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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3653
Experience:  Solicitors 2 years plus PQE
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I have received a Claim Form for possession due to arrears

Customer Question

I have received a Claim Form for possession due to arrears of ground rent. The arrears are around £400 but the solicitor's charges added on top are over £1,000. I can afford to pay the actual arrears right now but not the costs (I can pay this over time in instalments).

The house actually belongs to my sister, even though I normally pay the mortgage every month. So the claim form is directed at her as the homeowner.

Here's the issue: the hearing is for the 8th of January but I will not be in the country then, and neither will my sister. How do we get representation at the hearing when we won't be here? The claim form was issued on the 21st November so I need to send the defence form in by the 5th December, right? Strategically, what is the best way to handle this?
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you for your question and welcome.

My name is AJ and I will assist you. The best way to deal with this in the interim is contact the solicitor and offer to make a lump sum payment and propose the installment plan and ask them to vacate the hearing forwith. Whatever you suggest they will try and negotiate it down as quickly as possibly.

Can you let me know the following - have they followed the attached Protocol? http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part55

If you need representation you will have to get a solicitor to attend for you or write to the court and ask them to post pone the hearing because you are out the country. We cannot recommend a solicitor but I would suggest you contact LEASE http://www.lease-advice.org/ This is backed by the government and will provide free advice for Landlord and Tenant and will be able to recommend a solicitor.

I look forward to hearing from you.

Kind regards

AJ