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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Order granted under section 21, Dec 2014 (defendant

Customer Question

Order for Possession granted under section 21, Dec 2014 (defendant ex-partner but tenant appealed so attended hearing) - judge allowed 28 days for him to vacate as holiday period. Defendant appealed and I received a general form of judgement or order (N24) form stating that he would need to present a bundle by 10.03.15 and court without hearing on 17.03.15. Contacted bailiffs who were meant to attend on the 03.02.15 and advised of appeal and to 'suspend' attendance to property. To date even though contacted courts on numerous occasions no judgement made (even though bundle not submitted so original order should be upheld). Sent request (N244) for case to be struck out as still no response. At another court case on 20.04.2015, he has a money claim against me he has stated that he left the property in January 2015. Sent email requesting enforcement of original order and bailiffs to attend, nearly four weeks later after further numerous calls they have sent me email on 14.05.15 to complete an application form ,no number. Rang them on 15.05.15 asking which form and one lady said its the N445 form (re-issue of warrant) and the other lady thinks I need to do N325 and pay again for execution of warrant. Any advise???
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
Do you want to suspend the warrant is that right?
Customer: replied 1 year ago.
No, I want to enforce the warrant.
Expert:  Ash replied 1 year ago.
Is there a live warrant?
Customer: replied 1 year ago.
Execution of warrant for possession done in January 2015, bailiffs to attend 3.2.15. Received order that defendant appealing judge decision 21.01.15 and that possession order from December 2014 is stayed pending the final resolution of appeal. Called bailiffs and notified them that it needs to be suspended a defendant to appeal judge decision. Decision of whether he can appeal should have been made 17.03.15 no bundle submitted and nothing on system with court outcome, called numerous of times and emails. Attended different court hearing 20.04.15 when he stated he had already moved out since January. Email sent to courts to re-enforce order but conflicting as to which form to complete. Apparently can't just go and change locks and need bailiffs to attend. Which form to complete (as per first message). This may be classified as a live warrant
Expert:  Ash replied 1 year ago.
Was the Appeal dismissed or adjourned?
Customer: replied 1 year ago.
Court officers keep saying that there is no update on the system (decision should have been made 17th March). So sent Application form (N244) on 2nd May requesting for it to be struck out, especially since he told another court that he had moved out already (I have proof).
Expert:  Ash replied 1 year ago.
It would be form N244 yes. Nothing else.
As you have made a formal application it should go before a Judge and get the ball rolling. Save for the form n244 there isnt a lot else you can do at this stage.
But issuing an application gets it before a Judge.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
please view original question and information submitted, I would like to re-enforce the execution of warrant. Do I complete N445 form or start again and complete N325 form.
Expert:  Ash replied 1 year ago.
You can use form n244 to revive it or use form n325 for another one,
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n325-eng.pdf
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Are you sure N244 form to revive warrant as it states the following when I done search and I don't want it to be set aside I want to enforce the original warrant of eviction;
You can complete the N244 form, to apply for an order to set judgment aside.
The courts originally said N445 form, are they as confused as me.
Expert:  Ash replied 1 year ago.
Yea if you want to reissue you can use n445
You can ask to enforce on n244 or reissue the warrant of n445
Alex
Expert:  Ash replied 1 year 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

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