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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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A creditor has a charge on my property and has also secured

Resolved Question:

A creditor has a charge on my property and has also secured an order for sale. He now has obtained an eviction order from court. All of this took place in my absence as I was not living in the property before (it was rented out) and have only recently moved into the property. So I did not previously receive any notifications from the court about hearings, etc.

Upon doing some digging I have realised that I do not owe the money to this creditor. I am now preparing and appeal (Appelant's notice) so I'm given and opportunity to file my defence. Will this put the proceedings on hold, I mean the sale and eviction until my appeal application is dealt with?

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my nMe is Alex and I will help you with this.
Was there a ccj? If so, were you aware of the county court proceedings?
I don't mean the charge proceedings, just the main county court judgment proceedings?
Customer: replied 2 years ago.

Please see this question I asked a bit earlier for a bit of background:

http://www.justanswer.co.uk/law/92oal-appeal-county-court-order-made-nearly-18-months-ago.html

Expert:  Ash replied 2 years ago.
Yes. Have you appealed? Was there a hearing to set aside?
Customer: replied 2 years ago.

I am going to appeal this week. There was a hearing to deal with the application by the claimant for order for sale. The judge decided to deal with my application to set aside at the same hearing. I did not get a chance to submit my defence in writing. My application was dismissed. So I'm going to appeal.

Will this stop eviction and sale till my appeal hearing?

Expert:  Ash replied 2 years ago.
Why did you not file your defence before the hearing?
Did the judge say he did not consider that you had a realistic defence?
Customer: replied 2 years ago.

The court clerk advised me that once the application to set aside is made, there would be a letter from court about a hearing date. This would give me some time to prepare and submit my defence. But it did not happen like this!

When the judge asked me "what is going to be your defence?". I just said that I was in process of preparing my defence and wasn't yet ready to submit it. Which was the case. However, the judge decided to deny me a separate hearing to deal with my application to set aside and just dismissed my application there and then! I felt that I was treated unfairly. That's why I am appealing against that decision now.

Expert:  Ash replied 2 years ago.
I see. Have you asked for a stay pending appeal in your appellants notice?
Customer: replied 2 years ago.

I am in process of preparing my appellants notice. How do I ask for a stay pending appeal in the notice?

Expert:  Ash replied 2 years ago.
You have to do this on your appellants notice. You can't do it beforehand. Don't forget you also need to get a transcript of the hearing and you only have 21 days to appeal
Can I claorfy anything for you?
Alex
Customer: replied 2 years ago.

You mean by ticking the 'stay of execution' option?

Will this stay eviction and sale?

Expert:  Ash replied 2 years ago.
Yes. Does that help?
Alex
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

OK, just to clarify, after submitting the appellant's notice, I don't need to submit a separate N244 application to stay eviction. Is this correct?

Expert:  Ash replied 2 years ago.
Correct.
Alex
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex