Eviction Tuesday 11th October - HELP!!!

[nikkinono]

HI

 

Just looking for a bit of help and advice...

Today i received a phone call at work from my Mum telling me she and my Dad are being evicted on Tuesday...

 

I am so worried... i don't know what to do.

My Dad is unwell... registered disabled and has mental health problems.

My Mum has kept this from him, and me.

She is approx £8000 in arrears with Northern Rock. She also has a secured loan but has an arrangement to pay this. She has had an eviction suspended last year from this secured loan.

I am in total shock, did not know the extent of her difficulties. I need some advice on what action i can take... worried sick.

I am filling out a N244 form to take to the court tomorrow. I am willing to help her sort out all her debts and write to debtors on her behalf. I am also willing to help them financially.

Is it too late to submit an N244?

 

Any advice would be greatly appreciated!!!

[rebel11]

Hi nik

 

Welcome to CAG

 

The guys will be happy to advise as soon as they are available.

 

I'll flag this up for Ell-enn (Site Team).

[nikkinono]

Thank you so much... really desperate

[Ell-enn]

Hi there, what are you going to put in Q.10 of the N244 ? are they able to pay anything towards the arrears each month in addition to the normal monthly payment? What's the reason for the arrears?

[nikkinono]

Hi Ell-enn

 

I feel so relieved that you have replied i am sat here crying!!!

 

In December 2010, my parents business folded. My father is physically unwell, and due to this his mental health has suffered. He is quite literally bed bound, and i am worried sick.

 

My Mum has managed to secure a job, which at 60 years of age was a mammoth task. At first, she was working part time but in August she managed to secure full time hours.

 

The arrears are around £8000.00. They have an arrangement to pay, but in recent months missed two of these payments.

 

In August my mum attempted to pay a part payment to NR which they refused to accept.

 

One of the problems that have added to this situation is that is has taken 20 weks to sort out pension credits to help with the interest on the mortgage. This is now sorted and NR are receiving these payments directly.

 

I have completed an N244 form, and compiled a statement. in this i have stated that i am willing to help them out financially, and of course my fathers illness.

 

Any help or advice would be greatly appreciated. i am currently attempting to speak with NR on the phone...fingers crossed!!!

 

Nikki

[nikkinono]

Hi Ell-enn

 

I feel so relieved that you have replied i am sat here crying!!!

 

In December 2010, my parents business folded. My father is physically unwell, and due to this his mental health has suffered. He is quite literally bed bound, and i am worried sick.

 

My Mum has managed to secure a job, which at 60 years of age was a mammoth task. At first, she was working part time but in August she managed to secure full time hours.

 

The arrears are around £8000.00. They have an arrangement to pay, but in recent months missed two of these payments.

 

In August my mum attempted to pay a part payment to NR which they refused to accept.

 

One of the problems that have added to this situation is that is has taken 20 weks to sort out pension credits to help with the interest on the mortgage. This is now sorted and NR are receiving these payments directly.

 

I have completed an N244 form, and compiled a statement. in this i have stated that i am willing to help them out financially, and of course my fathers illness.

 

Any help or advice would be greatly appreciated. i am currently attempting to speak with NR on the phone...fingers crossed!!!

 

They are able to pay an additional £100 a month towards the arrears. Would this be acceptable?

 

Nikki

[Ell-enn]

Can you let me see what you have put in the statement please - have you used one of the statements from another repossession thread on this forum as a template? Also, have you done a budget sheet to go with the N244 ? you will also need any proof of your father's medical condition and also proof that your mum now has full time work. I can help you with all this if you can answer these (and probably a few more ) questions.

[nikkinono]

I will attached the supporting letter here if i can??? I hope its ok, on way to court now.

I have spoken to NR and they have asked for an I&E sheet which i have completed. I have also provided them with copies of pension credit award, DLA award which clearly states that my father is unable to walk and is disabled, and a copy of my mums new contract for work. I have also stated that we are willing to help financially but NR stated that this should not be included in the I&E form. They stated that once they have recieved this they will review it and see if an agreement can be reached. Finger crossed. Just going to submit the N244 form now in case no agreement reached.

 

many thank

 

Nikki

suspension.doc

[Ell-enn]

You need to include the case law Cheltenham & Gloucester v Norgan and also quote S.36 of the Administration of Justice Act - have you had a look at other statments done for N244's in the Repossession Successes forum ? That will show you how to set out the statement properly . I am at work at the moment so have very limited time to draft a statement for you Have a look at this thread (POST NO 13) http://www.consumeractiongroup.co.uk/forum/showthread.php?318693-FirstPlus-Eviction-Warrant-Again-*EVICTION-SUSPENDED* - it contains a statement for the N244 and instructions as to how to fill it out and what you need to affix, how many copies etc. . You will also find a budget sheet which you will need to affix to the N244

[nikkinono]

Ok i will do that. I have already submitted the N244 at court so i will redo the statement and take a copy with me. The hearing is at 10.00 on Monday.

