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my wife runs a care home a repossion order was issued over the property but agreement has been reached and the repossion which was set for tuesday 26th august is not taking place i have a letter to that effect from the other sides solicitor,cqc are taking this to court today i think to try and get the residents of the home moved i believe
what a hopeless service this is please reund my money i have received no response or advise
Apologies doe the delay I have been in Court.
Has she seen summonsed or is there are a Court order ordering attendance please?
it was this morning they left a letter with a member of staff but she still hasn't seen it,it was awarded against her without her being served the papers,the court were told this but they still awarded against her without her being able to file a defence or attend.
Ok - is this a County Court matter?
What was the hearing today for - possession?
nottingham magistrates court
For possession though right?
the posession order has been stayed its something cqc have alledged but not sure what as my wife never got the papers i presume some of it is to do with the repossesion order
Ok - I dont think it can be at the Magistrates Court though, it must be the County Court.
sadly the residents have been moved and the business closed they have given her 28 days to appeal, i phoned county court and they told me it was at the magistrates courrt
Ok - but it would be a County Court hearing.
What was the basis for the closing down?
Is there an enforcement notice or something that has been served?
because they didnt believe that the repossion had been stayed even though the other sides solicitor wrote to that effect
Ok - then you need to make an application to set aside that hearing.
That is because you thought that it would not go ahead on assurances.
So its not an appeal - its a set aside
Therefore you should apply to set aside the Order
You can therefore go back before a Judge and show the paperwork
Can I clarify anything for you about this today please?
no thankyou very upseting day but will try the set aside thanks
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