Santander “Notice of execution of possession order”

[Ell-enn]

Hi, sorry for delay in replying, I have been away for a few days.

If you have received a letter advising that the lender proposes to execute the warrant for possession then the next notice you will get is an eviction notice.   You will then have to apply to the court to have the eviction stopped but we can help you through that process.   However, the judge will need to be convinced that you can actually afford the repayments.

 

Is the mortgage only in your name?

 

[Ell-enn]

Hi,  Firstly, lets get a letter done to the lender - that way if you do need to go to court the judge will see you have tried to come to an arrangement with them.

 

Do you want me to draft a letter for you ?   You should use the budget sheet shown in the repo guide thread - it calculates as you fill it in  https://www.consumeractiongroup.co.uk/applications/core/interface/file/attachment.php?id=18014

 

I can help draft a defence for the N244 form if needed so don't worry about that (I've done hundreds).

 

Ell

[Ell-enn]

Do the budget sheet with what your new income will be - we will mention in the letter about the fact that it is a new job.  If you are in doubt about anything on the budget sheet let me know.

 

How much are the arrears ?

How much is the normal monthly payment and how much extra did you agree to pay towards the arrears each month?

How long is left to go on the mortgage?

 

I'm working at the moment but will do the letter when I get home so you can email it tomorrow - are you OK with editing Word documents ?

[Ell-enn]

I think you'd have to make payments for a while before asking to capitalise the arrears, they will want to see a good payment record.

 

How much is the normal monthly payment ?

Do you have the job offer letter yet?

 

[Ell-enn]

OK,  so the court order was for an extra 125.00 per month.  If you can manage that it will get rid of the arrears quicker.

 

I have affixed a draft letter - you need to put your address at the top right and then their address (make sure you have the right one) and also enter your mortgage account no.  If you are emailing it you also need to ensure that you are sending it to the right email address - might be a good idea to ring them and check all addresses.  If it goes to the wrong place it may never get looked at.  Attach the completed budget sheet along with the letter and also  the job offer if it comes in time to affix - if not you will have to send that separately.

 

I strongly suggest you get this letter and budget sheet  off to them today as time is of the essence - it would be better to get this sorted before an eviction notice arrives.

 

Let me know if you need anything else.

 

Nikki-niks letter to lender.doc

[Ell-enn]

OK - put in the extra amount that you think you can manage but make sure it's not less than you have been paying under the order.

[Ell-enn]

If the normal monthly payment is £458.17 and the court order was for £582.55   then the difference you are paying towards the arrears is £124.38 (I rounded up to £125)

 

If a N244 is necessary then we will mention you have a son.

 

If you receive an eviction notice you need to let us know straight away as we will be under a tight timeline to get a court hearing.

[Ell-enn]

Have you had a reply to your letter?

[Ell-enn]

Hi there - I'm working at the moment but will have a look at what we can do when I get home - just wanted to let you know I've seen your post.   Are you receiving any benefits ?  if so it may mean you won't have to pay for the N244 fee.

 

Back in a bit

[Ell-enn]

Hi this is the document explaining what benefits are applicable

/assets/static/govuk-opengraph-image-dade2dad5775023b0568381c4c074b86318194edb36d3d68df721eea7deeac4b.png

How to apply for help with fees (EX160A) - GOV.UK

WWW.GOV.UK

 

 

[Ell-enn]

this is the N244 form.  I can do a defence statement for Q.10 of the form and also give you instructions for completing it.

N244.pdf

[Ell-enn]

I'd ring the court  in the morning and check - they might need the information on the front page of the eviction notice

[Ell-enn]

ok, I'll start drafting a statement.

You'll need copies of the following:

proof of the job offers and security timeline 

Letter you sent to Santander budget sheet

[Ell-enn]

I'll draft the statement from the info you've already given then let you say if it needs anything changing.

[Ell-enn]

Hi, below are the instructions for completing the N244 and the statement to go with Q10 is affixed.  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)

 

complete the form as follows:

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 and contact details.

 

Now assemble as follows:

 

N244 form, completed and signed

Statement – signed

Copy of letter sent to Santander
Budget Sheet

Copy of new job offer
 

Make sure it is stapled securely together. You will need to take a photocopy of it all for yourself so you have a set to refer to in the hearing. When you hand it in to the court there will be a fee to pay so make sure you take the eviction warrant with you.

Ask the court staff if there will be any free legal advisors on duty on the day of your hearing – they can go into the hearing with you and support your case.

Nik Nik N244 statement.doc

[Ell-enn]

Hi,  the last part has changed slightly.

10. is correct you tick box for witness statement

11.  tick box for No

Statement of Truth - tick boxes for I Believe and Applicant  then sign and date