stefaniex eviction

[stefaniex]

could take a few months

[Ell-enn]

You will need to get the offer in writing to show the judge what you say is true. In the meantime make January payment (you will need to keep making monthly payments until the sale goes through) and start looking at the N244 - if you need help with the statement let me know.

[stefaniex]

a letter or statement would be a great help x

[Ell-enn]

Ok, when do you think you'll be able to get the offer in writing ?

[stefaniex]

i can call the guy tomorow and ask him to put it in writing asap but as its a private sale and not through agents would that be ok ?

[Ell-enn]

You just need to prove that you have an offer and expect the sale to go through ( letter from the purchaser's solicitor would be better). When will you be making the January payment ?

[stefaniex]

hi ell i wont be able to make january payment until the 25 or 26 of january all the payments have been made around this time

the court order was mortgage plus 300 = 1200 per month .. ive paid

1500 august

0 sept

1000 oct

1350 nov

1500 dec

700 6 jan

 

total due under order = mortgage 5400 plus 1800 off arrears =7200

ive paid .. 6050 total of just jan payment short .. i also have proof of machinery repair bill x

[stefaniex]

hi .. i spoke to the man who wants to buy the shop and he says he will ask his solicitor to put it in writing but wont be able to until the end of the week x

[Ell-enn]

OK, we can work on the N244 over the next couple of days and if you can get the letter from the solicitor on Friday you could take the N244 to the court then.,

[stefaniex]

ok thanks xx

[stefaniex]

hi i now hve the letter from the buyers solicitors with an offer and also asking me to stay and manage the shop for at least 18 months ( bit of good news ) Acenden are aware that we are selling .. but will still not budge on the eviction x

[Ell-enn]

That's good I'll start to draft a statement for Q.10 of the N244.

[stefaniex]

thank you x

[Ell-enn]

Give me a nudge tomorrow and I'll get the statement done for the N244

[stefaniex]

hi ell .. just a gentle nudge

Edited January 15, 2012 by stefaniex
spelling

[Ell-enn]

Hi have you done an up to date budget sheet to show the judge you will be able to make the normal monthly payment once the arrears have been cleared ?

Budget Sheet.xls

[stefaniex]

no i havent but i can do one .. the sale of the business will be enough to pay the arrears and pay the mortgage for a good few years , but the aim is to pay the arrears and put the house up for sale .. unfortunantly all the hassle with acenden has put a strain om my marraige and my husband and i will be parting as soon as we can sort things out x

[Ell-enn]

OK, let me know when you've done the budget sheet and I'll finish the statement. I've affixed a N244 form and these are the instructions for completing it :

 

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.

n244_0400[1].pdf

[stefaniex]

budget sheet done we can easily afford the mortgage with the income from the job i have been offered at the business we are selling x

[Ell-enn]

OK, affixed is the statement to go with Q.10 of the form - you need to fill in the information where there are XXX's (the information will be on the eviction warrant) read it through carefully to make sure all the info is correct When you print it out the printer needs to be set for A4 paper (not Letter size) so it all fits on one page.

 

On the solicitors letter re the sale of the business - you need to write the claim number on the top left hand corner and Appendix 1 on the top right hand corner. Do the same on the budget sheet except it will be Appendix 2.

 

Now assemble as follows:

N244 completed.

Statement – signed

Appendix 1 – Solicitors letter

Appendix 2 – Budget sheet

 

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 yourself before taking the pack to court so you have a copy to refer to in the hearing.

 

You will need to pay a fee of £40 when you hand it in to court and it will have to be in cash. They should be able to give you a date for the hearing while you are there – also ask them if they have any duty legal reps who will be there on the day of your hearing – if you approach them about your case when you get there on the day they can accompany you into the hearing and speak on your behalf.

stephaniex N244 statement.doc

[stefaniex]

thats great thank you so much x

[Ell-enn]

You're welcome let us know when the hearing is.

[stefaniex]

hi .. i have a quick question .. acenden called me today before i went to the court to get a date .. they asked me to send a copy of the offer letter .. they said they will look at

it again once they get the letter .. my question is .. will it be to late to wait until they see the letter or still go to get a hearing ? .. i guess they are stalling me .. but i live in hope .. if i go on monday first thing .. is it to late for an eviction on wed?

[Ell-enn]

I would still put the application in - Acenden are well known for keeping people hanging on till the last minute. I know you need to pay £40 for the N244 but look at it as insurance against them not playing ball. I personally wouldn't leave it till Monday.

[stefaniex]

ok thanks i will do it in friday morning as i have no staff in tomorow .. would that be ok .. i got the date wrong eviction is thursday x