I will look at the statements others have done, although having some trouble opening them!!!

 

Thanks for your help, i feel really anxious about the whole thing and couldn't bear for my parents to loose their home...

[Ell-enn]

OK, we can get the the statement done to take with you either in the evenings or over the weekend as I will have more time to help then. Your mum is attending the hearing ?

[nikkinono]

Thank you Ell-enn that would be great. Yes my Mum and myself are attending the hearing on Monday. NR are currently considering our proposal for payments... we have stated that we are able to pay £500 immediately and then £630 a month (£500 from us and £130 pension credit). Their regular payment was £470 so it is quite a bit more off the arrears. They can only do this as my sisters have agreed to chip in and help out along with me. Do you think they will accept this? and if not would a judge also accept it? We are certain that we can pay this amount and keep it up until the house is sold. (i have three siblings so it is not a massive amount each).

 

Thank you for helping me... i cannot tell you how much i appreciate it.

[Ell-enn]

No problem, happy to help. Do you have a printer at home and are you able to take photocopies on it ?

[queensclose]

your offer would be acceptable by a judge. judges don't throw people out of homes if there's light at the end of the tunnel. northern rock try too. as long as you keep to the agreement you will be fine. but be wary of northern rock. they going running back to court trying to reissue the warrant if your a few days late paying.

 

you need to have a look at what late payment charges have been added

[nikkinono]

Yes i do have a printer and photocopier Ell-enn. Thank you.

 

And thanks for your reply queensclose... i really hope that we can sort it out... not eating sleeping or anything!!! The payments will never be late again as i will be paying the mortgage direct debit on my salary date if its agreed. Fingers and everything crossed!!!

[Ell-enn]

Hi can you take copies of the following:

 

Proof of your father's disability

Proof of your mum's income

Anything which confirms the payments NR are receiving in respect of interest

 

Can you also complete the affixed budget sheet - you can include the contribution from the family.

 

Are you intending to sell the property ?

Budget Sheet.xls

[nikkinono]

Hi Ell-enn

 

Yes they intend to sell the property, we just need to finish a few small jobs. I have copies of all those things, and will complete the budget sheet. I have completed the N244 form, just need a better statement now!!!

 

thanks Ell-enn

[Ell-enn]

You don't need to fill in another N244 (you have already taken one to the court today), we just need to do a statement (and the supporting documents) for you to take with you to hand to the judge in the hearing. I will start to draft the statement for you and post on here later.

 

If you'd like me to take a look at your budget sheet you could sent it to me in confidence at ell-enn@consumeractiongroup.co.uk. Just let me know when you've sent it so I can look out for it.

[Ell-enn]

Quick question - is the mortgage in just your mum's name or in both paren't names ?

[nikkinono]

Hi Ell-en

I will send it to you when i have completed it. The mortgage is in both names.

Thanks

Nikki

[Ell-enn]

On the photopies of the following documents, write the Claim number on the top left hand corner of each one and then on the top right hand corner write the relevant Appendix Number :

 

Appendix 1 - proof of your dad's DLA

Appendix 2 - proof of your mum's job

Appendix 3 - details of interest paid direct to NR

Appendix 4 - budget sheet

 

Also, one more question re the monthly payment - you said you are offering £500 + £130 pension credit - is the £130 pension credit the amount paid to NR direct ?

[nikkinono]

Hi all

Well, good news. NR today accepted my mums proposal and said ' in essence the eviction is suspended, but you still need to attend court'. In other word, they are going for a suspension of eviction in case the account it defaulted in the future. We are attending court on Monday, i am hoping the judge will see that the amount we have agreed is, to be fair, too high considering their income and lets us pay less. This would ensure my parents can actually live off what they earn! But at the end of the day, it looks like they keep the house so good news!!!!

[queensclose]

they prefer the court to suspend because in an event of you defaulting they don't have to pay the reissue fee. you've got a result

[Ell-enn]

Nikki, are you still taking the statement to court with you ? I think you should

[newstarter]

yes i do too,communication between lenders and their reps can be poor to say the least,your parents could walk into court thinking its all done and dusted ,i wouldnt be letting my guard down yet.Take that statement and all your other paperwork with you as if nothing had happened.