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Tenants Trying To Remove Us From Property Using A N24 General Form of Judgement or order


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aa

 

I've never received a N24 form before, so I have no idea what to do, also I cant seem find anything to do with the N24 we've just received on the site.

 

All we received was 2 sheets of paper, telling us to file within 7 days, & a cryptic accompanying letter sent to our solicitor. I've attached this to the post

 

My main question is what is "an order excluding the Defendants from the property"?

Does it mean a lodger ie an excluded tenant? or something else?

Is it evicting a commercial tenant?

 

The full paragraph says :

" in detail and in numbered paragraphs the background to the dispute and why they are entitled to an order excluding the Defendants from the property"

 

I have no idea what this means ...

 

The accompanying letter to the solicitor said something about varying a residential contract into a commercial contract.

I've included the full letter as an attachment.

 

The exact wording about the varying order is:

 

"That the said Assured Shorthold Tenancy bearing the latest date be varied into a business/commercial lease upon registration

or obtaining an operating licence with the regulatory board namely Office of Standards for Education Department (OFSTED). "

 

Also is it possible to ask the court to show us the original application or order from the court, so we know what the hell is going on ...

 

The only forms we received said

 

Because this Order has been made by the Court without considering representations from the parties,

the parties have the right to apply to have the order set aside, varied or stayed.

 

 

A party wishing to make an application must send or deliver the application to the court (together with any appropriate fee)

to arrive within seven days of service of this Order.

 

The Claimants must file with the Court and serve on each Defendant by 10-12-2015 a signed and dated witness statement

which sets out clearly and in detail and in numbered paragraphs the background to the dispute

and why they are entitled to an order excluding the Defendants from the property

and which contains a declaration ('a statement of truth*) that the contents are true .

 

3) When the Claimants do this the application will be placed before a circuit judge who will decide without a hearing when it will be heard:

4) If the Claimants do not do this by the date given, the application (but not the Claim will be struck out)

Dated 17 November 2015

Again we have no idea whats going on, please help.

 

Thanks

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We received a N24 form yesterday, unfortunately my mother chose a useless solicitor & wasted an entire day talking gibberish, instead of getting the N24 order set aside.

 

I'm really hacked off, as he didnt even suggest emailing the court for the papers we dont have, & now its friday ...

 

We have no papers, apart from the N24 form & a cryptic half page sent to the above solicitor.

 

I've spoken to a barrister, & he suggested because we havent received any papers apart from the N24 General of Judgement or Order, that we either apply for set aside or stay the order, as we dont have enough information.

 

I've found a template, but I have no idea what the difference is between a set aside, & a stay?

 

What should I ask for, a set aside or a stay? As we have no paperwork, so no idea what to file with the court in 3 days time.

 

Need urgent help, I would ask the above solicitor but i'm pretty sure he'll spout some more gibberish & give me the wrong advice ...

 

So my questions are :

 

1. What should I choose a set aside or a stay?

2. What's the difference between a set aside, & a stay?

3. I read somewhere I need to send a Statement of Service? No idea what that is ...

4. Do I need to send a Statement Of Truth?

5. Are there any other paperwork I need to send, to get this set aside, or stayed for a lack of information?

 

I also need help filling the template form for not received enough information, as well as the statement of truth.

 

I've attached the N24 form we've received with this post.

 

Thanks ...

 

 

This is the template form I've found, please state if its the wrong form!!!

 

IN THE [TOWN]COUNTY COURTCASE No.BETWEEN [iVOR PROBLEM]Claimant AND [JUSTIN TIME]Defendant APPLICATION TO SET ASIDE JUDGMENT TAKE NOTICE that the Defendant intends to apply to the district judge sitting at Anytown County Court, 5 New Street on the 1st June 20.... at 2.00pm for the following order:-

1.

The judgment entered on 15th May 20.... be set aside for the reason that

2.

The Defendant be allowed to file a

3.

The Claimant do pay the costs of this Application. This Application is likely to take 30 minutes.

Statement of Truth

I believe that the facts stated in this application to Set Aside Judgment are true.

This application is likely to take 30 minutes.

Dated this 17th day of May 20....

To the court and

to the Claimant

..........................

JUSTIN TIME

Defendant

of [Address],

at which address he/she will accept service of proceedings.

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Hi,

 

No, its not, its a different incident.

 

It is however on the same property. If it helps.

 

As the N24 we received has so little information, I really dont know what its about.

 

The N24 says something about "excluding the defendant from the property".

 

The landlady they have a AST with has a clause about handing the keys over, if they miss a payment. They handed over the keys & she moved back into the property.

 

The tenants rent out two adjoining properties, & she moved back into one of the properties. I think the tenants want one of their clients to move into a room on the property my mother the landlady is in.

 

We're in the process of evicting them, but technically the AST is still in effect until theyre evicted ...

 

She's been there for around a month.

 

Which is why I think they want her removed from the property.

 

I'm guessing, as I cant say for sure because we dont have any information apart from the N24 form ...

 

I just need some help filling in the form to get this N24 aside or stayed, as we dont have any information & we're running out of time ...

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excluding the defendants from the property
? what is the case about

 

but yes, if you want to object, then do so. seems as if would be to set aside if objecting wholly with reason. but the order is to file a Witness Statement, and once done a hearing will be set. are you unable to file a wit statement in that time? you are the claimant? what are the circumstances.

IMO

:-):rant:

 

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Hey Ford,

 

No we're the defendant.

 

Basically if you read part 1 of the N24 form it says we have 7 days to set aside or stay. This is the part I'm referring to & trying to fill out the template for.

