Help needed. Eviction Date 16th Feb! **SUSPENDED**

[Increase]

I got an eviction letter from Kensington on the 31st of Jan for an eviction date of 16th Feb for arrears of £16,000. I immediately called them to try and make some arrangement and they asked me to put forward my proposal and that it would be considered. These arears have built up over the last three years but I paid for four consecutive months between July 2010 to October 2010 but haven't paid since November 2010. I offered to pay £2,500 by the 14th of Feb and then an additional £200 towards the arrears in additional to my monthly payment of £1,250. I hurriedly went through a budget sheet with them and was told to send my bank statements. I faxed over my bank statements on the 2nd of Feb and was told my proposal would be passed over to another team for consideration. I called them on the 4th for an answer and was told to call back on Wednesday the 9th of Feb. I am not sure whether they are stalling or are just too busy to give me an answer.

 

Is it advisable to wait till Wednesday before filing an N224 or should I go ahead notwithstanding?

 

I work as a self-employed IT contractor and am currently in a contract. Arrears built up over the years during time that I didn't have work but I have been working since mid-last year. I missed November, December, January due to travel to attend to family health problems abroad. My mum only last week had a major cancer operation and is currently staying in my house. Joint mortgage but wife has been out of the country on personal reasons for a while but is due back in a couple of months. I was about to pay my January payment when letter arrived and I still have it on me.

 

I am considering filing N224 and offer to pay more towards my arrears since wife is coming back and should get work to assist.

 

Any help wolud be appreciated.

[rebel11]

Hi increase

 

Welcome to CAG

 

The guys will advise as soon as they are available.

[Ell-enn]

Hi, typical tactics, making you wait until 9th for an answer which is just ridiculous. I think you should get an N244 application ready so that if they don't play ball on Wednesday you can get it into the court that day. I can help you with a statement for the N244 if you need me to.

 

How much are the total arrears? the total they have given you will no doubt include charges - have you any statements from them showing charges?

How much is your normal monthly payment?

 

Ell

[Increase]

Thanks Ell.

 

My monthly payment is £1250. I will have to look at the statements to get the actual arrears figure less charges but charges could be possibly be close to £2000 over the years. I will post estimate figures later.

 

We came to an agreement to capitalise the loan in October i.e. they were going to add the arrears to the full loan but before I could get the forms to my wife abroad to sign, the agreement expired. The last payment I made was in November 2010 for October payment. Before then, I paid for four months consecutively and maybe missed a couple of payments early last year. I was going to pay on the 31st of Jan until I saw the eviction notice and I panicked. I originally offered to pay the £2,500 to cover arrears for November and December plus additional £200 a month towards arrears going forward. That is what they asked me to call back for next Wednesday.

 

Yes I will need your help with a statement for the N224 if you dont mind.

[Increase]

Just worked out total charges (less charges in 2010) is £3,454. I can't seem to find my 2010 statements but estimated 2010 charges would be in the region of £300.

 

Still need help with a statement for the N244.

[Ell-enn]

Hi, can you complete the affixed budget sheet as you will need one to go with the N244 application. The amount you are offering to pay towards the arrears each month should be the amount left over in Step 3 of the budget sheet.

 

I will start to draft a statement for Q.10 of the form, but it will be tomorrow before I get it done. Do you have a printer at home?

Budget Sheet.xls

[Increase]

Hi, can you complete the affixed budget sheet as you will need one to go with the N244 application. The amount you are offering to pay towards the arrears each month should be the amount left over in Step 3 of the budget sheet.

 

I will start to draft a statement for Q.10 of the form, but it will be tomorrow before I get it done. Do you have a printer at home?

 

Thanks a lot Ell.

 

I will complete the budget sheet. Yes I have a printer and tomorrow is perfect. Many thanks again.

[Increase]

Thanks a lot Ell.

 

I will complete the budget sheet. Yes I have a printer and tomorrow is perfect. Many thanks again.

