Hello I have a joint mortgage with Mortgage Express. The term has come to an end. The holder is buying me out and we have given the solicitor acting for ME a copy of the mortgage offer. Despite this they still have gone to court. As I was away I only got the papers on Friday last which was the date of the court hearing so I missed it. Prior to this The solicitor of ME knew the the date of the court date before we corresponded with the mortgage offer. The date of the court hearing was advised on the 28th January 2014 to the solicitor. Should we not have been advised before the issue of papers from the solicitor by her or the court. Patricia XXXXXXX
Hello, welcome to the website. My name isXXXXX can assist you with this.
Did nobody attend at the possession hearing on your behalf?
No as I was not aware of the hearing till I collected the papers on Friday
What happened at the hearing?
What order did the court make?
I do not know as I only opened the papers on Friday. The hearing was on Friday
OKay, you need to speak with your solicitors and find out what the court ordered. I'm guessing it has either adjourned the hearing or an order for possession has been made against you.
You are not understanding. I have no solicitor I did not know that there was a court date. I have just found out
on Friday evening that there was a court hearing.
What can I do. Is there any way I can get the order put aside if one was made.
Sorry, I see. Okay. Has the court previously sent paperwork to you? I'm trying to understand whether your details are on the court file properly.
No the court has not sent me a thing. All I have now is the papers sent from the solicitors. The court office is
Birmingham County Court
Claim no A70BM152
Okay. You can contact the Court directly on Monday and ask what order was made. Then, if the court has not adjourned the hearing (in which case case you will get togo to the next hearing) then you can apply to have the judgment set aside.
You can do this using Form N244.
You can get the form here: http://www.justice.gov.uk/courts/procedure-rules/civil/forms
That sounds good. If the court has not adjourned it and a court order has been made how can there be another hearing?
Should I have had papers from the court advising me of the hearing date.
There will only be another hearing if the court has adjourned it. This is what you need to find out tomorrow.
You should have had papers advising of the hearing date.
Also the solicitor has been writing to the other party of the mortgage but not at his address even
thought hey have it . Is that wrong on there part.
Yes, that sounds wrong on their part too!
Does this invalidate the hearing and the judgment? Will the court do something if I go in tomorrow which I can.
No, it doesnt invalidate the hearing etc. unless the court orders that it should. It might do this if you can show that the person was not at that address and that service of the documents was therefore invalid.
I have emailed the solicitor who is acting for ME that we were not notifed.
I meant as we did not have notification of the hearing does that not invalidate the hearing. Even if I got
the hearing date I would have told the other party but I did not get any correspondence from the court
It doesn't invalidate the hearing unless the court says it does. To do that, you need to apply to the COurt and ask it to set aside any order made as you had not received notice. You do that using Form N244 above.
So there is hope then. We are going to see the solicitor in the morning to get the transfer of equity expediated so can this happen with an order in place.
There is always hope!
Is there anything more you would like to ask me about this?
Is there anythingelse I can do tomorrow. Will it be ok to contact the ME solicitor has well
Yes, you can contact the ME solicitor and contact the court tomorrow. If the solicitors agree to set asideany order made by consent you will not need to make an application - they will sort it for you.
I doubt that after what I read about Mortgage Express antics on line today. They are total bastards.
Ah ..... well, you've nothing to lose by trying, and you should!
If you have to make an application, then so be it, the court will hear it within a few days usually.
that's great Thank you for your help. It has given me some peace of mind
You're welcome. Hope all goes well for you.