Acenden repossession court order

[Ell-enn]

Hi Indistress, you need to apply to the court to suspend the warrant for eviction. What date is the eviction set for? What are you able to offer as a payment arrangement?

 

Kind Regards

 

 

Ell-enn

[Ell-enn]

If you are able to make an offer of payment each month towards the arrears I can see no reason why the court would not grant a further suspension. You need to fill in an N244 form and I can help you with that. You can download the form at Her Majesty's Courts Service - Home

Select Forms and Guidance from the menu on the left hand side and then enter N244 in the box. When you have downloaded the form let me know and I'll walk you through it. The most important part is Part C which is what the judge will use to make his decision.

 

Do you have a copy of the budget sheet you did for the lender? you will need to attach one to the N244 to show you can make the payments you are promising. The fact that you have 2 young children at home will carry a lot of weight with the judge, so try not to worry too much.

 

Kind Regards

 

Ell-enn

[Ell-enn]

Hi, yes you should make the payment on the 1st July as this will look good to the court and show you are committed. You need to download a budget sheet here: National Debtline England & Wales | Personal Budget Sheet

 

tick monthly and Windows boxes.

 

You will see in the income section there is a box for partner's income. When you fill it in make sure you don't underestimate your expenditure - it's better to err on the high side in case things increase in the next few months, or you have an unexpected expense.

 

Ell-enn

[Ell-enn]

Do you have a solicitor? it would be helpful if they accompanied you - if you can afford it.

 

I filled a budget sheet today as I went to CAB to see if I could get advice and I went prepared but they couldnt help

 

Why couldn't they help? :o

[Ell-enn]

Yes, will do - as usual.

[Ell-enn]

Hi there, if you give me 15 minutes or so I'll draft a statement for Part C of the form. Also, ring your local court in the morning and ask if they have any CAB representatives in attendance, a lot of courts do and they are invaluable - they will come in to the hearing with you and support you. Sometimes there are solicitors from law centres at courts too who will accompany you.

JonCris is right, it's unbelievable that CAB can't offer help with your situation and as he says ring another one in the area.

 

Back soon.

 

Ell-enn

[Ell-enn]

Hi this is a draft of the text for Part C:

 

 

I respectfully request the court to consider the following when hearing the claim for possession.

 

 

• The current arrears arose as a result of my being unable to work due to suffering post natal depression following the birth of my daughter.
  
• A payment arrangement to clear the arrears was agreed with the lender by telephone on 11th June, following a review of my income and expenditure with them. Bank details were given in order to set up a new direct debit.
  

I was distressed to then receive a letter dated 13th June from the claimant’s solicitors advising that an eviction order had been sought.

 

• I am confident that I can maintain my offer of £100 per month in addition to the normal monthly payment of £xxxx (please see affixed income and expenditure statement – Appendix 1).
  

When considering my offer of payment towards the arrears I respectfully ask the court to take into account the case of The Cheltenham & Gloucester V Norgan.

 

• A payment of £xxxx which includes £400.00 (is this correct) towards the arrears will be made on 1st July 2008.
  
• There are two children aged 7 months and 12 years resident in the property.
  
• I assure the court that I am committed to reducing the arrears in order to maintain stability for my young family.
  

............................................................................................................

 

On the budget sheet write the claim number on the top left hand corner and Appendix 1 on the top right hand corner and staple to the N244. Make sure you take a photocopy of the form and attachment before taking it into the court.

 

Front page of the N244 - boxes top left:

1. you should tick at a hearing.

2. estimate time for hearing ...10 mins

3.isthis agreed by all parties. tick no

4. give dates of trial...no trial.

5.level of judge...district.

6.parties to be served...both..

 

 

Part A: cross out (we) then cross out other options to leave Defendant.

Cross out (a draft of which is attached)

that - suspends the order for eviction.

because - I am in a position to make regular payments to clear the arrears.

 

Part B : tick the box for evidence in Part C

 

When you have made the payment on 1st July make sure you have a receipt (bank statement etc), you can then take that to the court with you on the day to prove payment.

 

Any questions, just shout:)

 

 

 

 

Ooops, a couple of the paragraphs have moved to the left when I copied the text over into the post:

 

Paragraphs starting "I was distressed" and "When considering my offer" should sit under (in line with) the paras above them.

 

You can copy the text from the post and paste it into the N244 you have downloaded, you just need to print it out then.

 

Kind Regards

 

Ell-enn

[Ell-enn]

Yes, put both. Sorry, I've just realised that the form has been changed in the last month,

 

2. Defendant

3. Suspend eviction order

4.No

5. At a hearing

6.10 minutes

7. No

8.District

9.Both

10. Evidence in box below

 

Ell-enn

 

In Part 10, if you can't fit all the text in the box (probably won't fit) put it on a separate sheet and write your name top right and case number top left.

