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Ash
Ash, Solicitor
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Experience:  Solicitor with 5+ years experience
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can i appeal high court judge ruling trying to stop evicti

Customer Question

can i appeal high court judge ruling trying to stop eviction.
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.

LondonlawyerJ :

Hello. I am a lawyer with over 15 years experience. I will try and help you with this.

JACUSTOMER-k6hwsidj- :

trying to stop eviction have been refused premission to appeal high court judge level. did not attend last hearing, due to accident and they ruled it was without merit.

LondonlawyerJ :

You may be able to but I need a little more information to be able to answer. When was the order made, in general terms what did the court order, which court made the order you wish to appeal?

JACUSTOMER-k6hwsidj- :

13 th december 2013 but the lower court dated it 23rd december 2013, it was made at appeal court newcastle from lower court durham, mistake on order which london pointed out the wording was wrong.

JACUSTOMER-k6hwsidj- :

letter from london given the fact that the judgement was made by high court judge the order should state durham district registry rather than durham county court.

JACUSTOMER-k6hwsidj- :

n bbb

LondonlawyerJ :

What was the original order? Is it a possession order or an order refusing to postpone a date of eviction, or something else. Who is bringing the action? private landlord, council, housing association or mortgage company. Who made the original order? District Judge or Circuit Judge. Why was your appeal refused by the District Registry of the High Court.

LondonlawyerJ :

I need this information in order to be able to give an answer to your question.

JACUSTOMER-k6hwsidj- :

said the claim was without merit. claim started in bishop auckland court which closed, and was transferred to durham the permission was requested to appeal for stay of execution which was to be 20 nov 2013 they stopped pending appeal hearing however i have eviction now for 29 jan. just got it in post yesterday. the first refusal was back in oct 2013/ action being brought by redstone mortgages this is our home. have not been represented at all and thought that if i just explained things people would understand. original order district judge

LondonlawyerJ :

I need you to explain a bit more I am afraid. A District Judge granted a possession order. Were you present at that hearing? You were due to be evicted on 23rd November 2013. This was delayed you say pending an appeal. Was this for an application by you in the county court to suspend/stay the warrant for possession? Or did you actually appeal to the High Court? Who said your claim was without merit and what was your claim? I assume the possession proceedings were for arrears of mortgage payments. In order to help I need this information.

JACUSTOMER-k6hwsidj- :

no i was not present. arrears yes appeal went from durham to high court judge sitting at newcastle. the original possession order was made 2007 but i did not understand what to do, and i just paid what they said i owed can i point out that there is a signuture on some paperwork witnessing my signuture and i dont know who it is and have asked and they wont answer

LondonlawyerJ :

What application was refused and said to be without merit. Who decided it had no merit and when did this happen?

JACUSTOMER-k6hwsidj- :

for permission to appeal the form was filed on n244 to stop eviction. which was refused and judge referred it to himself for any further applications this was curcit judge. was told at the time which was october 2013 that there was no route of appeal. then someone said i could file another n244 with fresh evidence which i did and showing bank details with over "20.000 in and i had paid half arrears only to show i can afford to pay and i am not refusing to pay. its just since the beginning i have questioned facts on this mortgage and no one has listened it was arranged via advisor which was shut down it is not just myself having problems with this company, since my questions have never been answered you keep on asking.

LondonlawyerJ :

I am an experiened lawyer and have beene involved defending many possession cases. I am rsllystrugglinhg to understandwhat has happeend inyour case. This may be because I am being a bit obtuse today but I can not work out the posiitonfrom what you have told me so far, It would really helpme if you prepared a chronoalgy settin gout ewhat has happened I need dates, names of court, rank of judges nature of orders made.

LondonlawyerJ :

Armed with that I am sure I can give you useful help but without it probably not. You should be able to cut and paste word documents into this thread. If you do not want to do this or have had enough of my questions I will opt out of the question which will throw it open to other solicitors on the site. I would like to help you but can't on the information that I have been given.

JACUSTOMER-k6hwsidj- :

will put it together for u thankyou

JACUSTOMER-k6hwsidj- :

putting together details. is it possibly to apply with n244 form supplying new evidence at this stage. evidence which they have not seen before,

JACUSTOMER-k6hwsidj- :

order dated 14 august 2014 durham county court district judge.

JACUSTOMER-k6hwsidj- :

14 august 2013 district judge ordered that.

JACUSTOMER-k6hwsidj- :

1 the application to suspend is ajourned to 3rd october 2. the defendant to serve detailed account income and outgoings. 3 defendat to serve gp report as of her medical condition and prognosis. 4 there shall be no further adjournments.

