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Error in POC discovered after judgment


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If a court has granted possession of a property to a mortgage company and it is subsequently found that the Particulars of Claim had not included all the required information information as set out in the Civil Procedure Rules, is the court bound to set aside the judgment?

 

Any ideas would be welcome.

 

Stan

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If a court has granted possession of a property to a mortgage company and it is subsequently found that the Particulars of Claim had not included all the required information information as set out in the Civil Procedure Rules, is the court bound to set aside the judgment?

 

Any ideas would be welcome.

 

Stan

 

Without knowing enough, but based on an informed hunch: perhaps, if you are only at the Final Carging Order stage and the house hasnt actually gone.

 

You'll need to fill out more details of what and where you believe the ommision lies, and how it may affect what they claimed for and eventually got the FCO for.

 

So, punting for you...

In knowledge lies wisdom

 

Mo - not even a bar-stool lawyer, but I'll help where I can...

 

 

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