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Appealing an eviction...urgent.....


cayasm
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After getting my original eviction suspended in June I was given 6 wks to deal with HB, and of course they interview me 10 days before my next court date with no resolution, i had a solicitor with me,who felt it wasmore of a fishing exercise.

 

Fast forward to 2nd August and the judge refused to suspend agin,so my eviction date is for tommorrow, we go to court agin today after filling in a N244 form and SHELTER are representing me, we felt we had good grounds and even better I got a job starting on Thursday which now gives me the ability to pay, unfortunately we didn't have the conformation letter, because it was sent late and i had to be in court at 9.30 so no post.

 

The judge was basically uninterested and we were in there for about 5mins he wouldn't listen to my change in circumstances in fact didn't address me at all.

 

Shelter then advised that I submit another N244 form stating the new change and the evidence which i duly took in,the judge said take it to the circuit appeal judge at another court, even though the eviction is due to take place at 10am tommorrow,so i'll be going to Chelmsford about an hour away at the silly o clock to see if i can get an appeal.

 

Shelter said I need to fill in an N210 form, stating my reasons ,has anybody done this, I'm going to leave a note on the door just saying going to file an appeal do not enter as surely the bailiffs will not as they don't the outcome if I will even get the appeal which Shelter seem to think will be the case(they have now closed my case) though they did say they are unfamiliar with this process.

 

Is it worth going and again has anybody done this...be will around most of the night inbetween bouts of packing, surely with now having a job that would helpmy case not hinder it.

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Reading your previous posts on this http://www.consumeractiongroup.co.uk/forum/showthread.php?354344-Eviction-Emergency-court-hearing-to-suspend-eviction&p=3873273#post3873273

 

think you left it a bit late,Sorry

 

I asked if this thread can be moved Please to http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?65-Residential-and-Commercial-Lettings

 

see if anyone there can advise any think better....

Edited by 45002

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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Reading your previous posts on this

think you left it a bit late,Sorry

 

I agree, but this is anew thing and just wondering if anyone had heard of it N210 form and if it's worth doing.

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I agree, but this is anew thing and just wondering if anyone had heard of it N210 form and if it's worth doing.

 

http://www.justice.gov.uk/courts/procedure-rules/civil/forms

 

http://hmctscourtfinder.justice.gov.uk/courtfinder/forms/n210-eng.pdf

 

But a haven't a clue if it's any use !

 

Your problem is if the bailiffs turn up on time at 10 am this morning while your in Chelmsford and enforce the warrant,that is the end of your Tenancy...

Edited by 45002

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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But a haven't a clue if it's any use !

 

Your problem is if the bailiffs turn up on time at 10 am this morning while your in Chelmsford and enforce the warrant,that is the end of your Tenancy...

 

However the court is going to inform them of my intention to try a last ditch appeal, so they will not enforce until they know the outcome and have already agreed with landlord about getting some clothes etc if need be.

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However the court is going to inform them of my intention to try a last ditch appeal, so they will not enforce until they know the outcome and have already agreed with landlord about getting some clothes etc if need be.

 

Good luck ...

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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The problem is the courts dont start until 10am so the baillifs might have the legal right to continue even if told you are trying another appeal. Also, if you fail and you are in one place, the baillifs will be told and till be moving in and moving you out and you won't be there.

 

I think if it were me I would be moving my things out but then I'm a defeatest and you are obviously a fighter!

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I'm caught between a rock and a hard place but the judge at my county court advised that I appeal this, also I have agreed with landlord that I was unable to move all my stuff out and they have agree to for me to leave it here for up to ten days I have that in writing.

 

They will also let bailiffs know, who won't do anything whilst it's still pending even at this late hour.

 

I also have a loan in place which won't kick in for another day..so I might be able to buy myself some time I don't want to write a cheque and have it bounce so best wait, can bailiffs just throw your belongings out on the street.

 

I've moved my valuable items out anyway it'll just be furniture and kitchen stuff been up most of the night.

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45002 - Eviction is the main matter, possessions responsibility are detailed in that article.

 

Here's some info:- http://www.landlordlawblog.co.uk/2010/04/27/landlord-rights-over-tenants-possessions/

 

rebel11-Which is why I suggested it's better off here http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?65-Residential-and-Commercial-Lettings

 

where more people know landlords and tenants law and eviction for rent arrears.....

Edited by 45002

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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