URGENT Help, trying to stop an eviction scheduled for 9 November**SUSPENDED**

[parasiteswatter]

They are claiming about £12k. I'm pretty sure they are charging me late payment fees, and there's about £5k of solicitors fees applied to the account, but I don't know if this is in the arrears figures or added to the account generally. I do know however, that they are claiming overall that I owe approx £20k more than I originally borrowed. Never quite understood that...

[parasiteswatter]

Sorry, my keyboard skills are bad, that should have said 'charged me late payment fees'

[Ell-enn]

I have drafted a statement for Q.10 of the N244. You will need to enter info where there are XXX's at the top and within the body of the statement. The info for the top part will be on the eviction warrant.

 

On the Appendices write the claim number on the top left hand corner of each one and then the corresponding Appendix number on the top right hand corner.

 

Appendix 1 - evidence of your wife's medical condition

Appendix 2 - copy of the letter you sent to them

Appendix 3 - budget sheet

Appendix 4 - copy of your job offer

 

Assemble as follows:

 

N244

Statement

Appendix 1

Appendix 2

Appendix 3

Appendix 4

 

This forms your pack for court and you should staple securely together. Take a photocopy of it all before taking to the court so you have a set to refer to in the hearing.

 

There is a fee of £35 to pay (cash) when you submit the form, and they should be able to give you a hearing date while you are there.

 

These 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.

 

 

Hope this helps.

Parasitewater N244 statement.doc

n244_0400.pdf

[parasiteswatter]

Thank you so much ell-enn,

That is brilliant. I'll get it modified and sit tight with it for a couple of days whilst I wait for a response from platform

Thank you so much for your support.. I'll keep you posted with progress!

[parasiteswatter]

Had a call from Platform this morning - they have declined my written offer.

I'll get the N244 into court today.

 

I've Remembered that in early jan 2009, I paid off the whole of the arrears outstanding under the court order, so the arrears I currently have are new arrears; does this make a difference?

[parasiteswatter]

Also, our agreement for clearing the arrears with Platform was confirmed to us in a letter marked 'without prejudice'.

will this have any bearing on our case?

[Ell-enn]

Have you got a hearing date?

[parasiteswatter]

Hi All

 

My Court Hearing was this morning - the District Judge (who was a genuinely nice chap) suspended the evivtion on Terms of payment of the normal monthly payment plus £340 a month towards arrears, stating that "the Council of Mortgage lenders guidance is that Eviction should be a matter of last resort - and in this case there are other options available." He said the fact that I had equity in the property and a person who had not yet reached adulthood lived with me were also factors that he had taken into account.

 

Thank you everybody for your support, (especially Ell-enn - the Judge specifically mentioned that my statement was very clearly set out and showed intelligence and an understanding of the law) and if you are facing similar action by your mortgage company, have heart - the system isnt always against you!

 

Thanks everyone

[Ell-enn]

Fantastic News! well done for being so brave, I hope you can now relax and enjoy your home

[postggj]

ell-eenn

 

this is not my area so stay with me

 

that judgement about paying the arrears over the term of the mortage

 

does that run alongside a suspended possision order and does that order to suspend run along side the full term of the mortage

[Ell-enn]

In certain cases (where there are very large arrears, or the debtor can only afford a small amount towards them each month), the judge can use the Norgan case law to allow payment of the arrears over the remaining term of the mortgage - but it doesn't happen very often. (I have affixed the details of the case).

However, quoting the Norgan case law at possession/eviction hearings helps as the judge can order arrears to be paid over several years when most lenders want them paid off quicker.

 

A suspended possession order will remain in place while ever there are arrears on the account. Once the arrears are paid off completely you can apply to the court to have the suspension lifted. However, the lender has to agree and they usually want to see a period of payments without defaulting (can be as much as 6 months or a year).

Cheltenham & Gloucester v Norgan and S.36 Administration of Justice.doc