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

    Originally posted by Paul. View Post
    See the above

    i definately need a solicitor then im none of the above and i also suffer from anxiety and panic attacks so ive no chance

    ill have to arrange a solicitor then

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

      Originally posted by jimmyq View Post
      i definately need a solicitor then im none of the above and i also suffer from anxiety and panic attacks so ive no chance

      ill have to arrange a solicitor then
      Could the lady who has been helping you at the CAB find you a pro bono (free) solicitor from amongst their team You really do need representation at this hearing. As the CAB explained, if you get that court order cancelled then if the lender wants to chase you for money they would have to make a fresh application for possession and you would have the opportunity to counterclaim. If the order remains 'live' then the lender can go straight to a Warrant for Eviction if/when arrears build up again.

      Your application is to dismiss the current possession order because those arrears have been paid. My worry would be that if any new arrears have accrued since the application was made the DJ may take a negative view. It would be wise to make sure there is nothing outstanding (albeit disputed by you) when you get to the hearing so the court has no real reason to dismiss your application.
      Last edited by PlanB; 26 November 2012, 11:22.

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

        Originally posted by planB View Post
        Could the lady who has been helping you at the CAB find you a pro bono (free) solicitor from amongst their team You really do need representation at this hearing. As the CAB explained, if you get that court order cancelled then if the lender wants to chase you for money they would have to make a fresh application for possession and you would have the opportunity to counterclaim. If the order remains 'live' then the lender can go straight to a Warrant for Eviction if/when arrears build up again.

        Your application is to dismiss the current possession order because those arrears have been paid. My worry would be that if any new arrears have accrued since the application was made the DJ may take a negative view. It would be wise to make sure there is nothing outstanding (albeit disputed by you) when you get to the hearing so the court has no real reason to dismiss your application.
        ill have to clear the arrears once again CAB me contact details for some solicitors who im going to ring and see if they will attent court for me next week

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

          Originally posted by jimmyq View Post
          i definately need a solicitor then im none of the above and i also suffer from anxiety and panic attacks so ive no chance

          ill have to arrange a solicitor then
          Hi,
          Just might have a free solicitor at the court as I have mentioned before, I used the one where I live check the court to find out if you cant get one from cab, if they do and you have time go the week before to see them and give the information they will need.
          Best of luck .

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

            seems it has been reported that a lot of courts do not have on the spot solicitor anymore?
            Last edited by The Tech Clerk; 26 November 2012, 16:40.
            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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

              Originally posted by The Tech Clerk View Post
              seems it has been reported that a lot of ourts do not have on the spot solicitor anymore?
              Didnt realise that, well they all ought to have one available, there is one here for housing issues on a Wednesday, its a good system they use a solicitor plus law students from the university. All free.

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

                i need to get the court adjourned to a later date how do i go about doing this i spoke to the solicitors who are saying its best to wait for the SAR to come back from both companies and go prepared.

                Comment


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

                  Originally posted by jimmyq View Post
                  i need to get the court adjourned to a later date how do i go about doing this i spoke to the solicitors who are saying its best to wait for the SAR to come back from both companies and go prepared.
                  I think you ask the court and tell you are waiting for some information back on the advice of your solicitor .
                  _______________________________________



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

                    hi i phoned them this morning they are wanting it in writing if someone can type me something up it will be appreciated

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

                      Dear Sir /Madam

                      We would like to request that the hearing taking place at 10.30 on Thursday the 06th December 2012 for our application for the possession order to be discharged/dismissed etc to be Adjourned to a later date please.

                      The reason for this is we were not expecting the date for the hearing to be so soon. We were presuming the hearing date to be at least another month or so. As we were told it can take upto 4/5 weeks upon submitting the application and the fee's

                      We have applied for the Subject Access Request from Both the Lender and the Broker as well as some other documentation and reports which can take up to 6 weeks.

                      We also require time to seek legal advice and representation for this case as both Me and my wife already suffer from Depression and Anxiety due to this company and the fear of losing our home.

                      Therefore we would be much obliged if you can allow us more time so these documents and files that we have requested come back to us as well as seek legal representation.

                      Please notify me with the adjournment date. If the Court requires any further details please do not hesitate to contact me.

                      can someone rearrange and word this properly for me please
                      Last edited by jimmyq; 27 November 2012, 10:38.

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

                        I would remove the second paragraph,you don't want to look as though you are not prepared. Alter the next paragraph to state that whilst you are still awaiting documentation from x and x you are not in a position to fully present your case without this
                        I will have a look later today with a rewrite, unless anyone beats me to it!
                        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                        Comment


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

                          sorry to be a pest guys need to hand this in in the morning so if someone could do this and rewrite it for me tonight will be appreciated thanks

                          @cymruambyth your right about the 2nd paragraph mate i should do away with that thanks!

                          Comment


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

                            God I hate windows updates! My laptop has just closed down half way through my post! Hopefully I will be able to recover some information.....
                            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                            Comment


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

                              Hopefully this will be sufficient. Please look at all the names etc to check that they are correct. If anyone wants to add anything or even change it totally please do so.

                              We are requesting the adjournment of the hearing scheduled for 10.30 on Thursday 6th December 2012. This is an application for the discharge of the possession order granted on XXXX.

                              Data Subject Access Requests have been submitted to both Crystal Mortgages and The brokers name and whilst we are waiting for this information we are not in a position to fully present our case. Due to the complex nature of the financial contracts involved with this mortgage we require legal advice and are waiting to see if our application for legal assistance has been successful. (Are you eligible for legal aid or help from a free law centre?)

                              We respectfully request that this hearing be rescheduled to January 2013 when we anticipate that we should have received all the necessary paperwork and forwarded it to our legal advisers.

                              Yours faithfully
                              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                              Comment


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

                                thanks guys whats happened to plan b ????????

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