eviction date 31st january with birmingham midshires

[star*]

we have recieved an evition notice for 31st january, our arrears are now, 6,100, my husband got made redundant over 3 years ago and since then has found it really hard to get a full time permanant job and last year due to working for an agency he only worked 5months out of 12, and was on jobseekers allowance from august last year, so things have been really tight, he thankfully finally got a job starting on the 19th december, i have contacted b midshires to say we are now in a position to pay of the arrears, have sent in a income and expediture form to them and to the solicitors eversheds, offering to pay our normal monthly payment plus 100pounds per week of the arrears, and yesterday i made a payment of 650pounds, but they wont cancel the eviction unless i can pay them another 928pounds! which will be impossible i can only pay them another 300 at the most, and i have to send in proof that my husband was claiming jsa and proof that he now has a job, which i am doing today. I have raised a few complaints with bmid, one of them being that i complained to them about their unfare and extremly high arrears chargers, they sent me a letter saying that they would refund 3,011pounds in charges but this would have to come off our mortgage balance and not the arrears, which seems a bit crazy to me, if they owe me that money then why cant they take it off the arreaes, but they told me they cant legally do that?

So i am guessing that i now need to go and make an apllication to the court asking for the eviction to be suspended, we have 5 children 1 of whom is only 3 months old, so as you can imagine i am out of my mind, any advice would be appreciated

[Lea_HTH]

we have recieved an evition notice for 31st january, our arrears are now, 6,100, my husband got made redundant over 3 years ago and since then has found it really hard to get a full time permanant job and last year due to working for an agency he only worked 5months out of 12, and was on jobseekers allowance from august last year, so things have been really tight, he thankfully finally got a job starting on the 19th december, i have contacted b midshires to say we are now in a position to pay of the arrears, have sent in a income and expediture form to them and to the solicitors eversheds, offering to pay our normal monthly payment plus 100pounds per week of the arrears, and yesterday i made a payment of 650pounds, but they wont cancel the eviction unless i can pay them another 928pounds! which will be impossible i can only pay them another 300 at the most, and i have to send in proof that my husband was claiming jsa and proof that he now has a job, which i am doing today. I have raised a few complaints with bmid, one of them being that i complained to them about their unfare and extremly high arrears chargers, they sent me a letter saying that they would refund 3,011pounds in charges but this would have to come off our mortgage balance and not the arrears, which seems a bit crazy to me, if they owe me that money then why cant they take it off the arreaes, but they told me they cant legally do that?

So i am guessing that i now need to go and make an apllication to the court asking for the eviction to be suspended, we have 5 children 1 of whom is only 3 months old, so as you can imagine i am out of my mind, any advice would be appreciated

 

How many years and months (exactly) are left on the term of your loan?

How much were the arrears when the original SPO was granted? How many payments have you missed since then?

 

You will need to make a stay application as soon as you can.

 

Do not be forced into making any additional payments if you cannot afford to do so. You are better off going back to court, explaining your situation, and showing that since your husband has been back in work you have tried to rectify the issues.

 

If the arrears are also made up of charges then they cannot state that they are arrears, they have to show the sums separately, and on the basis of that, if they are refunding for charges made due to you being in arrears, there appears to be no reason why they cannot apply that payment to the charges balance, thereby reducing it.

 

Are the arrears you refer to £6k+ inclusive of charges?

[star*]

we have 14years and 7 months left on the loan, the original SPO was granted in october 2010, our arrears were about 2,600, we have missed about 6 payments since 2010, which doesnt leave us in a good situation i know, and our arrears are 6k without charges as far as im aware. I have a letter from them saying they will recredit our account with the arrears charges that have been applied which totals 3110.00, and this will show as a credit on our next statement, i dont understand why it cant come of the arrears as surely they are added onto the remaining balance? i will go to the court first thing on monday with the n244, incidently our mortgage balance is 103,301.50, and our house is worth around 165,950.00 so we are not in negative equity.

[star*]

sorry forgot to say thanks for replying, and also mention due to my husbands job being quite far away, we are planning on putting the house on the market in march x

[Ell-enn]

Hi, do you need help with the wording for Q.10 of the N244 ? that is the important part where you are explaining your circumstances to the judge for him to consider. Please let me know if you need assistance.

[star*]

yes please any advice on what to say in Q10 would be much appreciated, i guess at this stage i need all the help i can get, many thanks x

[Lea_HTH]

Excellent, Ell-enn is brilliant at the paperwork.

 

Your offer of £100 per month (you do state 'per week', but there is no need to pay that much) towards the arrears is more than reasonable and in line with Norgan case law.

 

I think you should make a formal request in writing to BM to pay the charges to the arrears and ask them to put their response in writing. If there is a refusal you should consider making a complaint to FOS.

