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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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A warrant of possession/eviction is due to be executed on the

Customer Question

A warrant of possession/eviction is due to be executed on the 22nd of January. I am submitting an N244 to have the eviction suspended and am submitting evidence that I will be able to pay the mortgage from this month onwards as my financial situation has improved.
If my N244 application is rejected, what are my options? Can I appeal? And if yes, what is the procedure for this?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this,
Alex Watts : Over how many months can you discharge the arrears?
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.
I had agreed at the last hearing in October 2014 to pay £500 on top of my monthly payments of £752. The total amount of arrears was £16,300 and the remaining term is about 14 years.
However, I could not make any payments until December as my employer didn't pay my salaries on time, and the lender issued another warrant of eviction, eviction date is 22nd of January.
My employer did eventually pay me this week and I then paid the lender the agreed amount for October, November, December and January.
I have now submitted an N244 to stop eviction and the hearing is scheduled for tomorrow, one day before the eviction date.
However, I'm worried that the judge might not believe my story and dismiss my application.
What are my options if my application is dismissed? Can I appeal? And if yes, what is the procedure for doing so?
Expert:  Ash replied 2 years ago.
So you are now on time with the arrears?
Was the initial order for possession suspended?
Customer: replied 2 years ago.
Yes the initial order was suspended
Expert:  Ash replied 2 years ago.
Ok, so you are not up to date with the arrears?
Customer: replied 2 years ago.
Yes but not paid on time. Paid very late, this week.
Expert:  Ash replied 2 years ago.
Ok. Well as long as payments are up to date the Court is likely to suspend the warrant.
If the Judge does not you can appeal yes.
But that must be to a circuit judge
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.
The hearing is tomorrow at 2pm and the eviction is the day after at 9am. This gives me just hours to appeal. What should I do to ensure that an appeal is lodged swiftly. What forms do I need to submit an dwhere?
Expert:  Ash replied 2 years ago.
N161
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n161-eng.pdf
Alex
Customer: replied 2 years ago.
Please see my original question, which was, can I appeal and what is the procedure? You have now answered the first half of my question, but the second half, i.e. procedure, there is hardly any information given to me about this....
By procedure I meant, where do I need to submit the appeal form (county court or high court, etc), when will I hear from the court about the appeal hearing, what happens to the eviction scheduled for the 22nd of Jan once I've appealed, etc.
Expert:  Ash replied 2 years ago.
You fill in the form, hand it to the desk at Court, pay the court fee.
It then goes before a Circuit Judge. It may be the same day or you are given a later date.
That is it.
Alex

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