How to stop an eviction after a repossession hearing

This video shows you how to fill in court form N244 if you are facing mortgage repossession by bailiffs.

You can use form N244 to ask the court to stop the bailiffs evicting you if you know you could pay off your arrears over time in monthly instalments.

Before you start, work out a repayment plan.

You need to show the court how much of your mortgage arrears you can pay back each month.

Write down your income and spending, so that it shows how much you can pay towards the arrears on top of your monthly mortgage payment. This is called a financial statement.

It’s important to do this, because the court needs to see that you can pay your arrears back if they’re going to stop the bailiffs.

Search “Shelter - how to pay off mortgage arrears.” You will find a page called “how to pay off mortgage arrears.”

The page has a financial statement template that you can fill in to show how much money you get and how much you spend.

Be realistic about how much you can afford to pay each month.

It’s a good idea to look at your past bank statements to check how much you spend on things.

If you can’t write your financial statement in time, take as much information about your income and expenses as you can to show the court duty adviser on the day.

How to fill in form N244.

Have your N54 Notice of Eviction ready.

Start at the top right hand corner of the N244 form.

Fill in the boxes which say:

Name of court: write the name of the court your hearing is at.

Claim number – this is on your notice of eviction.

Leave the “fee account number” field blank.

You can pay the court fee on the day, or online.

If you need help to pay, you can apply for help using Form EX160. You can do this before or after your hearing.

This link shows you what to do: https://www.gov.uk/government/publications/apply-for-help-with-court-and-tribunal-fees

Warrant number: This is also on your notice of eviction.

Claimant’s name. This is the name of your lender who is repossessing your property. Their name should be on your letters from the court.

Defendant’s name. Write your name here. Make sure that you write it the same as it is on your bailiff’s notice.

Date: write today’s date but next to the date box, write “Warrant due to be executed on” and put the date the bailiffs are coming.

Now you can go onto the main questions.

Question 1: What is your name?

Write your name in this field. Make sure it matches the name on the bailiff’s warrant.

Question 2: Are you a:

Tick the box which says "defendant."

You can ignore the other boxes.

You can also ignore this box, because it is for people who are legal representatives.

Question 3: What order are you asking the court to make and why?

This is the box you use to tell the court that you want them to stop the bailiffs coming.

Write this text in the Question 3 box:

'I ask the court to suspend the warrant for possession due to be executed on [write the date that the bailiffs will come]. I can meet my contractual mortgage payments and offer [write the amount you can pay each month] each month towards the arrears.”

Question 4: Have you attached a draft of the order you are applying for?

Tick “No” for this box.

Question 5: How do you want to have this application dealt with?

Tick the “at a hearing” box.

You can tick the “at a remote hearing” box if you would rather have an online hearing. For example, if you are disabled and would find an online hearing easier.

But we usually advise people to go the hearing if they can. It might be more difficult to get things like help before the hearing if you have a remote hearing. And there might be technical problems with online hearings.

Question 6: How long do you think this hearing will last?

Just write “15 minutes” here. The length of your hearing might change on the day.

Is this time estimate agreed by all parties? - Leave this box blank

Question 7: Give any details of any fixed trial date or period

Leave this box blank

Question 8: What level of judge does your hearing need?

Write “district judge” in this box.

Question 9: Who should be served with this application?

Write “claimant” in this box. The claimant is usually your mortgage lender.

It’s a good idea if you can write their name and address in this box. You should be able to find their details on the claim form.

But don’t worry too much if you can’t find the details.

If you can’t find your lender’s address, just write “as on claim form.”

Question 9a: Please give the service address (other than details of the claimant or defendant) of any party named in Question 9.

You can leave this box blank.

N244 FORM: PAGE 2

Question 10: What information will you be relying on in support of your application?

Tick the box which says “the evidence set out in the box below.”

This big box is where you tell the judge why you should keep your home.

Start by writing down what has gone wrong and led to the bailiffs coming.

Say why you broke the terms of your original agreement. For example, the reasons why you didn’t stick to a repayment plan.

The reasons might be things like:

- you lost work

- you had health problems

- you had to pay a big bill for something that you weren’t expecting.

Write down if there are any major things in your life that you think the court should know about:

For example:

- you or a family member is going to have surgery

- someone in your family is going to sit major exams

- you need to keep your house because it has been adapted for a disabled person

Then write why you can pay your mortgage and arrears now.

For example:

- what you’ve done to make sure that you can keep up with your repayments this time

- anything which has made your money situation better. For example, if you got some inheritance money or you started getting benefits

Send your financial statement in with your form N244 if you can.

There is usually a duty adviser at court on the day. They can look over your financial statement.

N244 FORM: PAGE 3

Question 11: Are you vulnerable or is any witness you will bring to court vulnerable?

You can use this page to tell the court if you have extra needs, or if anyone who is coming to support you, has extra needs.

Tick the “Yes” box if this is the case for you. Then, write down information about the extra needs.

For example, if you or the person who is coming with you is disabled and you want to make sure there is a ramp to get in and disabled toilets.

Another example could be that you have mental health issues that you want the court to know about.

N244 FORM: PAGE 4

Statement of truth:

This is the page you sign to let the courts know that everything you put on the form is true.

Tick the first box – which says “I believe the facts stated in section 10 (and any continuation sheets) are true."

You don't need to tick the second box.

When you’ve done that:

Sign the form where it says “signature.”

Check the "applicant" box.

Write today's date in the “Date” fields.

Write your name as it is written on your bailiff’s warrant in the box which says Full Name.

You can ignore the last 2 boxes on this page.

N244 FORM: PAGE 5

This is the last page of the form.

In this first part, fill in your address, postcode and phone number in the boxes.

Ignore the fields which say “fax number” and “DX” number.

Ignore the ”your ref” field.

Now you have completed your N244 form, ready to submit to the courts.