single dad with 4 weeks berore eviction

[harmy77]

help my wife has left me and my 4 kids and has not paid the morgage in 2 years ( i was giving her the money every month) i only found out this morning when the ballif sent me a letter saying i have 4 weeks before eviction i owe 17,000 and GE mony want the full amount i have about £100,000 in equity in the house and i can afford payments each month plus a bit extra but not full arreas please can anyone help

[northernbloke]

Don't panic, there's plenty of time to sort things out. I've been in this situation with GE Money, my arrears being £15000. They told me they wanted the whole arrears but I went to court armed with a form N244 and a repayment plan and I'm still here. You have to be able to repay the arrears within the lifetime of the mortgage and show why you are in arrears.

[Ell-enn]

Hi there, as said above you can apply to the court on a form N244 asking for a hearing in front of a judge to have the eviction stopped if you are able to offer payment. However, in order to help you we need quite a bit more information.

 

As an eviction notice has been issued there must have been a previous court hearing? did you know about this and attend the hearing?

Is the property in joint names?

How long has the mortgage left to run?

Do you have proof you have given your wife the money to pay the mortgage ? (bank statements?)

[harmy77]

Thanks for getting back

i had no idea that was a hearing anss she had hid all letters from me i was arrears previously but had clead most of them before a eviction date was set back in 2009 i think.

the property is in joint names

about 15 years

i have no proof except for money being taken out each month in cash from my account

[Ell-enn]

Hi, you need to complete a N244 form and take it to the court to get a hearing in front of a judge in order to get the eviction stopped - I can help you with that. Firstly, you need to work out how much you can pay towards the arrears each month - I have affixed a budget sheet for you to complete so you can see exactly what you can afford (the sheet calculates automatically as you fill it in) - you will also need to affix the budget sheet to your N244 form.

 

 

Let me know when you have done the budget sheet.

 

What date are monthly payments due?

 

If you gave your wife cash to pay the mortgage, how did she make the payments?

 

When did your wife leave the marital home ?

[harmy77]

she left about 2 weeks ago and is living in india with her parents, please find my budget sheet

[Ell-enn]

Hi, is it the first or second mortgage that the arrears refer to? You have put the second mortgage in your offer of payment colum ?

[harmy77]

yes it my second morgage , she was meant to be paying from her account

[Ell-enn]

OK, you need to put the normal monthly payment in Step 2 (delete rent and put in second mortgage) and how much you are offering to pay towards the arrears in Step 4. Also you have high amounts in entertainment, holidays, presents and household costs.

 

Is the first mortgage up to date ?

[harmy77]

yes it is up to date i agree that those costs seem high but with four kids 2 outings a month and presnts iclude friends parties birthdays x4 and christmas do you still think it still to high and and i allowed to keep some of the money left over for savings for rainy day emergencies ?

[Ell-enn]

If your costs seem high the court may think you should tighten your belt to pay more to the arrears.

[harmy77]

okay i have filled in the n224 asking for a suspension of eviction and written a witness statment

[Ell-enn]

Hi - I have amended your statement to the normal way of setting it out. Print it out and affix it to the N244 (you should tick the box at Q10 for affixed statement). Are you sure you have filled out the N244 correctly ? do you need help with it?

[harmy77]

i thought it was straightfoward i just copied the one from the guidlines on this site, and again thank you

[harmy77]

sorry to be a pain cant find the ammendended letter

[Ell-enn]

Dam it hasn't saved, will have to do it again.............

[Ell-enn]

Amended statement affixed now. Make sure you staple the budget sheet and statement to the N244 securely and take a photocopy of it all for yourself before you hand it into court so you have a set to refer to in the hearing. You will need to pay a fee of £40 and it will need to be in cash - take the eviction notice with you too.

 

Ask the court staff if there will be any duty legal advisers at court on the day of your hearing - they can accompany you into court and support your case.

[harmy77]

thank you

[harmy77]

thanks for your help my hearing is today is their anyting else i can do

[Old Cogger]

Good luck !