Notice of Eviction - 6 September 2012

[nimsons]

Dear Ell-Enn,

 

I got your details after carrying out some research on the Internet and various forums regarding the same predicament I find myself in, with a

Notice of Eviction due on 6th September 2012.

 

Detailed below is the full synopsis:

 

On the 25th of June 2008, I purchased my current residence via an interest only

mortgage obtained through Santander Bank. The total property was valued at

GBP 387,500 and the mortgage was for GBP 343,000

 

Monthly payments were consistently paid for 2 1/2 years until I ran into

financial trouble as a result of high hospital bills for one of my family members resulting in arrears

to the tune of GBP 15,000/-

 

As a result of the arrears, I attended a Court Hearing in early December

2010 in which the judge issued a Suspended Possession Order provided the

mortgage payment of GBP 1315 + an additional GBP 100 would be made payable

to Santander against the arrears.

 

We, my wife and I, both joint owners of the mortgage continued to make consistent monthly payments of the mortagage + arrears ensuring we were never late or fell behind.

 

Inspite of being made redundant in December of 2011, we continued to make

our monthly payments until all our savings dried up. I have not been able

to make any additional payments since June 2012 which has only resulted in

an increase in arrears.

 

I am now in a situation where I have been issued with this Eviction notice

but yet firmly believe I am in a position to repay the arrears and

continue to meet my monthly commitments provided I be given an extension

on repayment.

 

I have now been offered a position as a UK representative for a USA firm

and will commence employment on 1st October 2012, with an annual salary of

GBP 35,000/-

 

My wife is in part time employment, works 24 hours a week, and receives an

annual salary of GBP 28,000/-

 

> Further to my wife and me, we have two children, one aged 10 and the other

> 3, both who are on the "SENCO" (Special Needs Register for Children) as

> they are both diagnosed with Asperger's Syndrome, which is on the Autistic

> Spectrum. Furthermore, my mother, a retired Pensioner of 75 years with

> lower level Disability, also resides with us.

>

> Although the notice of eviction is dated the 3rd of July, it was only sent

> in the post on the 3rd of August and another copy was personally handed

> over to us on 14th August.

>

> My current mortgage payment is GBP 1215 and this would not include any

> additional payments towards the total arrears of GBP 15,000/-

>

> I have been speaking to all my family members for support and the maximum

> I would be able to offer the court/bank in payment towards the arrears

> would be a one off payment of GBP 5,000/- with a commitment to repay the

> rest over an extended period of time.

>

> I did try to seek legal advice but was informed that due to the value of

> the property I would not qualify for legal aid but the solicitor did

> mention to me to research on the "Norgan Calculation" and mention this in

> the N244 form.

>

> I would appreciate your advice on how to proceed. My entire family are

> very distraught and are looking at me for solutions.

>

> Any advice you could provide me would be highly appreciated.

>

>

> Kind Regards,

>

[Ell-enn]

Hi there, do you have a letter/contract confirming you new job?

[nimsons]

Yes, I received one from my prospective employers. My job commences on the 1st of October 2012.

[Ell-enn]

OK, you will need to enter an N244 at court to get the eviction stopped. Do you have the £5,000 available to make the lump sum payment? if you can do that it will significantly help your case.

 

You will have to affix a budget sheet to the N244 so the judge can see how you will afford the payments going forward. I have affixed the one we normally use in these cases (it calculates automatically as you fill it in). Let me know when you have completed it and we will move to the next stage.,

Budget Sheet.xls

[nimsons]

Hi Ell-Enn,

 

In response to your questions, a) Yes I can make a lump sum payment of £ 5,000 to the Mortgage Provider as I have secured this through family support and b) I have completed the Budget Sheet which I downloaded from a previous thread you had responded to.

[Ell-enn]

OK, if you can make the payment tomorrow and then print off proof from internet banking? that would be very helpful to your case.

 

Would you like me to look over the budget sheet? if so you can email it to me

[nimsons]

Hi Ell-Enn,

 

I can make the payment tomorrow via Internet Banking but would you not suggest I speak with the Mortgage provider or is it not better to make payment to the court?

