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Joshua
Joshua, Lawyer
Category: UK Law
Satisfied Customers: 24527
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I want help to fill out a N244 form to stop my home eviction,

Customer Question

I want help to fill out a N244 form to stop my home eviction, as I am in ill health and have an operation(surgery) on the 28 September, the eviction is scheduled for the 6th. Am able to make this month(september payment), until I am better, how do I get the eviction stopped, I am a 73 years old age.
Submitted: 2 years ago.
Category: UK Law
Expert:  Joshua replied 2 years ago.
Welcome to JustAnswer! If you've any queries once you've read my answer do ask. When satisfied, kindly click the Green ACCEPT button.

What kind of help specifically do you need please?
Customer: replied 2 years ago.
I want help to fill out a N244 form to stop my home eviction, as I am in ill health and have an operation(surgery) on the 28 September, the eviction is scheduled for the 6th. Am able to make this month(september payment), until I am better, how do I get the eviction stopped, I am a 73 years old age.

 

Optional Information:
Province/Country relating to question : UK property law

Already Tried:
I have tried to get the lender to restructured the loan, it a subprime lender, they refused the monthly payment is £3700 no where near my £1000 monthly income. the last hearing was rejected by the judge, and order the eviction to go ahead as I have not make any payment, but the lender told me to pay £7000 a month so they will stop the eviction in JUNE, as a friend paid they stopped, the friend then wanted to buy the property off me cheaper when I refused the friend recall their money, so the lender put in this current eviction for the 6th,I got my surgery date yesterday which is the 28September, How can I ask the judge to stop the eviction. as I am about to put in an emergency hearing form what do I write on it, as I am currently looking for a property lawyers to represent me at the hearing

Expert:  Joshua replied 2 years ago.
  1. How many months in arrears are you?
  2. Do you have a credible plan whereby you can make up the arrears and if so over what period?
  3. Are you able to attend the hearing?
  4. Can you summarise the reasons you have justifying your request to stop eviction?
Customer: replied 2 years ago.

1 .The arrears are culmunation of £3157 plus their agents charges, solicitors fees, is since September 2010, and I paid £1700 on August 11th and I am about to pay this month payment of £3158

 

2. My son who promised to make the payment of the arrears of £3500 a month has travelled around the world and will be back on November 26th and will pay the £3500(£24500) to bring the arrears up to date, then continued paying the £3500, from November 2011 to September 2012.

3. Not at present as I cannot control my wee, so I would like to send my partner and my 17 years old son and a solicitors that I am still looking for to represent me.

4. i can't summarise that is the reason why I am asking for your expert advise.

Expert:  Joshua replied 2 years ago.
Thanks. Three final questions then we should be there:

  1. Is eviction scheduled for the 6 Sept or 6 Nov?
  2. Has the possession order already been granted and it is the warrant that is scheduled for the 6th or is a hearing to determine the possession order to be held on the 6th?
  3. Is there no way your son can transfer monies to allow you to pay off the arrears earlier than when he returns? If not do you have a letter or evidence from him confirming that he will make this payment together with proof of funds?
Customer: replied 2 years ago.

1. the eviction is for the 6th September

 

2. the possession order was granted on 9th July 2009, whilst I was paying £100, a week on the orders of one the managers of the lending company, and without warning this manager just initiated the possession order hearing which I attended without legal representation as I was not aware of what to do at the time, before that hearing i also paid the monthly payment of that month of the 9th of July 2010, so without legal representation the subprime lender was granted the possession order and the judge said I must pay £400 on top of the £3158 monthly payment. the lender has since changed their solicitors this year in June 2011 just before the last eviction date of June. When I ask for the lender to bring pre-action protocol, before they started the possession order in 2009 they did not bring it, the judge just granted them the eviction on June which like said before was stayed when my son stepped in

 

3. Sadly no way for my son to transfer the monies as the account in which he hold his saving has to be access only through his presence at the bank, I can get him to send me a written letter confirming that he will make the payment on his arrival in November but not the proof of funds as he had to be at the bank in person to access that his saving account

Expert:  Joshua replied 2 years ago.
Thanks. You will need to state reasons on the application as to why you are seeking the application. Your application is to suspend the warrant and suspend the possession order.

Your reasons will be that you have complied with all your promises of payment nd have made substantial repayments in respect of the arrears and can pay off the arrears on [date] and you attach evidence of proof of funds and a letter from your son indicating that he will make payment and why it cannot be made sooner and ideally a statement from his bank confirming he has funds.

In addition if you are able to make any payments yourself now, offer them as this will help. You will need to explain that you are involved in surgery and when you can and cannot attend court but that you would like to appoint another as your litigation friend to attend court on your behalf.

There will be a £75 fee to pay with your application.
Customer: replied 2 years ago.
Please can you help as the answer is like the question, I need help with the N244 what to write on it.
Expert:  Joshua replied 2 years ago.
I will be happy to give you an example of how the form should be completed and draft an application for you. Please kindly click ACCEPT. I shall continue to assist with the above without charge.

Kind regards
Customer: replied 2 years ago.

Please go ahead and draft the application for me on the basis of the facts that I have told you, As I need to take it to the court for the emergency hearing.

 

Thanks

Expert:  Joshua replied 2 years ago.
Shall do. Please kindly click ACCEPT. I will draft the application by return.

Kind regards
Joshua, Lawyer
Category: UK Law
Satisfied Customers: 24527
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Joshua and 4 other UK Law Specialists are ready to help you
Customer: replied 2 years ago.
please can you send me the draft application N244
Expert:  Joshua replied 2 years ago.
Thanks. Here is an example of how the N244 should be completed:

http://www.stop-repossessions.org.uk/n244_example_form.pdf

In box 2 cross out "a draft of which is attached" and then write "To suspend the warrant for possession dated [date] and suspend the possession order dated [date]"

In box 3 write "The claimant has complied with all promises of payment and had made a payment of £3158 on [date] to substantially reduce the arrears. The claimant is with the assistance of his son able to pay a further sum of £[amount] on [date] which will further reduce the arrears to£[amount]. The claimant attaches evidence of his sons intent together with proof of funds.

The claimant is able to subsequently pay the sum of £[amount] each month which will keep the account in order and the Claimant attaches proof of income / funds to evidence his ability to pay such sums.

The Claimant wishes to continue live in his home and has resolved to take substantive action to both repay the arrears within the above timescale and thereafter to ensure payments are made so as to keep his account in good order.

The Claimant is currently undergoing surgery and is accordingly unable to attend court until after [date]. The Claimant accordingly applies to appoint [name] as his litigation friend in this case."

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