2nd eviction notice Commencment 20th january **SUSPENDED**

[poddles]

Please please help

My mortgage company is santander. HL Interactive.

 

We started having trouble with the payments and was taken to court. Santander were granted a suspended reposseion order. We agred to pay an extra 50 pounds a month on top of the current montly. I am on JSA and am getting help with the payments however the payments where not enough. we stuggled and found we couldnt meet the shortfall in Mortgage assitance plus the 50 pounds. My wife is Disabled and i couldnt not work because of children etc.

Again HL Interactice apply to the court and an eviction notice was issued this was about 6 months ago

I negotiated with there Solicitors and managed to stop the eviction without going back to court.

Unfortunatly with the Mortgage assitance changing to the base rate of the bank of England and not the banks. this made it even harder for us to keep up. Therefore we couldnt pay.

Now we have been once again issued with an eviction notice for the 20th January 2011.

I have tried to talk to HL but they basically refuse to even consider my offer.

My offer was i pay them 60 pounds a week which ok was not affordable before but seeing as my oldest son has now moved back in with us. it makes as he is in full time employment and i to am looking to return to work as circumstances change concerning my wifes care.

I really need help with the N244 form. I cant lose the house now that things are looking up for us ..

But we are so worried this is going to happen.

Also just after the interest rate change . Hl interactive sent us a form regarding consolidation and how we may be eligable we filled this form in thinking that maybe they was going to help us .. but when we heard nothing i called them .. they said basically that they sent us the form for furture reference in case we did .. Nasty little trick i thought. Getting our hopes up only to be dashed.

Any advise would be so appeciated

The mortgage currently stands at 125.201 and the arrears is 5,735 we have about 18 years left to run and it is interest only

[Ell-enn]

Hi there, I can help you with the N244 but will have to be this evening as I'm at work at the moment. Can you be on line tonight?

[poddles]

Yes .. I will be online this evening ..Thank you so much for your speedy reply

[Ell-enn]

No problem, in the meantime you need to fill in a budget sheet to go with the N244 and I have affixed the one we normally use. It calculates automatically as you enter the figures, so you can adjust things to get to the right result. When filling it in, remember that the amount you are offering to pay towards the arrears each month is the amount left over after everything else has been accounted for.

 

You will also need to get a photocopy of proof of your wife's disability.

 

I will send you a N244 form this evening together with the instructions for completing it.Do you have a printer at home?

Budget Sheet.xls

[poddles]

No but i have an N244 which i picked up from the court .. i handwrite it as we go

Thank you

 

In the meantime i will use the budget sheet and ammend as needed

[Ell-enn]

You will need to print off the budget sheet and also a statement I will send you to go with Part 10 of the N244 - will you be able to do that?

[poddles]

yes .. i can get those printed out .

[Ell-enn]

OK, will catch up with you this evening.

[Ell-enn]

Hi, I need a little more information before I can start to draft the statement to go with the N244.

 

Is the mortgage in joint names?

Do you have any children living at home?

How much can you realistically afford to pay towards the arrears each month?

Do you have proof of your wife's disability?

[poddles]

Hello again.

 

Yes in joint names. Myself and the wife.

 

Yes 2 Children .9 and 15

 

and yes i have proof of her DLA

 

TY

 

and with my son moving back in around say 80 pounds a month not including topping up the current monthly

 

The actually Mortgage payment is 437 pound ti which the assistance pays 261 pounds

[Ell-enn]

OK, you need to make the budget sheet show you have only £80 left each month to pay towards the arrears (this will be in Step 3 - the difference between your incomings and outgoings).

 

 

These are the instructions for completing the N244 (I will post a statement for Q.10 shortly)

 

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

 

11. Sign and cross out all options except Applicant

Sign and cross out all options except Applicant.

Enter your address and contact details.

[Ell-enn]

Affixed is the statement for Q.10 of the form. You will need to enter the info at the top where there are XXX's (remove the xxx's) and also put your name(s) where there are xxx's in other parts of the statement - you need to read it carefully to make sure you fill in details where necessary. When you print out the statement make sure your printer is set for A4 paper (not Letter size) so it all stays on one page.

 

On the proof of your wife's disability write the Claim number on the top left hand corner and Appendix 1 on the top right hand corner.

On the budget sheet, write the Claim number on the top left hand corner and Appendix 3 on the top right hand corner.

 

Now assemble as follows:

 

N244, signed

Statement, signed

Proof of disability - Appendix 1

Budget sheet - Appendix 2

 

This forms the pack to hand in to court - make sure you staple it securely. You will need to take a photocopy of it all for yourselves so you have a set to refer to in the hearing. You will need to pay a fee of £35 when you take it into the court and they should be able to give you a date for the hearing while you are there. However, as you are unemployed you may not have to pay the fee - I have affixed the leaflet regarding court fees. You will need to take proof of income to the court with you if you are applying for fee remission.

Poddles N244 statement.doc

EX160.pdf

ex160a court fees.pdf

[poddles]

Thank you so much. I belive i am exempt from the fee.

 

I do hope the judge will have some compassion and once again suspend the order. But i feel you statement will serve to show what our situation has been to what it is now.

Once again i thank you so much . I wonder if anyone knows if a case like this has had the order re suspended. as its quite a stressfull time for us not knowing if we have a chance or not

[Ell-enn]

Hi there, your arrears are not a great amount compared to a lot of cases. Also, it is quite normal for eviction to be suspended on several occasions as long as the judge can see there is an income and ability to pay arrears off each month.

 

Stay positive - you'll be OK.

[poddles]

Hearing today.

 

Order suspended Now we can get on with our lives and pay off these arrears

 

Thank you Ell-enn for your support and giving me the tools to do this.

 

I will be contributing to this forum just as soon as we are back on our feet.

 

I do hope that at some point in time i will be able to return the support from my experiences to another person in need

[Ell-enn]

That's excellent news - well done !