hi i need some urgent help and advice pls due to be evicted

[vint1954]

Re: hi i need some urgent help and advice pls

The wording of that Order implies that the OP did attend the hearing. Could the court have got that wrong, and do you keep a diary to prove where you were on that date if not in court? If there was a hearing there should be a transcript available which will confirm either way.

That is only one of the reasons to apply for a suspension or variation to the order.

The application needs to be on an N244 I beleive. Shelter or CAB should be able to advise.

If there is another eviction problem imminent, that technically means that the order has been broken, that is the OP is in arrears.

I think that the OP really needs some professional advice, urgently. Paul is very buissy at the moment. Have you tried Shelter for such?

[PlanB]

Re: hi i need some urgent help and advice pls

im not sure where i was on that date but 100% sure i was'nt in court nor have i ever been for this case

Does the address on that possession order match the address you were actually living at on that date in 2009, because that is where the summons and hearing date/court papers etc would have been sent 8 weeks before giving you the opportunity to file your defence?

[PlanB]

Re: hi i need some urgent help and advice pls

Hopefully the court records can confirm your absence for you. Perhaps those words on the order were a mistake by the admin team who type up the Order after the hearing based on the DJ's handwriting and/or a transcription on a CD of the hearing

When Shelter refer you to a solicitor to defend an eviction they normally provide their services free and/or you could be means tested for Legal Aid

[jimmyq]

Re: hi i need some urgent help and advice pls

The wording of that Order implies that the OP did attend the hearing. Could the court have got that wrong, and do you keep a diary to prove where you were on that date if not in court? If there was a hearing there should be a transcript available which will confirm either way.

im not sure where i was on that date but 100% sure i was'nt in court nor have i ever been for this case

[PlanB]

Re: hi i need some urgent help and advice pls

on the 20th april 2009, district judge hickinbottom at the county court (not exactly what it says has full adress etc)

upon hearing the solicitor for the claimant and upon hearing mr bloggs(me) in person
and upon mrs bloggs(my wife) no attending

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this is what it says on the copy of order for possession i recieved from the courts

where it says upon hearing me in person i did not go to court nor was i aware of this to be honest ??

The wording of that Order implies that the OP did attend the hearing. Could the court have got that wrong, and do you keep a diary to prove where you were on that date if not in court? If there was a hearing there should be a transcript available which will confirm either way.

[jimmyq]

Re: hi i need some urgent help and advice pls

Anything that threatens the roof over your family's head needs advice from a qualified housing lawyer. I've posted Shelter's contact details on here earlier.

Have you actually received another Warrant for Eviction with a date, because if you have then you really should go to a solicitor who specializes in housing law a.s.a.p.

thats the problem mate i cant find a decent solicitor whos dealt with cases like this before. Was told Paul is good but hes busy as yet. i cant afford to pay solicitors who have not dealt with something similar before as alot of them want to have a go but have no previous cases or dealing like this. Ive paid a few solicitors just to assess the situation then tell me they can try but are unsure etc. i dont mind paying a reputable company if they believe i have some sort of leg to stand on here.

I dont fancy paying more solicitors just charge me to look at my agreements etc . then tell me we are unsure or we can try this that the other. if a firm can tell me we have such and such grounds and theres a chance we can win or reduce the fees etc im ready to go with them but where i live alot of them have never dealt with cases like this.

i even approached and gave all my paperwork to Cartel Client Review last time who have dealt with blemain/harpmanor and won the Peter Bentley case but sadly for me they went bust!

so i dont know who to approach as i dont mind paying but mind wasting money i dont really have

i tried the shelter links you posted and they gave me some other contact details who ive approached and waiting for them to get back to me

thanks

[PlanB]

Re: hi i need some urgent help and advice pls

so what do you suggest guys ? ill have another eviction coming through soon i need to move quick do you suggest i forward this to the fos too?

Anything that threatens the roof over your family's head needs advice from a qualified housing lawyer. I've posted Shelter's contact details on here earlier.

Have you actually received another Warrant for Eviction with a date, because if you have then you really should go to a solicitor who specializes in housing law a.s.a.p.

