Tuesday we have plenty of time.

[Ell-enn]

Hi, did you make your payment last Thursday ?

[slj1980]

Hiya, yes I did, I made it on Friday.

[Ell-enn]

Can you print off proof of payment ? I'll start to write a statement for you to take to court with the N244

[slj1980]

Yes, I'll print it off and mail it to you if that's ok. Thanks a lot.

[Ell-enn]

Hi there, affixed is an N244 form and the instructions for completing it are below:

 

1. Names

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.

Also 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 proof of April payment write the Claim number on the top left hand corner and Appendix 1 on the top right hand corner – do the same on the budget sheet except it will be Appendix 2.

 

 

Now assemble as follows:

N244 - signed

Statement – signed

Proof of payment – Appendix 1

Budget Sheet - Appendix 2

 

 

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 £40.00 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.

You need to get this to the court asap so you get a hearing before the eviction date.

n244_0400[1].pdf

Slj statement.doc

[slj1980]

Thankyou very much for this. Really appreciate it. I will be dropping this off first thing in the morning - so I just see the reception staff and ask them for a hearing date? Will they give me a date there an then? Shall i put the pack in an envelope? I will log on first thing tomorrow and let you know the dat ethey have given me. It's a week today my eviction, I am so worried.

[Ell-enn]

Staple all the documents securely together before taking the pack to the court. Make sure you have a copy of everything for yourself - you will need it to refer to in court. Just go to the counter and say you want to enter an N244 - show them the eviction notice, they should be able to give you a date and time for the hearing while you are there.

[Ell-enn]

Don't forget to take cash to pay the £40 fee, they won't take a cheque from you at this late stage as it would need to clear before they would give you a hearing date and you don't have time for that.

[slj1980]

Thanks for your help again. Was my I & E sheet ok? I wasn't sure if it was or not? Thanks.