Order for Possession - FORTHWITH

[Ell-enn]

Section 10 = tock the box for attached witness statement, then have a look at this guide http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession you will see examples of how to set out a witness statement to go with an N244. Anything you are affixing to back up your statement should be given an Appendix number and referenced in the statement.

[Space Cadet uk]

Did you speak with the letting agent to check you have the correct payment details, bank account number etc, did they confirm or deny receipt of payment?

[AndrewHouse]

I'm confused Ell-enn,

 

Half the guides I read suggest ticking either 'the statement of case' or 'the evidence set out in the box below'.

 

Surely it's best to tick 'statement of case' - which is my defence - then write 'see documents attached' in the box below?

 

I don't have an awful lot to write as the documents I will be attaching are, in effect, my case.

 

 

Space Cadet UK:

 

The letting agent have told me they will not discuss my tenancy and that I should speak direct with the landlord - an offshore company with a mailbox address! The phone number I have been given is never answered. Judging by the fact I have had no contact with them in any form since signing the tenancy, they must have received my payments!

[Lea_HTH]

Okay, well don't panic, if it is simple rent payments that are alleged to be missing, and you have concrete proof that you made these payments to the LL, then it will very easily be sorted out.

 

I see Ell-enn has responded regarding help with the N244 - she's absolutely fabulous with assisting people with that (I don't do paperwork), so make sure you follow her instructions properly.

 

You must make a set aside application - and not a stay application. The PO, according to you, should never have been made because you do not owe any rent.

 

I am always quite surprised when court clerks' give their opinions about legal issues - none of them are qualified to do so, and generally have no clue what is what. It is in no way, shape or form, unusual for a warrant of execution to be filed immediately following a forthwith possession order - in fact, it is the usual course of action, otherwise there is no point to a forthwith order. Don't worry about that though - it's largely irrelevant as your set aside application will automatically stay the warrant.

 

Your evidence should be reasonably straightforward. I think I listed the points in an earlier post. You did not receive the paperwork, you do not have rent arrears (provide the bank statements), and you believe the court would not have made the order it made if you had been present.

 

What area of the country are you in?

[AndrewHouse]

I'm in the South East. From everything I have read and the opinions given today, this seems to be a no-brainer. I certainly hope the Judge sees it that way.

 

Can I please get some clarification though vis-a-vis Section 10. One Solicitor I spoke with today told me categorically NOT to tick 'witness statement' and to select 'statement of case', then attach my rebuttal and supporting documents as per your earlier advice Lea.

 

I really don't want to make a mistake and lose this appeal on a technicality.

[Lea_HTH]

It's not an appeal - you are asking the judge to set aside the decision made on 7th May.

 

On the facts presented, the forthwith order would never have been made if you had been present at the hearing and if you had provided evidence that the rent had been paid. Your biggest issue is if they state that the payment details you have are not their details.

 

You require a witness statement.

[Lea_HTH]

Oh, and to be on the safe side, you should include a request to the judge to suspend the warrant until your case has been heard...some courts will do this automatically, others will not, so to cover all the bases, make the request in your application.

[jack2uk]

Hi All, I have been going through the courts to gain possession of a room in a house from a non paying tennant, i had my court hearing yesterday and the defendant did not show up (he tried to adjourn hearing but his application was refused as he did not file a defence) anyway the judge gave me possession order and have received an "order for Possession Forthwith upon service of this order upon the defendant" does this mean i can start immediately to apply to the court for a baliff ? if so how long does this procedure take? Will the defendant be able to appeal and do you think he has any chance of success? any help appreciated.