Urgent Help Needed - Eviction out of blue

[sixofspades]

Ell-enn - I have just emailed you my fathers explanation.

[Ell-enn]

OK, I'll take a look

[Ell-enn]

I have replied to your email and we can now start to work on the N244 statement on this thread

[sixofspades]

Thanks for your reply.

 

With regards to the query I made earlier, do you think just a £1,500 cash injection is still a good offer?

 

When I first spoke to the mortgage company, I discussed that we could offer £1,500 and the advisor said that was a good. We're now really very concerned that giving them a full £2,500 towards arrears straight away could backfire if Kensington take it but them ask for monthly repayments to begin immediately or on the 1st of August.

 

The only way we can afford to start month repayments that early is by offering a £1,500 cash injection, not £2,500.

 

Also, in these situations, do mortgage companies allow for the monthly payment date to be altered to better suit the defendants pay days? My family's pay days fall between the 15th of each month and the end of each month.

[Ell-enn]

You could pay £1,500 as a lump sum and use the other £1,000 as the 1st August payment (pay it on 30th July). That way you can pay the 1st September installment with the end of August salaries ?

[sixofspades]

You could pay £1,500 as a lump sum and use the other £1,000 as the 1st August payment (pay it on 30th July). That way you can pay the 1st September installment with the end of August salaries ?

 

Yes, that is correct. Do you think that is an attractive offer - being able to not only pay off a lump sum but also start repayments immediately?

 

If so, will we have to ammend the wording of the propsal letter or simply change the figures?

[Ell-enn]

No need to reword the letter, just change the figures. Remember to change the total arrears figure on the budget sheet too.

[sixofspades]

Something that's just occurred to me.

 

When we took a trip to the countycourts to pick up the N244, we were given an N245 form along with it. Looking at it, appears to be a budget sheet but it does have a few more sections on it than the budget sheet kindly provided by you Ell-enn.

 

Will we be required to fill this N245 in too? It has a section that asks what we wish to apply for (Suspention of the warrant and/or a reduction of the installment order)

[Ell-enn]

I don't know why you were given an N245 that is a form to ask for a variation in a County Court Judgement and is nothing to do with a claim for possession (although it can be used to suspend a warrant of execution, which is perhaps where the court staff have made a mistake - but not a warrant of eviction). I think it was given to you by mistake, you don't need it so just discard it.

 

The N244 is the form you need for a hearing to suspend eviction.

[sixofspades]

Ah yes. It is a mistake. You've just reminded me that at the point of being given that form, the staff we spoke to didn't realise we were facing an eviction rather than the warrant of execution. I corrected him on this.

 

One other thing - at what stage, if any, in this process (Kensington agreeing to cancel the eviction or attending a hearing) will we need to provide proofs in the form of payslips, banks statements etc.

 

Will we need to have these prepared in time for a hearing or will the judge not need these? Will they ever be needed so we can prove our payment plans are true and affordable?

[Ell-enn]

You could take them along to the hearing just in case but it's very unlikely you will need them, after all the N244 statement will be signed as a statement of truth and that includes the budget sheet.

 

Do not send Kensington any bank statement no matter what they say - they have no legal right to know how your parents conduct their finances.

[sixofspades]

Thanks. I will follow your advice and not provide Kensington with bank statements (they asked for them when I first spoke to them but they ain't getting them).

 

If a Kensington decision maker asks for an explanation as to why my father defaulted on the mortgage, before (or even after) coming to a decision, am I right in assuming that I do not have to divulge that information?

 

------------

 

I have also amended the budget sheet and the proposal so that we will be able to offer £1,500 towards the arrears immediately and the ability to make a base+arrears monthly payment (£900 total) as soon as Kensington demand it (else on the 30th July).

 

One last thing Ell-enn. I noticed the wording of the 3rd party contribution letter does not make direct mention that the fact the contribution will be monthly. The wording goes...

 

...and confirm I will make a contribution of £200 towards mortgage account...

 

Should I slip in the word 'monthly' before the word 'contribution'?

 

Also, as my sister's partner will be contributing, the wording of the contribution letter does not reflect his circumstances (he does not live with us and the wording of the letter assumes the contributor does). Would it be possible for you to make a small amendment to the original letter to reflect this?

 

I can reword this myself but I'd be concerned I wasn't making the right changes.

[sixofspades]

Just to let you know Ell-enn, I have amended the contribution letters so you can ignore the above request relating to them.

 

How are you getting on with the N244? I'm starting to worry - it hasn't slipped your mind has it?

 

Please get in touch as soon as you find the time to do so. Thanks again.

[Ell-enn]

Hi, I haven't forgotten, I had some visitors today, just going to have dinner and then I'll be back with the N244 stuff

[Ell-enn]

Hi there, affixed is the statement for Q.10 of the N244 form. You will need to enter the info where there are XXX's at the top (remove the XXX's) the info will be on the eviction warrant. You also need to enter the amount you are going to pay each month towards the arrears where there are XXX's further down the statement. Make sure your printer is set for A4 paper (not Letter size) so it all stays on one page.

 

You will notice that I have included a paragraph regarding charges included in the arrears figure. You will undoubtedly have incurred monthly arrears charges and Kensington will have added those onto the total missed payments as they usually do. When you send the fax to them tomorrow you should ask for an up to date statement of the account. If you need me to draft a letter to accompany the fax please let me know.

 

On the budget sheet -write the Claim Number on the top left hand corner and Appendix 1 on the top right hand corner.

