Mortgage arrears - Eviction date set

[Cally12]

Hello

I really need some advice. I have been given an eviction date from my mortgage lender as we are in arrears and have failed to keep to an agreement. This eviction is set for the 10th of March, we only received the notice a week and a bit ago. I have filed an N244 application to try and delay the eviction. I just don't know if it will be successful and as this hearing is set for the 8th it would be cutting it very fine.

I have written in the N244 that due to my wife's medical condition we desperately need more time to find accommodation. She has an chronic back/spine condition and struggles to do normal day to day things and mobility can be an issue at times. She is also being treated for a heart issue and has to have her liver scanned at the end of March for a separate issue. We have approached the council and have been put on the list for "suitable housing" closer to our grown up Children.They need to help her when I am at work or working away. This all takes time! I have also asked if we can have time to sell the house ourselves but not sure if this will be allowed.

Does anyone have experience of these hearing and if this could buy more time?

I am totally lost............

[Ell-enn]

Hi, have you actually submitted the N244 ?

 

Are you able to make any monthly payments ?

[Cally12]

Hi,

Yes I have submitted the form and been given a date for a hearing.

 

Probably should have asked someone for help with the form.

 

I think we can make the monthly payment. Problem I have is that if I make the monthly payment (which is due about now) I won't have enough money to get any other accommodation should we be evicted next week.

[Ell-enn]

Could you write on here what you put as a statement on the N244 (i.e. your reason for asking for eviction to be stopped).

 

Did you quote the Norgan case law or Administration of Justice Act ?

[Cally12]

I will copy it out as soon as I get home, which will be in the next hour or so. Thanks so much for your reply.

 

No I did not quote either of those....

 

I did speak to someone on the phone from CAB this morning (I made an inquiry last week and they rang today) who said that both reasons for asking for a delay were not great and good luck.

 

This is starting to sound like I have made a mistake with the application.

[Cally12]

What we put onto the statement part of the N244:

 

"We have an eviction date set for 10th March 2016. We understand that we have failed to keep to an arragement for repayment of mortgage arrears and that the Yorkshire Bank are entitled to claim possesion but we respecfully ask the court to delay this eviction for a period of at least eight weeks for the following reasons:

My wife (Mrs xxxx xxxxxxxx) suffers from several medical conditions which makes find suitable accomodation in such a short time span very difficult. xxxxxx has a chronic back condition which, at times, makes mobility very difficult. She is also currently being treated for a heart issue and is also due to have a liver scan in March 2016. I have attached some documents as proof of these conditions.

We would also like time to prepare and sell the property. This would give the mortgage company the very best chance of a full return of the money loaned and ensure that our debt to them can be discharged. I anticipate that this may take upto three months but house in this street are sought after"

 

Now that I read this through it doesnt look great. Desperate for advice on what we do now and at court.

Thanks

[Ell-enn]

It would be a good idea to take an updated statement along to the court on the day of the hearing - I can draft something for you if you would like ?

 

Need some info:

 

Is the mortgage in joint names?

Can you afford to make the monthly payments plus a little towards the arrears while you are selloing the property?

[Cally12]

A statement would be great if you could.

Yes the mortgage is in both names.

 

the mortgage is currently £600 per month but that includes £164 that is for arrears. We could afford to pay that, certainly while the house is for sale.

 

The mortgage still has another fifteen years to go so if we kept to the £600 the arrears would be cleared within approx 6 years.

 

We are on the council list for a property nearer our grown up children this is so they can help out and stay over when I have to work away ( we do have our 22 year old daughter living with us but she works odd hours).

Problem is the local authority want to ensure that the housing is suitable for her and that will take longer than a straight forward allocation. Some days she seems fine (never great) but others she needs help. She also has a PIP application currently ongoing.

 

She/we are so desperate and devastated.

[Ell-enn]

Hi, I will draft a statement for you in the morning. Can you please complete the affixed budget sheet (it calculates as you fill it in), you will need to give the judge the budget sheet along with the statement so he can see you are in a position to pay the mortgage plus an amount towards the arrears.