 

Attached is the Budget Sheet detailing income and expenditure.

Budget Sheet.xls

[Ell-enn]

Hi, you should make the payment to the mortgage company - you can then write them a letter asking them to cancel the eviction due to the lump sum payment and your proposal to clear the arrears when you start your new job. You can enclose the budget sheet showing how you will be able to afford the payments. If you need help with the letter please let me know and I'll draft one for you.

 

If you send the letter tomorrow by special delivery (after you have made the payment), there is time for them to receive it and respond before you need to put an N244 into court - this may save you the court fee and hearing - it's worth a shot.

[Ell-enn]

I'd put the newspapers and magazines amount into the housekeeping/food. Also you have£150 in savings and pension - is that a pension plan?

 

Is the salary you have shown for yourself the amount you will receive from your new job?

[nimsons]

Hi Ell-Enn,

 

Firstly thank you for your wonderful advice. It is most appreciated and has helped calm my nerves. You are doing a wonderful job helping severly stressed and distressed people. May God bless you.

 

In reference to the payment, I am most willing to make the payment tomorrow via Internet Banking and follow up with a letter. Would you be kind enough to draft the letter for me. I will attach the job offer letter and the budget sheet to the letter and send it by special delivery.

 

However I am concerned about not filing the N244 form. I would rather file the form, pay the court fee which I believe is £ 40 and be assured that I have responded to the eviction notice. What do you think?

[nimsons]

I have moved magazines/newspapers budget over to housekeeping and food.

The £150 is pension contributions my wife makes to a contributory work pension.

The salary I have shown is on the basis of GBP 50,000 per annum gross.

[Ell-enn]

OK, make sure you edit the budget sheet entry from "savings and pensions" to "pension contributions".

 

It's entirely your decision as to whether you enter the N244 this week or next and I am happy to assist with the application.

 

I will draft a letter shortly, I'm just helping with a case which is being heard tomorrow so need to get that out of the way first.

[Ell-enn]

Is your mortgage in joint names ?

[nimsons]

Hi Ell-Enn,

 

The mortgage is in joint names - my spouse and I

 

I have completed the N244 form and the Witness Statement and would appreciate if you could have a look at it prior to filing it.

 

Thanks.

[Ell-enn]

Hi, I've removed your attachments as your personal details were on them! please remove all identifiers before re-posting - you can never be sure who is reading this forum

[nimsons]

thanks ell-enn. I dont tend to post to forums so not really sure about how to secure private information.

thank you for taking care of this for me.

[Ell-enn]

You can email the documents to me ?

[nimsons]

Hi Ell-Enn

 

Just did... please check your email and let me know

[nimsons]

HI Ell-Enn,

 

Can you please send me the draft of the letter to send the mortgage provider once I have made the payment via Internet Banking.

[Ell-enn]

Hi, letter affixed. You just need to enter the info where there are xxx's. Make sure you keep a copy of the letter and budget sheet. Send by special delivery (make sure you have the correct address and department), then check on the royalmail website in a few days to print off the signature receipt - staple it to your copy of the letter and keep in a safe place.

Nimsons letter Aug 12.doc

[nimsons]

Thank you Ell-Enn for all your assistance. I will proceed with the filing of the N244 form and attached documents tomorrow and will keep you posted.

[nimsons]

Hi Ell-Enn,

 

Filed the N244 with supporting documentation today. Hearing set for 29 August. What happens next? What should I do? Do I need to have a solicitor present at the hearing? What can I do to save eviction?

[Ell-enn]

Have you made the £5,000 payment yet ?

[nimsons]

yes, payment was made yesterday. Copy of payment with letter sent to mortgage provider via Royalmail.

Copy of letter to mortgage provider and evidence of payment to mortgage provider was attached and submitted with N244 supporting documentation

 

Still unsure about what is the next step in regards to the hearing next week

[Ell-enn]

The court will send a copy of your N244 to the lender, with any luck they may decide to accept your offer of payment and cancel the eviction - obviously that's not guaranteed.

 

Do you know if your court has any duty legal advisors in attendance on the 29th? did you ask when you took the form in?