 

Below are the instructions for completing the rest of the form:

 

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 We Believe

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 form, signed

Statement, signed

Budget sheet - Appendix 1

 

 

This forms your pack to take to the court, make sure it is stapled securely together. Take a photocopy of it all so you have a pack to refer to in the hearing. There will be a fee of £35 to pay when you take it to the court. The staff should be able to tell you when the hearing will be while you wait.

 

 

Any questions, just shout.

Sixofspades statement.doc

[sixofspades]

Thanks Ell-enn.

 

I'm a little confused at the format of the letter. Could you offer some clarification?

 

I have a digital version of the N244. I notice the N244 does not state "We believe" - should I cross out the 'I' and write "We" in place so it coves bother my parents? I'm also confused about teh part where it asked "what is your name" - it doesn't seem to give an option for there being more than one person.

 

It also asks for a warrant number (which I have) - I presume I should include this too yes?

 

Finally, I noticed that the statements refers to having already paid the £1,500 cash injection on 26th July (tomorrow basically). Does this mean we will be absolutely required to pay that cash injection even before Kensington give us a decision. My concern is that if we are unsuccessful in stopping the eviction, that is money we'd need to find a new home. Handing it over to Kensington for them (and the courts) to then kick us out terrifies me.

 

I'll be back in touch regarding the fax message very shortly as I want to make sure everything is in order first.

 

Thanks again, you're an absolute superstar.

 

EDIT: If you have already read this post, disregard what I was asking about the section 10. I was getting ahead of myself but now I understand.

[Ell-enn]

What letter are you confused about ? I didn't attach a letter

 

On the N244 at Q.10 you tick the box for attached witness statement - you don't have an appendix 2

 

I thought you had collected a N244 from the court??

[sixofspades]

I know. Sorry about the confusion. I was getting a bit mixed up. By letter, I was refering to the statement. And ignore the Appendix 2 stuff. I've realised where I was misreading things. All is well now

 

I do have a N244 that we collected from the court. I also have a digital version of it that I can fill out (PDF format). I am filling out the PDF version because my handwriting is terrible.

 

Sorry again. I need to slow down and take this one step at a time. I'll get back to you shortly in the thread as I have a couple more queries.

[sixofspades]

Thanks Ell-enn.

 

1) I notice that the N244 I have does not state "We believe" in section 10 but DOES include "The applicant believes" - should I simply cross out everything except "the applicant believes"? I'm also confused about the part where it asks "what is your name" in section 1 - it doesn't seem to give an option for there being more than one person.

 

2) It also asks for a warrant number (which I have) - I presume I should include this too yes?

 

3) In the box right at the vert stary of the form (top right) where it asks that we state the claimant and the defendant, it also asks me to include a ref. I'm unsure what this is referring to.

 

4) Finally, I noticed that the statements refers to having already paid the £1,500 cash injection on 26th July (tomorrow basically). Does this mean we will be absolutely required to pay that cash injection even before Kensington give us a decision. My concern is that if we are unsuccessful in stopping the eviction, that is money we'd need to find a new home. Handing it over to Kensington for them (and the courts) to then kick us out terrifies me.

 

Hi Ell-enn. Do you mind tackling these few queries whilst I complete this N244? I just want to make sure everything is ok.

[Ell-enn]

1) I notice that the N244 I have does not state "We believe" in section 10 but DOES include "The applicant believes" - should I simply cross out everything except "the applicant believes"? Yes I'm also confused about the part where it asks "what is your name" in section 1 - it doesn't seem to give an option for there being more than one person. Put both names in the box

 

2) It also asks for a warrant number (which I have) - I presume I should include this too yes? Yes

 

3) In the box right at the vert stary of the form (top right) where it asks that we state the claimant and the defendant, it also asks me to include a ref. I'm unsure what this is referring to. You don't need to put anything for that

 

4) Finally, I noticed that the statements refers to having already paid the £1,500 cash injection on 26th July (tomorrow basically). Does this mean we will be absolutely required to pay that cash injection even before Kensington give us a decision. My concern is that if we are unsuccessful in stopping the eviction, that is money we'd need to find a new home. Handing it over to Kensington for them (and the courts) to then kick us out terrifies me. You have already offered Kensington this amount on the phone, if you are to have any hope of them accepting your proposal for the arrears and cancel eviction, then you do need to pay it. Also if you have to go to a hearing Kensington will report that you offered to pay £1,500 and didn't - the judge won't like that.

[sixofspades]

I agree with what you have to say on question 4. It will be paid tomorrow regardless.

 

I would also like to take you up on your offer of writing a fax cover letter for my family tomorrow if you wouldn't mind. Here are what is being included in the fax....

 

Written Proposal

Budget Sheet

3rd Party Contribution letter (sister)

3rd Party Contribution letter (Sister's partner)

Third Party Authority Form (see below)

 

I am faxing back the form Kensington sent me that enables myself and my sister to talk on behalf of my parents regarding the mortgage account.

[Ell-enn]

Can you post up what you have put in the written proposal please - or pm if you'd rather.

[sixofspades]

I have PMed you about the proposal

[sixofspades]

I have received you response. Thank you so very much.

 

When you said to put all of the other documents I will be sending, do you mean the following documents...

 

2x Third Party Contribution letters, Third Party Authorisation form

 

Is this correct?

 

Edit: I have assumed this is correct and completed the letter. Everything is now in order to be executed tomorrow. Your help means a lot to my family.

[Ell-enn]

Plus the budget sheet !!

 

Lets hope Kensington accept the proposal and cancel the eviction.