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Nicola-mod
Nicola-mod, Moderator
Category: Bankruptcy Law
Satisfied Customers: 11
Experience:  Moderator
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Best approach to successful appeal against possession order

Customer Question

What is the best approach to lodging a successful appeal against a possession order (dated 1 Jul 2013) on the property* of an undischarged bankrupt (discharge due 5 Oct 2013)?


 


*Property jointly in name of wife and husband; wife declared bankrupt 5 Oct 2012; husband not bankrupt, but works abroad in EU. 12-year-old daughter lives at property with wife/mother.

Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  Nicola-mod replied 3 years ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 3 years ago.

Yes, please -- please continue to search for an expert.


 


I am pretty sure that upon my submitting the question, a message/dialogue box popped up to say that an expert had already been identified!


 


Indeed, his profile included details such as "20 years' experience", "partner in a high-street law firm", etc.


 


I was therefore expecting an almost-immediate reply, and am disappointed that even after a reasonable interval, an expert has not yet been found -- let alone been tasked with finding an answer.


 


Please do what you can to get a now-expedited response.


 


Thanks & regards,


Teak.


 


PS: I am getting neither SMS Alerts nor activation e-mail -- both of which I have been led to expect.

Expert:  Nicola-mod replied 3 years ago.

Hello,

 

I will alert Customer Services to the issues you raise.

 

We will continue to look for a Professional to assist you.

 

Thank you for your patience,

Nicola

Expert:  Alex J. replied 3 years ago.
Hi

Thank you for your question and welcome to Just Answer.

Why was the possession order conditional? Was it because there is a young child in the property?

Kind regards

AJ
Customer: replied 3 years ago.
The possession order was not conditional. (From where did you get the impression that it was?)

The now-urgent focus is on finding the the best approach to lodging a successful appeal against a possession order (dated 1 Jul 2013) on the property* of an undischarged bankrupt (discharge due 5 Oct 2013). Please advise ASAP.

Regards,
Teak
Expert:  Alex J. replied 3 years ago.
Hi

Thank you.

My apologies because there is a child under 18 in the property I am surprised that the court gave the order at all.

When do they have to deliver up possession?

Does the child have alternative accommodation?

Kind regards

AJ
Expert:  Nicola-mod replied 3 years ago.
Hello,

Just a quick reminder, there is an information request here from the Expert. This means they need to know more details before they will be able to give you a full answer.

Thank you,
Nicola
Customer: replied 3 years ago.

THE PROPERTY HAS TO BE VACATED 25 JULY 2013.


 


THE UNDER-18 CHILD DOES NOT HAVE ALTERNATIVE ACCOMMODATION.


 


WHY YOU ARE SURPRISED THAT THE COURT ISSUED AN ORDER?


 


CAN THAT FORM THE BASIS OF AN APPEAL, OR A REQUEST THAT THE COURT VARY THE ORDER, OR A REQUEST THAT THE COURT ISSUE A TIME ORDER?


 


CAN YOU RESPOND URGENTLY, PLEASE, AS TIME IS RUNNING SHORT?


 


THE QUESTION IS STILL AS ABOVE: WHAT IS THE BEST WAY TO SUCCESSFULLY REVERSE OR DELAY A POSSESSION ORDER ON A PROPERTY HELD PARTIALLY IN THE NAME OF AN UNDISCHARGED BANKRUPT (DISCHARGE: 5 OCT 2013) WITH A 12YO CHILD?


 


THANK YOU.

Expert:  Alex J. replied 3 years ago.
Hi

Thank you.

Normally with young children at the property it is difficult to get a possession order.

There are two ways to suspend the possession order:
1. Make a payment to the creditor and get them to agree voluntary:
2. Under Civil Procedure Rule 55 Practice Direction 55 para 8.4 apply for undue hardship under s89 of the Housing Act 1980. This however will only suspend it for up to 6 weeks.

You won't be able to stop it indefinitely without the agreement of the creditor or by repaying the creditor

Kind regards

AJ
Customer: replied 3 years ago.

Thanks, XXXXX XXXXX have passed your notes on to my friends. Are you OK answering a follow-up question in the next day or so, if necessary? I can do the rating now, or after any follow-up (there may be none).

Expert:  Alex J. replied 3 years ago.
Hi

Thank you.

I am happy to deal with any follow up points.

Any feedback is gratefully received.

Many thanks

Kind regards

AJ
Expert:  Nicola-mod replied 3 years ago.
Hello,

Just a quick reminder, there is an unrated answer waiting for you here from the Professional.

If the Expert was helpful, rating their answer as satisfactory transfers your deposit to them – this is how the Expert is compensated. If you still need help with your question, please feel free to reply to the Expert on this question page. You may ask as many follow-up questions on the same question page as you need until you are satisfied.

Thank you,
Nicola
Expert:  Nicola-mod replied 3 years ago.
Hello,

Just a quick reminder, there is an unrated answer waiting for you here from the Professional.

If the Expert was helpful, rating their answer as satisfactory transfers your deposit to them – this is how the Expert is compensated.

To rate your answer, you can go to your question page, and click one of the five faces below your Expert's answer. Please be sure you are logged in with your username and password XXXXX you will not be able to view or rate your answer.

If you still need help with your question, please feel free to reply to the Expert on this question page. You may ask as many follow-up questions on the same question page as you need until you are satisfied.

Thank you,
Nicola

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