Stopping eviction order ** WARRANT SUSPENDED**

[DT19]

Hi first time user here,

 

We need help stopping eviction order we had first order suspended from gmac-rfc2007 now Paratus we have had a bad three years brother in law committed suicide, wife off work with depression, also wife had major knee surgery was off again for seven months, shortly after I myself had carpal tunnel surgery on both hands which each time I was off of work for six weeks when Paratus took over in 2011 making payments of £200 off arrears in last 12 months missed three payments one for when the car broke down both myself and my wife need car for work that was in march 2012, then an arrangement was set back up as I said had hand done off work for six weeks don't get payed only ssp

 

show payslips + medical note of doctor hadn't missed a payment until January 2013

 

when my daughter was assaulted by her partner which resulted in her having a miscarriage the, relationship broke down as a result of this, she then turned to alcohol to cope with the stress which then resulted in her having to come back home after losing her job and flat and as a family we are trying to help her get back on her feet.

 

When we explained this to Paratus they didn't care told me it was too late told them I would up the payments to £250 a month they turned down this offer, I then told them I would make the payment up that I missed in January they still turned me down they have now gone back to the courts and enforced the eviction is on the 14th may i also had my statement which i worked out expected payments was 6871.43 in payed in total 7545.50 plus paratus also added 210.00 in chargers please help!!

Edited May 2, 2013 by citizenB
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[citizenB]

I am moving you to the correct forum. I will also send out S.O.S on your behalf to those people who will be able to advise.

 

Most of those people advising on this type of issue have day jobs and will probably look in later on today or over the weekend.

 

So please be patient

[Ell-enn]

Hi there, how much are the arrears?

[Desperate Daniella]

Hi DT19, and welcome to CAG!

 

What an awful time you and your family have been having. I am so sorry.

 

You will get good advice here, but Ell-enn and Lea who are the experts in these situations are not online here at the moment.

 

Hang in there. I'll keep an eye on your thread and check back to see that you are getting help later today.

 

By the way, were your offers to Parabus made in writing or email, or were they telephone discussions?

 

DD

[DT19]

9500 have 18yrs left

[DT19]

both on email and offered by phone

many thanks for help

[DT19]

thank you

[Desperate Daniella]

both on email and offered by phone

many thanks for help

 

Then at least you have written proof that you tried to improve the situation.

[DT19]

Can anyone help

[Ell-enn]

Hi, you will need to enter an N244 form at your local court to request a hearing in front of a judge to get the eviction stopped - we can help you with completing the form. If we can get the application done so you can take it into the court on Tuesday when they open after the bank holiday you should be able to get a hearing before the eviction date.

 

Firstly you will need to affix a budget sheet to the form so the judge can see how you will afford the payments going forward. I have affixed the budget sheet we normally use in these cases - it calculated automatically as you fill it in. Let me know when you have completed it.

 

Also you will need copies of the emails you sent them with offer of payment and any letters/emails you have had from them refusing your offer.

[DT19]

Thank you

very much for your help advice done what you said also affix budget sheet as well as emails

also why we missed payments hearing for tuesday 7th of may 09.55 hopefully it will go our way paratus just won't listen not looking forward to their solicitors moore blatch get really nervous any advice

[Ell-enn]

What did you write in Q.10 of the form ?

[DT19]

The attached witness statement

[Ell-enn]

OK, what did you write in the attached witness statement ? (I assume you kept a copy of all the application so you can refer to it in the hearing?)

[DT19]

With the application I attached all correspondence to and from the mortgage company, emails with advice from other sources, letters sent explaining our circumstances both past and present, mortgage statement, expenditure form and information from The Telegraph about Gmac now known as Paratus and the fact that they were fined for treating people the way we have been treated.

[Ell-enn]

In your statement did you ask the court to take into account the Norgan case law and Administration of Justice Act ?

[DT19]

No sorry ell-enn we panicked because of the date so close and the only days off i got next week is tuesday and friday is it possible i can ask in the hearing for the norgan case law and administration of JUSTICE act to be considered to the judge

[northernbloke]

You would hope that Norgan would be something the judge would consider automatically.

[DT19]

Can i ask in the hearing for them to be considered or not allowed

[northernbloke]

The judge will give you the opportunity to put forward your case so you can mention it then.

[DT19]

Hi

thank you very much for all your help just got back judge suspended warrant have to pay 125 on top of mortgage

thank you

dt19

[Desperate Daniella]

So, so pleased for you.

 

DD

[Ell-enn]

That's great news - well done

 

Did you get any help at the court from an advisor ? I take it the judge was fair with you ?

[DT19]

no help at the court paratus solicitor opposed the order but judge ruled in our favour

thank you so much for your help

dt19