 

Do you have a printer at home and are you OK with editing Word and Exel documents ?

Budget Sheet.xls

[Cally12]

Thanks

I can print and edit

 

Thanks again

[Ell-enn]

OK, will catch up with you in the morning.

[Ell-enn]

What was the reason for missing the payments?

[Cally12]

various reasons. Primary was that We had borrowed from a family member who demanded payback (which was only fair as they needed it back quickly) this is now fully paid off.

We originally got into trouble when my wife had to stop working. Unfortunately she isn't going to be working again as her condition will not get better, only worse.

[Ell-enn]

Hmm, just wondering how to put the reason in your statement - the judge will want to know. If you got into trouble when your wife stopped working and she is still not working how are you going to be able to make payments? does your wife receive any benefits ?

[Cally12]

She has an PIP application in but I am unsure how that goes. We have not claimed anything as I am working and she has only been properly diagnosed within the last few months.

I will speak to her this afternoon (I have had to go to work and spending the day with the boss )

[Ell-enn]

Have you done the budget sheet yet?

[Cally12]

Hi

We have attached a budget sheet please let me know if this is okay?????

 

Another thing that I wasn't clear on is that our younger daughter has moved back in with us (in Feb) just before we received the warrant (granted on the 9th Feb we received it on the 20th Feb for eviction 10th March). She has agreed to pay us £250 per month which would help us a lot.

 

I did speak to both the Bank and their legal people today. The previous time that I spoke to the bank they indicated that they may be open to an "arrangement" 1) access to the estate agent (once appointed) 2) any payment must be made in cash at the bank 3) medical evidence of my wife's condition 4) We must make an application to the court.

Today they more or less said go to court and good luck.

 

CAB were not useful tbh they said that if the property wasnt already on the market then it would not be considered and come back and see them if we get evicted (more like when we are evicted!). Tuesday is going to be terrible.

 

We had to pay off a 3000 pound loan from family member (actually my mother) as they needed it asap (ceiling collapsed, turned out to be a wooded lintel that gave way) but we still owe 400 on that. We also paid out another 200 at new year for a boiler repair. I know it is stupid to sacrifice mortgage for these things.

Budget Sheet (1).xls

Edited March 4, 2016 by Cally12
additional info

[Ell-enn]

Does the wages figure in step 1 include the contribution of 250 from your daughter? if so - you need to show that separately so the judge knows where the total income is from

[Cally12]

No it's not included as we have not had that yet but its due. Should I just add it to the wages total?

[Ell-enn]

No best not to add it in as it will them show you have another 250 to spare so they will want that towards the arrears. Can you prove your income if need be ?

[Ell-enn]

How long ago was the repossession hearing? and what were the arrears at that time ?

[Cally12]

yes I can prove it with wage slips?

[Ell-enn]

OK, that's fine. Affixed is the statement to take to court. You need to fill in the boxes at the top with the case number, name where there are xxx's (obviously remove the xxx's). Read through the statement carefully and put the name where there are xxx's also.

 

On the budget sheet write your names and case number at the top.

 

Print off 3 copies of each, sign the statement and staple a budget sheet to each copy of the statement.

 

Get to the court early and ask the court clerk if it's possible to put a copy of the statement in the file for the judge. If they can't do that, once you are in the hearing wait for the judge to finish his introduction and then say "Sir (or madam), may I give you an up to date statement" and then just hand it over, hand one to the representative for the lender at the same time.

 

Also, if there are any duty legal reps at the court - approach them and ask for their assistance, they can accompany you into the hearing and support your case.

Cally12 Statement for Repo Hearing.doc

[Cally12]

Great I will print this off straight away. My wife thinks we may be able to get a free legal consultation on Monday so hopefully that may help.

 

Will the house not actually being on the market yet make a big difference? We did not get the notice until a week and a half ago and me having to work full time and my wife not able to do a lot I have only has a couple of days to sort the house out.

[Cally12]

Thank you so much again