Eviction - Pickering Finance -EVICTION CANCELLED - now trying again!

[lanesra14]

We have today received a Notice of Eviction from the bailiff informing us that the eviction will take place on 1 October 2009!

 

We had a previous Suspended Order granted some months ago, but have recently fallen behind on the repayments. Our situation wasn't helped by the wife losing her job a month later.

 

We can afford the payments now since wife started a new job this month. Will they not argue that we've defaulted on a previous arrangement? (although this only happened in the last few months when 1 salary was no longer enough)

 

Having seen the suggestions about the N244 form, we are not sure if it can help us as we are not selling the property

 

Also,will the lender not argue that we've defaulted on a previous arrangement? (although this only happened in the last few months when 1 salary was no longer enough)

 

I appreciate any assistance you might be able to provide.

[Ell-enn]

Hi there, if you can afford to make the monthly payments together with an amount towards the arrears you should be OK. How much can you pay towards the arrears each month?

 

You will need to put a budget sheet with the N244 and I have affixed the one we use to this post. Remember when filling it in that the amount you are offering to pay towards the arrears each month in addition to the normal monthly payment, is the amount left over after everything else has been accounted for. Print one off to practise on first to make sure you get the sums right.

 

Only offer what you can reasonably afford to pay taking into account any unexpected household or car repairs. If you offer what you think they want to hear and later find you can't afford it, you will find yourself in the same position again.

 

I have also affixed an N244 form which I can help you complete. The most important part is Q.10 which is your defence and again I can help you with that.

 

A few questions I will need to prepare your defence statement:

 

Is the mortgage in joint names?

Are there any children?

Are there any charges included in the arrears figure they are quoting?

 

Ell-enn

Budget Sheet.xls

n244_0400.pdf

[lanesra14]

Sorry, I should have explained that this is for a secured loan.

 

How different is the process for this?

 

Thanks

[Ell-enn]

There is no difference in the N244 process, you are defending an eviction order.

 

Who is the lender?

Is there a mortgage on the property and if so is it up to date?

 

Ell

[lanesra14]

The Lender is "Pickering Finance".

 

There is a mortgage with Abbey which is unfortunately also in arrears of £3,499, we pay 650 monthly. They too are threatening proceedings.....the stress is unbearable.

[Ell-enn]

Hi there, you do have my sympathy for your situation, being in debt can be very debilitating and it will be on your mind constantly. However, if your income has improved the situation is not irretrievable - lets deal with both of these issues one at a time The most important one at the moment is the secured loan eviction.

 

If you can answer the questions in my previous posts we can get the N244 done quickly and you will need to take it to court tomorrow or Wednesday at the latest. The court office will give you a hearing date there and then.

 

You will feel much better when you know you are doing something to rectify the situation.

 

We can then tackle the Abbey situation.

Have you been in touch with Abbey regarding the arrears - do they have suspended possession also?

 

Ell

[lanesra14]

Thanks Ell,

 

The loan is in joint names, but mortgage is in wife's only.

 

No children involved

 

The notice does not quote figures (but I know the arrears are now £1,020). We pay normally £560pm towards this. Never defaulted until July (paid £460), Aug (paid £100) had an unexpected expense , made no payment in September as we couldn't stretch it.

 

I've downloaded the budget sheet and will work on it tonight.

[Ell-enn]

OK, I'll make a start on the defence statement - and as soon as you tell me what you can afford to pay towards the arrears we can finalise tomorrow night - but you really need to take the form to the court on Wednesday latest - are you able to do that? You will get a hearing date which will be either later this week or early next week and you will need to be able to attend - you might think about warning your employer that you will need some time off at short notice (no need to go into detail, you could just say you need to sort out a mortgage or something like that).

 

When you do the budget sheet, remember you will need to include any payment towards the mortgage arrears as that will be the next issue we need to address.

 

Try not to get too stressed (easily said, I know), you need to keep focused and stay positive that you will get through this.

 

Ell

[lanesra14]

Yes, should be able to go to court Wednesday. We'll likely afford around £50-70 towards arrears.

 

Thanks for staying up late to help.

 

Very much appreciated.

[Ell-enn]

No problem, happy to help the sooner you take control of things the better you'll feel.

 

Just stay positive - judges don't want to take homes away from people when they have the ability to make payments, keep that in mind

 

As soon as you've taken the N244 to court, we can start on the Abbey issue, that will give you something to do while waiting for your hearing.

 

Try to get some rest tonight, as I said, the situation is not irretrievable.