 

Ell

[Ell-enn]

10. You sign the statement of truth - so you chose

I Believe on first line

Applicant underneath signature,

then full name underneath that.

 

11. your signature

Applicant

your address details.

 

Ell

[Ell-enn]

That's good - I'm sure it will be fine. I have been involved in helping people in a much worse situation than yours, and with much higher arrears, even on the day eviction was due to take place, and they have kept their homes. You have an income which will support the payments, and young children and it would be a very, very unusual for a judge to award possession in your circumstances.

 

Take the forms to the court as soon as you can and you should get a hearing within a few days - the court staff will probably give you a date there and then.

 

Stay positive - and stay in touch:)

 

Kind Regards

 

Ell-enn

[Ell-enn]

Hi, there is no reason why Honey can't accompany you - you are allowed to have support.

 

The process is not as intimidating as you might think, it will be held in a private room with just the judge, a representative for the other side and yourselves. As you are making the application the judge will hear your side first, if you have to address him/her it is Sir or Madam. He/she will realise you are nervous and guide you through the process.

 

When you have made your payment on 1st July get a bank statement to show that it has been made and copy it to take to court. We can then draft an up to date statement for you to take with you to court.

 

Stay positive.

 

Honey, that is a very kind offer - I'm sure it will go OK.

 

Ell

[Ell-enn]

Ellen Ive sent you a message Thanks

 

Ermmm not got any message yet - but I understand congratulations are in order!!

 

Well done you - and Honey - for being so brave - I know how nervous you were and I bet you're glad it's over now

(told you it would be OK )

 

 

Ell-enn

[Ell-enn]

The eviction was suspended

[Ell-enn]

Hi there, as there is no eviction warrant yet, your best action would be to make payments as you have proposed in your letter. If they do go for eviction we will defend as we did last time. I assume you have the printed signed for receipt for the recorded delivery and a copy of your letter? we will need them to prove you have tried to come to an arrangement.

 

Just a few questions: are you saying your normal monthly mortgage payment is £100 and you are offering a further £100 on top of that towards arrears? i.e. £200 per month?

 

If you do a budget sheet does your income and expenditure show that you can afford that payment?

 

Try not to worry too much - I am sure we can defend this OK, given your circumstances.

 

Kind Regards

 

Ell-enn

[Ell-enn]

Do you have the red recorded delivery stub from the post office? If not, not to worry. When did you last make a payment and how much & when are you next making a payment.

 

Ell

[Ell-enn]

When is the next payment due?

 

Ell

[Ell-enn]

Ok, make the next payment on the 15th as per what you have proposed, that way if we have to go to court you an show you have kept to what you said.

 

Ell-enn

[Ell-enn]

Good stuff - when you get a chance to get on to the royal mail website, check for the signature and print it off - then keep with the copy of the letter - we'll use that in our defence statement.

 

Keep me informed of what's happening

 

I'm sure we can get a suspension on this, so try not to worry too much.

 

Ell-enn

[Ell-enn]

Hi there, depending on how busy the court is will depend on when the bailiff delivers the eviction warrant. It could be anything between 2 and 4 weeks after that.

 

Do you know when you will get your redundancy payment?

 

Ell-enn

[Ell-enn]

Hi there, you will not be evicted in a week. You would have to have received an eviction notice first, which usually gives between 2 and 4 weeks notice of the eviction date. Just wait until you have received the money to pay the arrears. If you receive a notice before next Friday we will deal with it then.

 

Ell-enn

[Ell-enn]

Yep, you should be OK. Hope you find another job soon

[Ell-enn]

Hi, if you mean should you pay the full arrears then Yes- definitely! The last thing you need is to have to go to court to stop eviction and let them know you are redundant - they might start panicking about how you are going to pay the mortgage going forward.

 

If you get rid of all the arrears now, the eviction will be stopped and you have some breathing space until you get another job.

 

Ell-enn

[Ell-enn]

If you pay off the total arrears Capstone will have to cancel the eviction warrant and you should then apply to the court to have the suspended possession order cancelled too, but we'll deal with all that once the arrears are cleared.

 

Ell-enn

[Ell-enn]

Hi there, if you pay all the arrears off you cannot be evicted.

 

Once you have paid the arrears on Friday you must ask Capstone to cancel the eviction order and confirm they have done so in writing.

 

You then need to phone the court next week to check that it has been cancelled. We'll take it from there - try to stop worrying so much, you will soon have the money to sort this out. We are always here to support you - please stay positive. If you have no arrears Capstone have no case!

 

Kind Regards

 

Ell-enn

[Ell-enn]

Hi there, give them until the middle of next week to confirm in writing, if you don't get anything ring them up again, but also ring the court and ask if the warrant has been cancelled.

 

Let us know what happens next week.

 

 

Ell-enn