[PlanB]

Re: hi i need some urgent help and advice pls

Worth a try

Well I don't see anything in that order which says "No Return to Court"

[jimmyq]

Re: hi i need some urgent help and advice pls

so what do you suggest guys ? ill have another eviction coming through soon i need to move quick do you suggest i forward this to the fos too?

[vint1954]

Re: hi i need some urgent help and advice pls

In some cases the claimant has to make a fresh application to the court if subsequent arrears accrue after the original ones identified by the order have been paid. In this case Jimmy's order was dated over three years ago and appears to be specific about which arrears were involved. Perhaps an application to vary the order would be an option too. Got to be worth a try

Worth a try

[PlanB]

Re: hi i need some urgent help and advice pls

In some cases the claimant has to make a fresh application to the court if subsequent arrears accrue after the original ones identified by the order have been paid. In this case Jimmy's order was dated over three years ago and appears to be specific about which arrears were involved. Perhaps an application to vary the order would be an option too. Got to be worth a try

[vint1954]

Re: hi i need some urgent help and advice pls

A suspended possession order can usually be activated at any time.

You can apply to the court to have the order cancelled. One reason would be if you were not at the hearing, but there is a fee involved, unless you are on low income or benefits.

They cannot repossess the property unless you do not keep to the terms of the order.

[PlanB]

Re: hi i need some urgent help and advice pls

hi i recieved a copy of the order for possession from the courts dated 20th April 2009

order for possession
(mortgaged premises)
(suspended)

on the 20th april 2009, district judge hickinbottom at the county court (not exactly what it says has full adress etc)

upon hearing the solicitor for the claimant and upon hearing mr bloggs(me) in person
and upon mrs bloggs(my wife) no attending

the court orders that
1.the defendant give the claimant possession of (my house) on or before 28th april 2009

2.this order is not to be enforced so long as the defendant pays the claimant the full balance within 28 days.


to the defendant
the court has ordered the unless you pay the arrears under the mortgage at the set out above in addition to your normal payments,you must leave the premises.payments should be made to the claimant,not to the court.if you need more information about making pyaments you should contact the claimant.

if you do make the payment or leave the premises.the claimant can ask the court,without a further hearing,to authorise a billiff or high court enforcement officer to evict you(in that case you can apply to stay the eviction,a judge will decide if there are grounds for doing so)

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this is what it says on the copy of order for possession i recieved from the courts

where it says upon hearing me in person i did not go to court nor was i aware of this to be honest ??

I would ask a solicitor whether this order only refers to the arrears as they stood on 20th April 2009 because you've implied in your posts that those have been paid up to date some time ago and you've continued to pay the normal monthly payments since then (albeit late at times). Ask whether that means you have now satisfied the original order.

[jimmyq]

Re: hi i need some urgent help and advice pls

hi i recieved a copy of the order for possession from the courts dated 20th April 2009

order for possession
(mortgaged premises)
(suspended)

on the 20th april 2009, district judge hickinbottom at the county court (not exactly what it says has full adress etc)

upon hearing the solicitor for the claimant and upon hearing mr bloggs(me) in person
and upon mrs bloggs(my wife) no attending

the court orders that
1.the defendant give the claimant possession of (my house) on or before 28th april 2009

2.this order is not to be enforced so long as the defendant pays the claimant the full balance within 28 days.


to the defendant
the court has ordered the unless you pay the arrears under the mortgage at the set out above in addition to your normal payments,you must leave the premises.payments should be made to the claimant,not to the court.if you need more information about making pyaments you should contact the claimant.

if you do make the payment or leave the premises.the claimant can ask the court,without a further hearing,to authorise a billiff or high court enforcement officer to evict you(in that case you can apply to stay the eviction,a judge will decide if there are grounds for doing so)

--------------------------------------------------------------------

this is what it says on the copy of order for possession i recieved from the courts

where it says upon hearing me in person i did not go to court nor was i aware of this to be honest ??

[Never-In-Doubt]

Re: hi i need some urgent help and advice pls

Well then he needs a holiday!

Not yet - he has stuff to do