 

Just tried calling the bank to see if my proposal has been considered and I was kept on the phone for a while and when the agent eventually came back on the phone he said it would be latest Thursday. I told him I was told latest Wednesday, but he said it cant be guaranteed. I think I want to seek emergency hearing tomorrow. Dont like the idea of waiting til Friday.

[Ell-enn]

OK, I'll finalise the statement. Be back shortly

[Increase]

OK, I'll finalise the statement. Be back shortly

 

Thanks a lot Ell. Really appreciate your help.

[Ell-enn]

Hi, don't know if you have an N244 so I've affixed one to this post. Also 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 left hand corner.

 

These are the instructions for the rest of the N244:

 

1. Your 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.

 

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.

 

Any questions, just shout.

Increase N244 statement.doc

n244_0400.pdf

[Increase]

Thank you very much Ell. I am very grateful.

 

Am not sure if it would help to mention the fact that my mum just had operation for Cancer treatment just over a week ago and she is staying in my house? Got letters from hospital. Would it useful addition to appendix?

 

Also got a letter in October 2010 where the bank offered to capitalise the arrears but it expired in 14 days before I could get the documents to my wife to sign. Again, would it be a useful addition to the appendix?

[Ell-enn]

I could add those points to the statement ?

[Increase]

I could add those points to the statement ?

 

If they can strengthen my case for suspension of eviction.

[Ell-enn]

To be honest I don't think they will add any weight to the case, I think it's fine as it is, but it's up to you.

[Increase]

Thank you very much Ell.

 

I attended the court this morning and got a hearing for Monday. I will let you guys know the outcome of my hearing.

 

Many thanks for a wonderful job you are doing here.

[Increase]

I was in court this morning to stop the eviction and we won! I thank God for the wonderful people here especially Ell who spent valuable time helping me draft the N244 statement and provide very useful information. I stumbled on this site while searching for help and read a lot of threads about people with similar problems. I was a bit worried due to the size of my arrears but the one thing that swung it in my favour was that I paid the £2,500 I offered the bank before the hearing. I only paid it on Saturday because Kensington were stalling and didn't want me to make the payment. They kept on promising to make a decision on my proposal but never came back. When I called them and offered to pay the £2,500 on Friday, they said I should wait till after the hearing before deciding whether to pay or not. But I read here when one forumer said they made a payment and the judge saw it as a good gesture, so I made a debit card payment on Saturday so that it will record before my hearing today.

After listening to both sides of the story, the judge acknowledged that my paying the £2,500 was a good gesture and that it shows my reliability in meeting my commitments. Kensington really wanted my property. Even this morning, their representative asked them whether the £2,500 payment changed anything, and they said no that they are going ahead. They were intentionally delaying giving me any feedback on my proposal and never really wanted any amount less the full arrears which they probably knew I didn’t have.

Judge suspended and accepted my proposal of additional £200 to clear arrears. Praise God!

I thank Ell and the team, and all who contribute to this site. I will be showing my appreciation with a contribution today. You are saving many lives and you deserve all the support.

God bless you all!

[Ell-enn]

That's wonderful news Increase - well done ! Take some time to relax now

[thaloco]

I'm the the same boat, Kensington have dismissed all I have tried to put to them to negotiate payments (and arrears), and still after 3-4 attempts to negotiate with them they went ahead and managed to gain an evicition notice for the 30th May '12. I too am a contractor and in the same boat, the info here is helping me draft my N224 form.

 

I just hope I have as much luck as you Increase.

[thaloco]

I just need to know, that if I give a witness statement can my son, who is helping my financially (he has a full time perm job) can he be named on the statement.

 

We both reside at the same address, I got into arrears due to lack of contracts over the last 2 years and therefore owe near £14.000. My mortage is normally £850 per month, I was given legal advice to say if I offered and extra £50-60 to cover the arrears, this would be ok, but Kensington would have to agree it, or, should I offer more? I could offer maybe an extra £100-150, now that I have a new contract and gaining financial help from my son.

 

Prompt advice would be appreciated, as I'm submitting the forms ASAP (tomorrow).