Eviction Warrant Received *Eviction Stopped*

[davhems]

hi need some help with a eviction date i have been given i will give as much info as possible here goes.

have a suspended repossesion order with ge money for a secured loan i got an eviction date in september and managed to get it stopped by paying half the arrears and agreeing to pay 400 per month (200 normal paymeny 200 arrears which stood at aprox 1400) they would not budge on this and so felt i had to agree to save my house.i have missed last 3 payments and arrears now stand at 2000 i recieved a eviction date today for 21st feb (day after my birthday) i have phoned them tonight and they will not budge unless i clear the arrears in full as i have had failed payment arangements before.i offered 1000 on 28th feb and 400 ongoing to meet my payments and clear arrears. we went through a income outcome and said i have more going out than in but i felt i was under pressure to do this on the phone and may have made mistakes .so my situation is do i try to go to court and stop this or do i have no chance my worry is the judge will agree about my income expend even though i know this is wrong also do you think the court will think the 400 payments were to high i also was not offered any other options i e deferring on to balance or interest only. sorry for the ramble but my head is all ver the place at the moment

[Ell-enn]

Hi there, you can defend by entering an N244 at court and we can help you with that. What was the reason for missing the 3 payments ?

 

I have affixed the budget sheet we normally use in these cases - it calculates automatically as you enter the figures. This will show how much you can really afford to pay towards the arrears each month.

 

We can state in your defence that you were pressured into offering £200 per month extra which was unaffordable. Given your level of arrears £50 per month is much more realistic.

 

How many years are left on your mortgage ?

Do you have any children living at home ?

 

I will start a new thread for you so your case doesn't get lost in this one (you will be redirected to the new thread automatically)

Budget Sheet.xls

[davhems]

hi theres aprox 15 years left on the mortgage and i have 3 kids 11 5 6

[Ell-enn]

Ok, fill in the budget sheet and then let me know how much it leaves you with to pay towards the arrears. There is case law (called the Norgan case) which gives the judge the power to order that the arrears are paid over a longer time than the lenders usually like (they always say they want them cleared quickly, never mind whether you can afford it ot not!).

 

What was the reason for missing payments ?

[davhems]

basically when the initial case came up and was suspended my wife had cut her hours due to child care and also found out she had been ovr paid for many years at work an got a 200 a month deduction from salary i missed the recent ppayments becouse i borrowed money from family and payday lenders to stop the sept eviction and i got caught in a downward spiral im just worried the court will feel ive made arrangments before and not stuck to them as im sure ge will drag all the dirt up on me

[Ell-enn]

I think the fact that they pressurised you into agreeing to make such large payments towards the arrears each month is a good enough reason for defending the eviction. When dsid you make the last payment and how much was it?

 

Have you started to fill in the budget sheet yet ?

[davhems]

i beleive it was end of sept /begining of oct but as soon as i had done that my main mortgage did the same and it tookme till begining of jan to get that sorted im just worried the judge will laugh me out of court as i know ge will make me look like im a financial mess ive filled the sheet in but i couldnt email it im working on it now

[Ell-enn]

Hi there, I have affixed an N244 and below are the instructions for completing it: I will draft a statement to go with the form and affix it shortly.

 

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.pdf

[davhems]

ok i dont have a printer and it says i cant save it will i be able to fill it in at the court

[davhems]

also would i need to offer a lump sum or not

[Ell-enn]

Is there anywhere you can use a printer (local library? - you can usually pay to get on the internet and print documents)- you really need to print out the defence statement. You can save the N244 - Click on File at the top left hand corner and then Save A Copy.

[davhems]

i have accsess at work but was hopeing to fill the form in and email it to work and print out there as theres not much privacy how do i find the defence statment sorry for being a pain

[Ell-enn]

I haven't finished the defence statement yet - will affix shortly. You can then save it to your computer and email to work. You can fill in the N244 and Save a Copy to your PC as I said in my previous post. You can then email it to work along with the defence statement.

 

Is the mortgage in joint names ?

[davhems]

yes its in joint names

[Ell-enn]

OK, I'm just finalising the statement, back shortly.

 

There's no need to offer a lump sum unless you really have spare money. When did you last make a payment and how much was it ?

[davhems]

i paid £1350 lump sum to stop eviction on 23/09/2011 and then made my normal payment of £410 on 30/09/2011

[Ell-enn]

OK, have you managed to save the N244 to your PC ?

[davhems]

yes ive emailed that and budget sheet to work im going to be truthful with my boss tomorrow and i think he will let me go and sort this out do i need to attached the budget sheet to the court forms

[Ell-enn]

Affixed is the defence statement and below are the rest of the instructions:

 

On the statement for Q.10 – you need to fill in the information where there are XXX's at the top of the statement (the information will be on the eviction warrant) and also where I have put Mrs XXX – 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 Budget sheet you need to write the claim number on the top left hand corner and Appendix 1 on the top right hand corner.

 

Now assemble as follows:

N244 completed.

Statement – signed

Appendix 1 – 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.

 

Any questions, just shout - I'll be on line for another hour or so

Davhems N244 statement.doc

[davhems]

ok do ineed to put that information on the n244 at q10 or just attach it to the form

[Ell-enn]

You should have ticked the box for attached witness statement at Q.10. Print the statement out and affix to the form with the budget sheet as per my instructions in the post above.

[davhems]

sorry yes i have i will sort this out tomorrow and repost on here the progress i cant thank you enough for your help tonight i thought i would get torn apart if i went to court but i can go in there now with some confidence.does anybody have any tips as to what the judge is likely to ask me on the day

[Ell-enn]

Post back here when you have a date for the hearing (they should give you a date when you take the form into the court) - and we can go through the process of the hearing. Don't forget to ask the court if there are any duty legal advisors in attendance on the day of your hearing - they can go into the hearing with you and speak on your behalf.

 

If you are able to make a payment before the hearing it would be helpful.

[davhems]

been to court and got date for emergency hearing 16th feb week tomorrow i totally fogot to ask about the duty legal advisors but there is a number on the paperwork i got .im really worried now as if it doesnt go my way i have only a couple of days to get a house and have nothing for bonds rent ect till end of the month

[Ell-enn]

Are you able to make a payment before the hearing ?