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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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The Court has allowed a finance company a possession claim

Resolved Question:

The Court has allowed a finance company a possession claim for my £300,000.00 property against a £3000.00 disputed claim that is currently under review by the Financial Ombudsman.
I produced evidence of the Ombudsman's involvement but the Court has ignored this and made the award regardless.
The possession eviction order is dated 6/11/15 so don't have much time...
How do I stop this miscarriage of Justice?
M.G.Bartram (Mr)
07850 601220
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
Did the judge suspend the order or was it outright please?
Customer: replied 1 year ago.
Judge did not suspend order
Expert:  Ash replied 1 year ago.
Ok. I would therefore pay the £3000, that will end the possession order.
Then you can deal with the ombudsman and if they rule in your favour claim that £3000 back from the lender. But at least this means your property is safe. It does not mean you admit liability.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
I don't have a copy of the Judgement only the Order for Possession
In Court the Claimant discussed costs but not put a figure to this so they might not settle for £3000, they may then want to add their costs as well which I could not afford. Can they claim costs if they were not part of their submission Also I'm going to struggle to find £3000 by Nov, can I reasonably make them an offer ?? say £2000 this month 1000 next ?
Expert:  Ash replied 1 year ago.
The court will set out if costs are claimed. If not then you don't have to pay them. What you need to do if they won't accept the monthly payment is apply to vary the order. That vary it and allow you to make monthly payments.
Is that ok?
Alex
Customer: replied 1 year ago.
Who do I approach and what forms do I need to complete (N244 ?)...
I need to get the Court to suspend this order so that a payment can be made to the claimant (the issue being that if he delays in accepting payment the eviction order would go ahead)
Expert:  Ash replied 1 year ago.
N244 yes. You can ask the court to suspend the order. Technically it's an appeal because there was a hearing, but go down the vary order route first.
You can make an application to vary, if that does not work application to suspend.
Does that help?
Alex
Customer: replied 1 year ago.
What do I actually write on the N244 form when it askes what I'm applying for ...I appreciate this is a pain but not used to filling in these forms...
Expert:  Ash replied 1 year ago.
You put you are seeking to vary and or suspend the order and the reasons why. If you can show that you can pay off the arrears within a reasonable time the court should suspend it.
Does that clarify?
Alex
Customer: replied 1 year ago.
Yes thanks ....
Goodbye..
Expert:  Ash replied 1 year ago.
Good luck.
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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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