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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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A county court has issued an ORDER FOR POSSESSION of my friends

Resolved Question:

A county court has issued an ORDER FOR POSSESSION of my friends property who happens to be abroad (even at the time of court hearing) and I have no contact were he is. Before the order was issued I had paid all arrears myself claimed on his mortgage being claimed by the Bank of just under £2000 in form of a Banker's Draft and I have proof that it was received by the bank just about 3 hours before the court ruling.
How do I stop this repossession when the court and the Bank's Solicitor's had received by fax and email proof of payment before hearing date.
Richard
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know whether you have any contact with your friend and how long has he been away please?

Customer:

Have contact but it does not work. He has been away since May 2013. Am told from unconfirmed reports that he had a serious accident and he was in a coma. I can not authenticate this but I told so at beginning of this year

Alex Watts :

Ok - sadly the agreement is between your friend and the bank

Alex Watts :

You could apply to be an intervener

Alex Watts :

That is intervene in the proceedings as the tenant

Alex Watts :

You would need to complete form N244 and make a formal application

Alex Watts :

This is found at:

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf

Customer:

ok. Will my evidence on application likely to be accepted bearing in mind that the original cause for the possession order(arrears) were cleared before the hearing

Alex Watts :

You can also ask in the alternative

Alex Watts :

Mortgage Repossession (Protection of tenants) Act 2010.

Alex Watts :

Gives you a 2 month stay before any eviction can take place.

Alex Watts :

If the original arrears and COSTS have been paid then the original application for possession be dismissed

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

No thanks will try that.

Alex Watts :

Can I help with anything else today?

Customer:

NO THANK YOU

Alex Watts :

Great. If I could invite you to rate my answer before you go. The button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

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