Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
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    Default Claim for possession of property

    My husband and I have received a Claim for possession of property form, we are seeking to defend it ourselves, as we are not in arrears on repayments and do not really understand why this order has been made, but need a bit longer than 14 days, as I am not too well at the mo...

    Would anyone be able to confirm if we can use the N9 - Acknolwedgement of Service to extend our delivery of the defence form?

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  2. #2
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    Default Re: Claim for possession of property

    When is the hearing date and what have they said is the reason that they are going for possession


  3. #3
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    Default Re: Claim for possession of property

    Hi Bona

    The hearing is for the 7th May 2008. The monies borrowed were for a business we ran that went belly up after the US company we had a franchise with pull all international franchises without notice.

    The business loan was secured on our home, and in 2006 they approached us to make repayment. The sum owed in 2006 was 65K. They were looking for us to pay 750 pcm but with we negoitated we would make lump sum payments and clear it quicker and paid 43K in 2006, 13K 2007 and are on course to clear the balance of around 13K July this year.

    If we had met their demands for 750 pcm we would have taken ten years to clear the loan, the route we agreed with them (because we have irregular incomes) has meant it will be cleared in 3 years instead! (Maybe they are peeved because they will earn less interesticon from us )

    We have in the last three years got ourselves we have worked hard to get ourselves out of debt (as there were many unsecured debts as well) and will be debt free (apart from our mortgageicon July this year). The company have acknowledged that they had an informal arrangement with us but now they want all the money now rather than July 2008. We can not clear it before then, and feel they are been unreasonable and have gone back on their word.

    We feel we have a pretty good case to build, as we have stuck to our agreement and are on track to repay all sums shortly. We are not in a position to do it sooner, as income does not come in before July to enable us to clear this and all our other debts.

    I feel this company has harrassed us - with sending surveyors to value our property without notification, send communications to our elderly parents chasing 30K from them (when only 13K is owed) when they promised not to use the guarantee with our parents as our mother has a very serious heart condition and was hospitalised when the first chased in 2006.

    I have pluersisy at the moment and am on antibotics but it has worn me out and would like to see if completing an Acknowledgement of Service can be used to give us an extra seven days.

    Many thanks!


  4. #4
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    Default Re: Claim for possession of property

    Hi SWTS
    You've done really well to get yourselves this far paying such large amounts.
    Have you got the repayment agreement from the company in writing or was it just verbal?

    On the matter of the American company pulling all UK franchises was there nothing you could do to recoup your outlay? It seems they just ripped you off. You probably tried everything at the time but did you go to trading standards to see if they could help?

    I don't know about the extension time for court I will try and find out for you in the meantime some one in the know may come along.

    Remember to make notes of everytime this company has contactsed you or your parents and what they said. Ideally do not speak to them by phone.

    A lot of companies (and banks) are panicking at the moment and are trying to get as much money in as possible.


  5. #5
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    Default Re: Claim for possession of property

    Hi there, I have just checked with my local court manager who tells me that you cannot use an N9 form. However, although the N11m you have received says the defence has to be returned in 14 days, as long as the court has your defence before the end of this month it will be fine - they just need a week or so before the hearing to put the file together. She confirmed that all county courts have the same process.

    If you need any help at all with completing the defence form and in particular Section 27 (the important part) I will be more than happy to walk you through the form, and write the statement for 27.

    I hope you feel better soon, it must be very distressing to have this trouble when you are poorly.

    Kind Regards

    Ell-enn

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    Default Re: Claim for possession of property

    Hi Wino

    Thank you for your reply, we really appreciate how helpful everyone is!

    The company never put our agreement in writing (and in hind sight I can see this is not ideal) but the fact that they have received these lump sum payments and not chased in between might show that they did agree to it. There are letters from them that show there agreement although they do not state in black and white the finer details. The letter from the solictors regarding them chasing our parents acknowledge in writing that they did have this informal agreement with us, so again this might be sufficent proof, or certainly calls in to question their assertions.

    We did look at taking legal action against the US company - but with been left high and dry with the debts the additional costs would be too much. We did try and work with this company to sort it out, but a multi million pound business can afford legal resources that we could not. In the end up we had to take a pragmatic rather than an emotional decision and sort our mess out, keep ourselves sain and move on.

    We have learnt a lot, It did effect us badly for a long time after, but as a family we are together and stronger...and can live on very little and still enjoy our lives.


    Cheers


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    Default Re: Claim for possession of property

    He Ell-enn

    Thank you for your response and offer of assistance, it is very much appreciated. I am going to get a letter to the court today explaining illness and that we will have the paperwork to them late next week, I will send a copy to the solictors as well.

    I have had a quick look at the Defence form and it seems reasonably straightforward (could be famous last word!!). If it works with you we will fill it out as soon as we are feeling a bit better and forward you a copy for you to look over. I can put together a statetment for section 27 and forward that as well.

    I think the worst thing about pluersisy is my ribs are killing me, and I am not getting a great nights sleep, so I look (and feel) as if I have aged 40 years in a few days . Trying not to get too distressed about this - I feel we have taken responsibility for our financial messes, we have worked hard to clear such large debts in three years - and we are going to be even happier when we are debt free later this year!

    Thanks again!


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    Default Re: Claim for possession of property

    Trying not to be too nervours about our hearing tomorrow. It is always daunting going to court. Thanks to fanstastic support and advice from Ell-enn and others. We really appreciate all the input and support!


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    Default Re: Claim for possession of property

    Good luck you will be fine just remeber a few important things I assume you have put yuor defence in the judge will have read it let him ask the questions let the otherside dig a hole forthemselves, Dont talk to the other side unless it is to ask them to withdraw what ever you say THEY WILL USE AGAINST YOU if they do not turn up ask that they be not awarded the costs they have incurred and you want yours loss of earnings travell and anything else you can think of
    Will be waiting you post tomorrow to let us know how you got on

    Were all here for you

    Bona xxx


  10. #10
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    Default Re: Claim for possession of property

    SWTS

    Good luck for tomorrow, try not to worry too much and PLEASE let us all know how you get on.

    BEST WISHES

    Shelbelle


  11. #11
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    Default Re: Claim for possession of property

    Hi All

    The judge was scathing that ltsbicon were taking such an action when so little was owed, and so much has been paid, and there was so much equity in the home.

    As it was an 'all monies charge' the seems the judges hands were tied but using Habib -V- Tailor [1982] the judge ordered a suspended possession order for three months along with a money order.

    This should give us room to move things forward.

    At court a Barrister from CAB offered to come in with us and put forward our case - which was very useful.

    We really appreciate the assistance and support we have received here, and to Ell-enn a big thank you for helping us with our statement.

    Now for the next chapter!


  12. #12
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    Default Re: Claim for possession of property

    That's great news - hope it all works out for you from now on.

    Kind Regards

    Ell-enn

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  13. #13
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    Default Re: Claim for possession of property

    We have some work to do in the next three months! but it is the breathing space we needed! But is a relief!


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    Default Re: Claim for possession of property

    Thats brilliant news Swts really pleased for you





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  15. #15
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    Default Re: Claim for possession of property

    Well done keep working at it



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