[star*]

ok i will write a letter today and send it with the info that they require, as for paying off 100pounds per week i think we just want this over and done with i thought it would help our case, and to avoid paying too much in arrears charges, i think i need to read up on this norgan case law as it amy help, many thanks x

[Lea_HTH]

If your income and expenditure sheet shows you can afford £400 per month towards the arrears, then by all means offer that. Once the court agrees the payment, the mortgagee can no longer charge you arrears fees from that point onwards, unless you fall behind again.

 

Norgan case law is merely the confirmation of the law that a 'reasonable period of time' can include the entire remaining term of the mortgage.

[star*]

oh i didnt know they had to stop charging arrears fees, so we dont have to break our backs to get it paid off? the only thing is we are planning on selling the property so i guess having arrears will stop us from getting another mortgage? x

[Lea_HTH]

If the court orders a repayment period, then yes, they have to stop charging arrears fees because they have come to an agreement with you. In fact, even without a court order, if they come to an agreement with you on how to reduce the arrears, they are not entitled to charge arrears fees. It's only if you break the agreements (either court or direct with them) that they are entitled to start charging fees again (though the fees have to reflect their costs and not be punitive).

 

Arrears may have been listed on your credit report, so may well affect applications for future credit/mortgages. Once you have sold the house, the outstanding amount of the mortgage, plus any arrears, will be discharged and your credit report should be marked as 'satisfied'. Mortgages tend to be easier to get than other types of credit because they are secured on the property - but having low credit ratings can affect the interest that you will be charged.

[star*]

ok many thanks i really appreciate this help x

[Ell-enn]

Firstly, have you completed at budget sheet? I have affixed the one we normally use in these cases (it calculates automatically as you enter the figures). You will need to affix one to the N244 so the judge can see that you are able to afford what you are offering to pay.

 

Are you able to be online over the weekend ? I will need to ask quite a few questions before I can finalise a statement to go with the N244?

 

Also, do you have a printer at home ?

Budget Sheet.xls

[star*]

hi ell-enn, we have a very basic laptop that wont open the budget sheet, i can get to the library tomorrow and print off anything i need and open up the file then, and i will be online over the weekend many thanks

[Ell-enn]

OK, I have also affxed an N244 form which you will have to print out (best to print 2 just in case and also a couple of the budget sheets).

 

I'll try my best to get the statement for Q.10 done tonight (as you will have to print that out too), but I have visitors later this evening, so might not have enough time - would you be able to print out the statement on Monday before taking the N244 to court ?

 

Is the mortgage in joint names?

Do you have any children living at home ?

 

You will need photocopies of the letter and proof of JSA etc you sent to them today, can you do that?

n244_0400[1].pdf

[star*]

hi ell-enn yes i can get to the library on monday morning, thats no problem, i have copies of everything sent to bmid today along with postal reciept isent it via next day delivery, the mortgage is in joint names and we have 5 children living at home ages 3months, 3, 6, 11 and 15, many thanks

[Ell-enn]

Hi, do you have anything in writing regarding the £3k arrears charges they are refunding and that they will not pay this amount towards the arrears ?

 

Can you stay on line this evening ? I am working on the Q.10 statement now so may get it finished fairly soon, but will also need to give you detailed instructions for all the paperwork?

 

Are you able to open and read the N244 ? what programmes are you able to open ? can you read Word documents (that is what the statement is in)

 

Sorry for all the questions, but need to get things right

[star*]

hi yes i can open up the n244, and i have a letter saying that they will credit the 3k arrears charges to our overall mortgage balance, but nothing saying they wont pay this amount to the arrears, but i did speak to them yesterday about this and they were adament it would not go towards the arrears, i will be online tonight as much as possible, thank you for all your help x

[Ell-enn]

Can you open Word documents ? Do you have a printer ?

[star*]

hi we dont have a printer and i think we can open word documents, we are able to open up the n244 document if thats in word?

[Ell-enn]

The N244 is a PDF document - Affixed is the statement - let me know if you can open it.

 

I will give you the instructions for completing the N244 and also what to do with all the documents in the next post.

Star N244 statement.doc

[star*]

hi ell-enn yes i an open that ok, oh many thanks x

[Ell-enn]

Great - these are the instructions for the statement, appendices and the rest of the N244.

 

On the statement for Q.10 – you need to fill in the information where there are XXX's (delete the XXX's) the information for the bit at the top will be on the eviction warrant - there are also XXX's in the statement where you need to put your surname - 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 all the documents you are affixing - you need to write the claim number on the top left hand corner and the Appendix number on the top right hand corner.

 

Your Appendices are as follows:

 

Appendix 1 – budget sheet

Appendix 2 – copy of letter and proofs you sent to BM today

Appendix 3 – letter re arrears charges

 

The N244 form should be filled in as follows:

 

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.

 

Now assemble as follows:

N244 completed.

Statement – signed

Appendices in numerical order

 

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.

 

Any questions, just shout

[star*]

thats great thanks very much an i will keep you updated, much appreciation to you x

[Ell-enn]

You're welcome. Let us know what date the hearing is. Make sure you staple together all your documents in the pack securely so they can't come apart.