JACUSTOMER-k6hwsidj- :

order 3 october. district judge ordered that application dissmissed. 2 the warrant be retunred to baliff 3 It is recorded that the order dated march 2013 debarring the defendant from making any further applications without permission of the court remain in foce. I should add here they did allow me to present applications

JACUSTOMER-k6hwsidj- :

order 1st November 2013 durham county court. reads as follows application for permission to appeal.. circuit judge. sitting at newcastle. 1 the defendants application for permission to appeal the order of district judge dated 3 october 2013 is dismissed. 2 Any further applications for permission to appeal an order refusing to stay warrant for possession in this case is reserved to the designated civil judge.

JACUSTOMER-k6hwsidj- :

order 18th november 2013 in durham county court...took place not at durham though the order is stamped durham it was held at sunderland county court. i attended and it was dissmissed as totally without merit. so i was told i could appeal this the staff helped fill in the form and was told it would go back to newcastle. i did not recieve the order telling me of the date when it would be held and the first i knew of the date being the 12th of december 2013 was when i recieved the letter from the other side a day before hearing i called newcastle told them i had not recieved the order they just told me the girl had sent it. i tried to explain we have shared lane and post box over half a mile from where we are. the postie does not travel up the road when its flooded as it washes out the lane. they did not listen it just sounded as though they thought i was making it up, felt really bad offered to show them map and photos to prove what i was saying was true. they said no. so i went into panic as they did not have all the documents they should have had, i told her this to. so the morning of the hearing i rushed to get the train did not dare drive and had accident my daughter emailed them straight away. fractured my arm and wrist and broke two fingers. i should point out i suffer from HMS and have done for 12 years. and have spent the last two being weaned off pain killers which had become a problem. i am telling you this as i feel i can write it here. but i have not told them this apart from trying to get my life back i thought they would perhaps think i had a drug problem.... someone ran into me some years ago and have had to take them and other meds ever since

JACUSTOMER-k6hwsidj- :

The account has been in difficulties but i have always paid up and proved in can pay even through my illness i still work but i have to say that i am totally drained right now. they dont listen at all... i am just trying to keep roof over our heads lost my hubby a few years ago after he came back from the gulf and went back out all this mess is due to trusting a so called advisor with assets but thats what u are suppose to do isnt it. the last order which is dated 23 december 2013 upon neither party attending. my daughter called and informed them i had accident and proof of it. 1 permission to appeal is refused. The appeal is totally without merit. 2 there be a transcript of the judgement at public expense. dated 13th december 2013 and that order was given by honourable Mr Norris.

JACUSTOMER-k6hwsidj- :

The letter from appeal court london states reciept of papers referrred to deputy master court of appeal and he informed me that.appellants notice seeking permission to appeal against the order of Mr Justice norris refusing permission to appeal as totally without merit. given that the order appears to have been made by a high court judge the order should state that it was made in durham distrcit registry rather than durham county court. in any event this court does not have jurisdiction to entertain the appellants notice because there is no appeal from a decision of the appeal court (in this case a high court judge) made at an oral hearing refusing permission to appeal to that court (see section 54.4) of the access to justice act 1999.

JACUSTOMER-k6hwsidj- :

Both durham and newcastle told me to file the papers to london saying that was the next appeal route.

LondonlawyerJ :

Thankyou for that I will answer tomorrow.

JACUSTOMER-k6hwsidj- :

i did not get your reply yesterday as you said you would.

LondonlawyerJ :

Yes sorry about that you will get it today.

LondonlawyerJ :

I am sorry to say this but I am really struggling to understand your situation. It resembles no possession case that I have been involved in and I simply cannot get my head around it. I really think the only sensible thing for you to do is to get legal advice from a solicitor in the orthodox way. You may be eligible for some free help and lawyers who undertake possession defence are very often willing to do a free initial meeting.


I am sorry that I am unable ti help you more and will therefore now opt out of this question

Expert:  Ash replied 2 years ago.
Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

I see the expert has opted out.

In short there was an eviction, you applied to suspend it and this was dismissed - is that right?



Customer: replied 2 years ago.

filed to put stay on eviction it was dissmissed. appealed and that was refused appealed for permission to appeal thsat whas refused went to newcastle. infront of high court judge. though i did not attend due to accidnet. he judged the case totally without merit so it went back to lower court for new eviction date

Expert:  Ash replied 2 years ago.
Ok. Which court is the lower court, what level of judge?

Customer: replied 2 years ago.

lower court was durham district judge there, then went to circut judge then high court newcastle

Expert:  Ash replied 2 years ago.
And you want to appeal the high court decision?

Customer: replied 2 years ago.

looking for way forward to stop eviction. is there another route, can i file another n244 form bearing in mind the last one i filed went down the appeal route to high court judge, can the lower court stop me from filing the n244 form again and if so is there another route to travel.

Expert:  Ash replied 2 years ago.
You can't go down te N244 route. If the higher court refused all you can do is seek permission from the court of appeal. You can not just file another n244 as this is an abuse of process.

Now you can only appeal to the court of appeal,.

Can I clarify anything for you about this?

Alex

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