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Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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not been issued court papers phone call recieved last night

Customer Question

not been issued court papers phone call recieved last night 5pm informing me my wife was needed in court today,my wife is on holiday and not due back for a couple more days
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is Alex and I will help with this.
Alex Watts : What type of matter is it please?
JACUSTOMER-3s6p33zk- :

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

JACUSTOMER-3s6p33zk- :

what a hopeless service this is please reund my money i have received no response or advise

Alex Watts :

Apologies doe the delay I have been in Court.

Alex Watts :

Has she seen summonsed or is there are a Court order ordering attendance please?

JACUSTOMER-3s6p33zk- :

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.

Alex Watts :

Ok - is this a County Court matter?

Alex Watts :

What was the hearing today for - possession?

JACUSTOMER-3s6p33zk- :

nottingham magistrates court

Alex Watts :

For possession though right?

JACUSTOMER-3s6p33zk- :

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

Alex Watts :

Ok - I dont think it can be at the Magistrates Court though, it must be the County Court.

JACUSTOMER-3s6p33zk- :

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

Alex Watts :

Ok - but it would be a County Court hearing.

Alex Watts :

What was the basis for the closing down?

Alex Watts :

Is there an enforcement notice or something that has been served?

JACUSTOMER-3s6p33zk- :

because they didnt believe that the repossion had been stayed even though the other sides solicitor wrote to that effect

Alex Watts :

Ok - then you need to make an application to set aside that hearing.

Alex Watts :

That is because you thought that it would not go ahead on assurances.

Alex Watts :

So its not an appeal - its a set aside

Alex Watts :

Therefore you should apply to set aside the Order

Alex Watts :

You can therefore go back before a Judge and show the paperwork

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-3s6p33zk- :

no thankyou very upseting day but will try the set aside thanks

Alex Watts :

Great. Does this answer the question for you today?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.

If the system won’t let you please click reply.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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