blemain/together mortgage - now on 3rd eviction notice - Friday 11th Dec

[Ell-enn]

Hi there, the lender cannot include arrears fees in the arrears amount they are claiming and if that is what they are saying on the claim form then the figure they are pleading is wrong. What date is your hearing? we should be able to get a defence statement done over the next day or so - could you deliver it to the court by Friday?

[Ell-enn]

Is it too late to file the defence online under the MCOL system?

 

As the hearing is next week it's best to hand deliver the defence to the court.

[Ell-enn]

Can you let us know what you are putting in your defence please, just so we can check you have included everything that's necessary. It should be concise and to the point - have a look at how to set out a statement on page 13 of the guide here : http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession. You can also download the budget sheet from the second post in the guide thread.

[Ell-enn]

Would you like me to draft a defence statement for you ?

[Ell-enn]

OK, can you answer the following questions:

 

Is the mortgage in joint names?

Do you have any children living at home?

Do you have any documentary evidence of your medical condition (letter with hospital appointment for tests etc)

Have you completed the budget sheet yet?

[Ell-enn]

Excellent - would you mind emailing the budget sheet to me when you have completed it? I'd just like to make sure there's nothing the other side can pick holes in (if you know what I mean) my email is Ell-enn@consumeractiongroup.co.uk (there is no space between the c and o - the site just shows it like that). Put a message on here to say when you've sent it so I can look out for it.

 

I can then complete the statement tomorrow morning and you can take it to the court.

[Ell-enn]

This evening is fine

[Ell-enn]

I've got the emails and replied

[Ell-enn]

Hi, affixed is the statement for court. You need to fill in the info where there are XXX's at the top (remove the XXX;s) the info you need will be on the court forms you have received. Read through it carefully to make sure everything is OK. When you print it out, your printer needs to be set for A4 paper (not Letter size) so it all stays on one page.

 

On the budget sheet - write the Claim number on the top left hand corner and Appendix 1 on the top right hand corner.

 

Now assemble as follows:

Statement – signed

Budget Sheet - Appendix 1

 

Make sure it is stapled securely together. You will need to take a photocopy of it all for yourselves so you have a set to refer to in the hearing. When you hand it in to the court ask the court staff if there will be any free legal advisors on duty on the day of your hearing – if so, you can approach them and they will accompany you into the hearing and support you.

 

[Ell-enn]

You only need to take the statement and attached budget sheet to court - it's not essential to complete the N11M, they will accept the statement etc as your defence.

 

Remember to keep a copy for yourself.

[Ell-enn]

DO NOT put the statement through the letterbox! - you need to hand it in and make sure it is in someone's hand - I've known paperwork put in the court letterbox not getting dealt with for days and you don't have days ! So take it in tomorrow morning first thing (they should open at 10.00 am)

 

and I wouldn't put anything about the agreements being broken - also, we have already said that customers had paid late and gone bust.

 

You won't get a set aside while there are arrears - the best outcome you can get is a suspended possession order which means repossession is suspended as long as you make payments on time each month (including the amount towards the arrears), but if you miss just one payment, even by a few days, the lender can apply for an eviction order without taking you back to court.

[Ell-enn]

You can take your medical evidence and any new business contracts you have along to the hearing with you just in case they are needed.

[Ell-enn]

[if that is the case then change the budget sheet - and also the statement where your offer is shown as £100 per month towards the arrears - now needs to be £60.

 

Wait until the hearing to give details of your business trading - you might not be asked about it and there's no point in setting hares running...

 

I cannot stress how important it is to get that paperwork to court this morning - ask the court staff is there are any duty legal advisers there on Monday.

[Ell-enn]

Hi there, the hearing will be in a room which looks a bit like a meeting room (not a court room as you would see on TV) There will be the judge, a representative from the other side and yourselves. As the mortgage is in your name only, you will have to ask the court usher to get permission for your husband to accompany you, you must answer any questions the judge asks you by yourself. To be honest, it's unlikely you will have to say much, the judge will already have read your statement and will start the hearing by speaking to the lender's rep first do not interrupt the judge when he is speaking! In most cases the hearing will last 5 mins

[Ell-enn]

You addess the judge as Sir or Madam

 

Make sure you get to the court in plenty of time in case you have trouble parking

 

You'll be OK - don't forget to come back here after the hearing and let us know your good news

[Ell-enn]

The case law the duty solicitor would have argued for is the Cheltenham & Gloucester v Norgan which I put in your statement. She is also correct in that you need to make payments exactly as the court order every month and if the payment date is 28th of the month you should make your payment a couple of days before just to make sure they don't say you are late. How will you be making the payments ?

[Ell-enn]

Hi, I've just got in from work, will come back to you a little later if that's ok. In the meantime, have you got any written proof of the new work/contracts you have coming up ?

 

Below is the ling to a budget sheet which you will need to go with your N244, it calculates as you go along. Fill it in while you are waiting for me to come back.

http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=31141&d=1320168516

[Ell-enn]

Is the mortgage in joint names ?

[Ell-enn]

You will have to be able to show the court that you are able to make the monthly mortgage payments together with an extra payment each month towards the arrears - what will you be able to take to support your payment offer? - the judge will have to see something which indicates you are able to make these payments.

 

We will use the Norgan case law to support your offer.

 

How much exactly are the arrears?

How much is the monthly payment?

How long is left on the mortgage?

[Ell-enn]

The judge will be looking for something to prove you can afford the monthly mortgage and payment towards the arrears starting from now .......

 

Can you please answer the questions in my previous post

[Ell-enn]

OK, I'll check in with you first thing in the morning to see where you are at with the paperwork

[Ell-enn]

Hi, you can't send attachments by pm - but I will send you a pm now with an email address you can send it to

[Ell-enn]

Hi, affixed is the statement for court. You need to fill in the info where there are XXX's at the top (remove the XXX;s) the info you need will be on the court forms you have received. Read through it carefully to make sure everything is OK. When you print it out, your printer needs to be set for A4 paper (not Letter size) so it all stays on one page.

 

On the budget sheet - write the Claim number on the top left hand corner and Appendix 1 on the top right hand corner.

 

Now assemble as follows:

Statement – signed

Budget Sheet - Appendix 1

 

Make sure it is stapled securely together. You will need to take a photocopy of it all for yourselves so you have a set to refer to in the hearing. When you hand it in to the court ask the court staff if there will be any duty legal advisors on duty on the day of your hearing. You will need to take the £50 court fee in cash.

 

Affixed is the N244 form and below are the instructions for completing it:

 

1.Name

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

11 Sign and cross out all options except Applicant

Sign and cross out all options except Applicant. Enter your address andcontact details.

 

Many thanks, I have made some minor adjustments but other than that they are great and a tremendous help for me.

[Ell-enn]

Can you send me a pm about it ?

[Ell-enn]

Absolutely correct !