 

The witness statement is for the 10/12/2015, not in 3 days time ...

 

I'm not sure if a set aside is the correct one, as it cancels the order? We just dont have information or the paperwork from the claimant, apart from the N24.

 

What would a stay do?

 

Please see my reply to honeybee above your reply, for the backstory ...

 

Thanks

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I made this thread, because I had no idea what I was doing. I managed to find a barrister after making this thread & created a 2nd thread, after he told me what actions I should be taking.

 

This thread is basically redundant & no longer needed, if you dont want to delete it, its fine, this thread is pointlessly taking up space on the forum, which is why I asked to delete the thread.

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ok, you are the defendant.

yes, the auto re 7 days. seems they made an application without hearing?

why would you want to object to them having to file a wit statement, that will give all the info and reasons why they think they are entitled to what they claim? if they dont do so in time, then their claim will be struck out according to that order. is there anything else to the order/circs?

 

a stay wld put things on hold

IMO

:-):rant:

 

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We have plenty of capacity so dont worry roony...if both threads a connected (same debt/same litigation) you would be better merging them together so we have all the history in one place...then we can advice you how to do it correctly.

 

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Hi ford,

 

I really dont know what i'm doing, basically we have no idea what the N24 form is, as all we've received is a N24 form.

 

Are you saying the N24 form is just a notice to tell us they have to file a witness statement, because they made an application without a hearing?

 

Thanks

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Hi ford,

 

I really dont know what i'm doing, basically we have no idea what the N24 form is, as all we've received is a N24 form.

 

Are you saying the N24 form is just a notice to tell us they have to file a witness statement, because they made an application without hearing?

 

Thanks

 

seems so. without fuller details, unable to say for sure. eg partics of claim, defences, details of any applications, circumstances, etc.

if thats the entirety of the order, then it seems just for the claimant to do that wit statement to the court and the defendants. if they dont do it in time, then the claim wld be auto struck out by the court.

if the def's need more info, then that statement, if furnished, will (should) provide so. it seems that the court has realised that more info is needed from the claimant, hence the order. seems nothing for the def's to do on that, unless they dont want the claimant to do such a statement (object), or they want more time (stay) for some reason, or they want to try and add something (vary)? depends on the circs rooney.

IMO

:-):rant:

 

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Ok great, thanks for clarifying that, I'm going to go to the court on monday & get the info.

 

I'm a bit confused by "if the def's need more info, then that statement, if furnished, will (should) provide so. "

 

Do you mean if I sent a form to be set aside or stayed, because of a lack of information?

 

Thanks

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Ok great, thanks for clarifying that, I'm going to go to the court on monday & get the info.

 

I'm a bit confused by "if the def's need more info, then that statement, if furnished, will (should) provide so. "

 

Do you mean if I sent a form to be set aside or stayed, because of a lack of information?

 

Thanks

 

 

 

no, i was referring to you saying that you dont have any/much info re the claim. that witness statement by the claimant should provide the further details. the court/judge seems to have recognised that further info is required prior in the circumstances, hence the order.

IMO

:-):rant:

 

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Ah ok, thanks for clearing that up, I really should have read the form more closely, instead of panicking lol.

 

I'm under alot of stress atm, the person I'm helping has a talent for finding the worst solicitors in Britain, & also happens to be 60+.

 

She refuses to get rid of the solicitor, so I have to make sure the solicitor doesnt screw her over, by giving her the wrong advice & comb through his paperwork.

 

We went to the solicitor on thursday & he told us we had to file a statement with the court, otherwise we loose the case.

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I've spoken to a barrister, & he suggested because we havent received any papers apart from the N24 General of Judgement or Order, that we either apply for set aside or stay the order, as we dont have enough information.
can you elaborate here. i wldnt want to go against the advice of a barrister :) but,

 

the order would give you the info via the statement, so i dont see why applying to set it aside or staying it? unless theres more to things?

IMO

:-):rant:

 

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Ah ok, thanks for clearing that up, I really should have read the form more closely, instead of panicking lol.

 

I'm under alot of stress atm, the person I'm helping has a talent for finding the worst solicitors in Britain, & also happens to be 60+.

 

She refuses to get rid of the solicitor, so I have to make sure the solicitor doesnt screw her over, by giving her the wrong advice & comb through his paperwork.

 

We went to the solicitor on thursday & he told us we had to file a statement with the court, otherwise we loose the case.

 

 

no worries. you say that friend is not the claimant. the order is re the claimant. i dont want to counter what their solicitor says, unless they are surely wrong,? yes, you wld have to file a statement eventually before the hearing, if it gets that far, but not now.

 

according to that order you posted up, the claimant must file (send a copy to the court) and serve (send a copy to the defendants) a wit statement by the given date. is there more to the order? you really need to help us help you, with more info.

IMO

:-):rant:

 

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I ended up speaking to two barristers & they told me to apply for a set aside , but I emailed them & spoke to them over the phone.

 

The barristers dont have any more info, just the N24 form.

 

I doubt they actually read the form correctly, as I didnt book a time with them. They probably just skimmed over the form, without reading the form correctly?

 

I'll ring the barristers on monday to double check.

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I ended up speaking to two barristers & they told me to apply for a set aside , but I emailed them & spoke to them over the phone.

 

The barristers dont have any more info, just the N24 form.

 

I doubt they actually read the form correctly, as I didnt book a time with them. They probably just skimmed over the form, without reading the form correctly?

 

I'll ring the barristers on monday to double check.

 

well, i cant see, from what has been posted, why the def's wld want to set aside that order? the order will give everyone the fuller info relied on via the statement. unless i am missing something?

IMO

:-):rant:

 

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