Eviction Tuesday please help.

[Ell-enn]

OK, that's good - did you print off proof ? I will post a statement later this evening. I hope you can get an emergency hearing on momday, there is a chance it may be tuesday morning though.

[Ellie1976]

Yes I have done a screen print of my statement showing the payment, ok thanks very much for your help, based on your knowledge what are my chances realisticly?

[Ell-enn]

Hi, given that you have paid £1,000 today I think that will certainly help your case. When is your next monthly payment due ? How much are you offering to pay towards the arrears each month (it will be what's left over on the budget sheet after everything else has been accounted for)

[Ellie1976]

next payment is now due 28th Oct when I get paid I am offering to pay £500per mnth which is £383.41 normal payments and £116.59 to arrears, Thanks

[Ell-enn]

Did the £1,000 you paid today include 28th September payment?

[Ellie1976]

Hi thats the bit that is confusing and I have typed up as the women I spoke to at Leeds says the arrears are £3213.31 but confimed my payments missed were £352.87 july aug and sept when I asked for more clarity as if she was saying£352.87 per month the arrears would be £1058.61 and she wouldnt explain why it was over £3000 I asked her several times and her response was ''thats your arrears

[Ell-enn]

What were the arrears when you got the suspended possession order in April ? did you attend the hearing

[Ellie1976]

Hi I cant find the paper work so not 100% sure think it may have got mixed up when my ex left, turned the house upside down to try and find it, yes I attended it

[Ell-enn]

You must have missed at least 3 - 6 months payments before the hearing in April, if you only paid May and June installments then missed July, Aug & September it is quite pssible that your arrears were c.£3,000 last week.

 

If you would like me to have a look at your budget sheet you can email it to me at ell-enn@consumeractiongroup.co.uk it's important we ensure everything is in order for this hearing

[Ellie1976]

Hi I have sent it over thanks

[Ell-enn]

OK, will take a look. I'm going to post some instructions for you in a moment - can you stay online ?

[Ell-enn]

I can't open the document you attached - did you use the one I affixed ?? what programme did you use to save it?

[Ellie1976]

Hi yes I will stay on thank you again, I know I keep saying thanks but dont know what else to say your help and support as been invaluable only wish I would have sought support earlier!

[Ellie1976]

Sorry not sure I will try again as saved about 3 copies in various formats

[Ell-enn]

you need to save it in excel format

[Ell-enn]

OK, seen the budget sheet and replied to your email

[Ell-enn]

Take a photocopy of the letter regarding your pay rise and on the top left hand corner write the Claim number and on the top right hand corner write Appendix 1, do the same on the proof of payment (it will be Appendix 2) and the budget sheet (it will be Appendix 3).

I have affixed an N244 form and below are the instructions for completing it:

 

1.Your name

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.

 

I'll affix the statement and further instructions in the next post.

n244_0400.pdf

[Ell-enn]

Affixed is the statement for Q.10 – you need to fill in the information where there are XXX's (remove the xxx's) 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.

 

 

Now assemble as follows:

N244 form - signed

Statement – signed

Letter re pay rise – Appendix 1

Print out of payment made today – Appendix 2

Budget sheet - Appendix 3

 

 

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 yourselves so you have a set to refer to in the hearing.

 

When you take it to the court you will need to pay a fee of £40 and it will need to be in cash.

Ellie 1976 N244 Statement.doc

[Ellie1976]

Thank you very much, I will put 2 copies alltogether now and hopefully I will beable to get a decent nights sleep on Monday or Tuesday night

I approcaite all your help and threads I have recieved and would urge anyone in this situation to seek support on here sooner rather than later

[Ell-enn]

When you get to the court on Monday, ask if there are any free legal advisors on duty - if there are, ask to speak to one, they can accompany you into the hearing and support your case. Lots of courts have them nowadays.

 

Quick question - is your property shared ownership with a housing association? - I noticed you had included a rent payment on your budget sheet as well as mortgage payment.

[Ellie1976]

Hi,will do. It is yes to be honest its proberly the worst thing I have done I did it to get a foot on the property market wish I would of stayed in rented and saved up

[coledog]

When you get to the court on Monday, ask if there are any free legal advisors on duty - if there are, ask to speak to one, they can accompany you into the hearing and support your case. Lots of courts have them nowadays.

 

Quick question - is your property shared ownership with a housing association? - I noticed you had included a rent payment on your budget sheet as well as mortgage payment.

 

Yes - CAB may have a rep available, it is worth asking the Court Usher or ring CAB in the morning if you can get through. They do have people there at some courts if there are mortgage/rent arrears hearings going on. If not - just tell the usher and Judge that you are a Litigant in Person and this can make them really helpful

[Ellie1976]

Hi, thanks for that I will speak to them to see if there is anyone available

[Ellie1976]

Well here goes fingers crossed for today, hopefully I can sleep well tonight!

Thanks for all your help

[Ellie1976]

Well nafter 2and half nail biting hours sat waiting in court I have been given a hearing for 10am tommorow. I asked about the eviction as its due to take place at 10am tommorow and they say that the baliffs will not attend until after the hearing but will be on standby. Hopefully all goes well as I will have to ask for a few hrs of work tommorow and then go back in work, hopefully knowing I can come home at the end of my shift