 

Ell

[lanesra14]

Hi Ell,

 

Just done the budget sheet and all that's left after everything is £106.00 of which 50 going towards Abbey arrears, leaving only 50 for this. This is after the first run.

[Ell-enn]

If £50 is what you can afford then so be it. You're arrears aren't large so the judge should accept that OK.

[Ell-enn]

Hi there, your statement for Q.10 is affixed. You will need to enter the information where there are XXX's (obviously remove the XXX's). Also insert the month where I have put brackets (1st paragraph).

 

When printing it out make sure your printer is set for A4 paper ( not Letter size).

 

On your budget sheet write the claim number on the top left hand side and Appendix 1 on the top right hand side.

 

These are the instructions for 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.

 

You should now assemble as follows:

 

N244 form

Statement

Budget sheet - Appendix 1

 

You will need to take a copy of it all before stapling each set. Take one set to court. You will need to go into the court office in order to get a hearing date straight away. If you drop it in they will write to you with a hearing date and you don't really have time for that, also you will not know which day you need to have time off to attend until you get the letter - and you may not get the letter till Monday or even Tuesday !

 

I have also affixed a copy of the S.36 Administration of Justice Act for your information, do not hand it in to the court, it is only for you to read so you understand what it is we are quoting in your statement.

 

Any questions, just shout.

 

Ell

Lanesra14 N244 Statement.doc

Administration of Justice Act S.36.doc

[lanesra14]

Thanks very much for you all your help Ell, you have been a star.

 

I'll complete the form and go in tomorrow and hope I get a date.

 

I'll post an update after work.

[Ell-enn]

They should be able to give you a date and time straight away.

 

Once you have got that, we can get to work on the Abbey issue

[lanesra14]

PS. I've amended the letter to change the statement about children (as we have none:)).

 

Since they haven't stated the arrears figure, should I remove the statement about charges too?

 

Thanks

[Ell-enn]

Ooops, apologies for the mistake.

 

I put the issue of the charges in there as there will no doubt be some. Do you have a previous letter or statement showing how much they say you owe? if not, how do you know how much you are in arrears.

[lanesra14]

No previous letter stating arrears, just estimated the figure based on the 2 months we missed.

 

====

The notice does not quote figures (but I know the arrears are now £1,020). We pay normally £560pm towards this. Never defaulted until July (paid £460), Aug (paid £100) had an unexpected expense , made no payment in September as we couldn't stretch it.

====

[Ell-enn]

Do you have any paperwork from the original hearing when the suspended order was given?

[lanesra14]

Searching computer for statement I wrote. Court judgement "filed" somewhere in this study. Anything in particular?

[Ell-enn]

I'm thinking that the original court papers sent to you advising of the hearing 9Caim for Possession) would have had a statement of the payments and arrears - and hopefully show arrears charges on it.

[Ell-enn]

Just had a thought - did you amend the last paragraph on the statement regarding (remove stable home for children?). It should read

 

We assure the court that we are committed to clearing the arrears and respectfully ask that possession is suspended in order to avoid the expensive and unnecessary costs which would undoubtedly arise following repossession in the current property climate.

[lanesra14]

Hi Ell-enn

 

I changed it to:

 

We assure the court that we are committed to clearing the arrears and respectfully ask that possession is suspended in order to avoid the major upheaval of our family life and the expensive and unnecessary costs which would undoubtedly arise following repossession in the current property climate.

 

Update: The hearing is set for 10am tomorrow. Crossing fingers...

[Ell-enn]

Hi there, I know you have been to a hearing before, but this time it is your application not the lender's. So, the judge will speak to you first then to the lender's representative. Do not interrupt the judge when he/she is speaking. If you are required to answer you should address him/her as Sir/Madam.

 

You should get to the court in plenty of time and see if there are any duty legal reps in attendance. If there are, ask them to accompany you into the hearing - they can be invaluable.

 

I'm sure it will be OK. Just stay positive and don't forget to tell us the good news as soon as you can.

 

Ellx

[lanesra14]

Hi Ell,

 

Just to let you know we were able to get a suspension of the eviction notice on condition we maintain payments for the remaining 16months of the agreements then we'll be free of this debt. Arrears were added to the outstanding balance which increased our monthly payment by £67pm. At least we can see the finish line!!!

 

The lender's representative was a little strange in that he approached me (there we no duty legal reps) prior to the hearing and downplayed their chances of winning and tried to solicit information beyond our written statement, then he went for the kill in the hearing. Very unnerving. What a relief when judge made her decision.

 

Survived one battle, on to the next...