Bailiffs Eviction - applying for a 'stay'? Stopping Bailiffs? Form N245?

penguin83

Hi BM - the relevent form to use is Form N244 and there is a £35.00 court fee to pay unless you are in receipt of cartain benefits. You can make your application right up until the morning of your eviction but obviously the sooner you can get to court to make it the better. The court will give you a date to attend a hearing which will be before your eviction date and it will ultimately be the judges decision as to whether he will allow you any further time.

Give your county court a ring - most of them have local solicitors that will help you free to complete your forms and even represent you at the hearing. Below are some linkies to the forms you need.

N244 - Application Notice

EX160a - a guide to fee remissions.

EX160 - application for fee remissions

You may also find some further information from Community Legal Services

CLS Direct

blue_monkey_2

Hi everyone and thanks for the advice.

This has been a long journey - some of you might remember when it started and when she asked us to leave but to answer a few questions.

TH - The council will house us but there is nothing available for us at the moment at all. Because of my sons condition we have to have a 3 bed house with a garden. This is on their doctors say so, I said I would take a 2 bed with 2 receptions and turn one into a bedroom but weare not allowed to. So we are waiting for people to move somewhere smaller or (sorry) die as we have a large population of elderly people who have 3 bed houses in the district. Staying here until we are forced out by the bailiff means we are unintentionally homeless, if we leave before then we have made ourselves homeless and the council will not house us. Once we are homeless if there are no houses available then we will go into a hostel.

Don't worry I have made sure I know what is going to happen, I have had to because of my son and I am fighting for my childrens sake here.

I think the issue more is that once they fill out that 'homeless' application we become another statistic and they do not want that, but if the worst happens we will go into a hostel, I am happy with that, somewhere is better then nowhere.

Fred - your guess is as good as ours, if we are not properly removed by the courts then the council have no obligation to house us as we have made oursleves homeless. So if we stay until the house is sold she will still have to remove us via the courts - and so far it has been 6 months since she asked us to leave. Has she a buyer? No, but that is her problem once we are gone.

I have no problem in asking for a stay as it gives us more time for a property to become available and thus avoids us going into a hostel. What will be will be!!

We khope to have the points situation in control but also we have our MP working with us too, we have correspondance from them to him which - if we need it - is going to be very useful

I have a REALLY long thread running that I started in November, I cannot believe it has been that long, but if anyone is interested http://forums.moneysavingexpert.com/showthread.html?t=676147 The last 4 pages will give you the jist on everything up to date!!

Can I just say that we are just the start of many more threads like this. We are unable to rent, if we could get past the credit checks (which we can't) they require us to be BRINGING home 3 times the rent, average rent on a 3 bed around here is £900 at the moment!! My husband works but it is too much to claim anything, too little to rent or buy!! And he is an average paid worker.

Penguin, all that information is perfect, thank you! x

neas

how long has the mother wanted to evict you? How long you stayed there again? Maybe you got squatters rights lol :P

Hows your relationship with your mother-in-law? Can't you ask her to stay?

Maybe you can trash the place also... to show her.

Or has it been rent-reduced for many years?

blue_monkey_2

Neas, it is a very long story, check the link. We have been here 10 years while she lives elsewhere, it is not my mother in law, she lives in a one bed flat in another part of the country. I would not dream of trashing the house, I believe everything is for a reason and now is the right time to go.

She does not make any money from us, we moved in after the house has been flooded and she had no insurance. We offered to live here and do it up for her and we covered all costs and pid her mortgage else she would not have been able to afford to keep the house. We have refitted the kitchen, rewired, pu a new bathroom in, put new ceilings in, done the loft out as a huge room, redocorated through - it was a shell when we moved in, but this is where all of our money went. It was a HUGE shock when she asked us to go as 4 months previously she had signed a new 10 year fixed rate an we kind of thought that we were here for the next 10 years at least.

It is very clear she does not want us here and we are in the way. We have ceased the maintainance on the house and are making sure things like OD and credit cards are clear as we have to get furniture and carpets when we eventually get housed.

Yes, we got squatters rights I guess, but this is why the bailiffs are coming. As I say, it is a very long story, it has been a long journey and my son has been diagnosed with his ASD in this time, it is stress I can do without. BUT, once we go we know that we will have our own front door, wher we are now people come in and out as they please as it is not 'our' house and we cannot say no.

Everything is for a reason, we will find ours sooner or later, but I am sure that it will be fore the best when we get to the end of the road.

notisis

Hi Bluemonkey

Best of luck and I hope everything goes well. I know you don't want to be bitter but I do think that yes you're mother has made money out of you! You said that she couldn't afford to pay the mortgage and do the house up after a flood as she had no insurance. You moved in (ok it may have suited you at the time), did the house up and paid the mortgage for her. Without you doing this I think your mother would not have a house to sell right now.

I do hope she realises this and that at some point your fortunes will change for the better. Mind you been there, done that as a child in a similar situation with my parents and grandmother. Yes we survived in a couple of rooms of council emergency accommodation for a year (all 5 of us) until we moved into a council home. And no unfortunately my grandmother never felt the slightest bit of guilt and left all her (considerable) fortune to my aunt whilst still expecting my parents to run around after her.

Best bit is at least my family are fairly happy whilst my grandmother and aunt were not and are not, so what goes around comes around!

Sorry for the ramble and I do hope the council find you a decent house without you having to go into temporary accommodation. I'll be thinking of you.

blue_monkey_2

Hi notisis,

Yes, I know, I was really angry to start with and really hurt - especially it was just as the start of my son getting the extra help and diagnosis. She has said before she will give us something, now she has made it clear we won't - although I would like to think she might give us something for what we have put into it. However, I am not holding my breath and then I cannot be disappointed, can I. The first month or were very hard, I will not lie about that and we did feel very angry - more so because if we, like everyone else, had thought about ourselves then we would not be where we are right now.

We hope that this is the start of getting back on our feet. We have hada tough few years and I am sure this is the end and the start of something new and good for all of us as a family, someone else said, when you get to the bottom the only way you can go is back up!! I have now started to look on this as a positive thing. I was worried about the hostel but since speaking to my health visitor she mde me realise that it will probably be full of families like us and the kids will have a lot of fun with the other kids over the summer. Who knows. But you have to make the best of what happens and worse things happen at sea - as they say.

Thank you for your thoughts and best wishes, they are much appreciated. x

clutton_2

do you know that the Local Housing allowance which has just replaced Housing Benefit has meant that in quite a few areas the amount of money you will now get directly from the council for your rent will be a lot more than the old Housing Benefit rates ? there should be a list on your local councils website - good luck

blue_monkey_2

Thanks clutton, I had heard about it but our rent islow now so we never really bothered about it before. I think we will qualify when we go into a hostel but will not when we finally get housed. We are going to try though - you don't apply then you never know, do you.

blue_monkey_2

Loretta wrote: »

Hope you are OK I have been wondering what was happening

Hi Loretta,

Ah, you are still here. I thought you had left beause all of my emails from you disappeared and I had not seen you for a bit Strange.

Yes, we are fine thanks, nearing the end though How is everything your end? PM me if you want, I don't know why but all those emails you sent me just diappeared from my inbox. Every single one. Spek soon. C x

neas

hmm i initially thought from the sound of your first post that you were being a 'spoilt brat'..

But seen as you helped her pay mortgage and do up house its not on her kicking you out. You've invested alot of money in the house not nice your mother is doing this. Does she really need money?