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propertylawyer
propertylawyer, Solicitor
Category: Law
Satisfied Customers: 280
Experience:  Property Solicitor with expertise in commercial and residential property transactions.
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The Trusts of Land and appointment of trustees Act 1996 We

Customer Question

The Trusts of Land and appointment of trustees Act 1996
We have received a claim form for an order for sale of a property that is jointly owned , we want to contest it . We want to respond to the statement by the claimant ? We have returned the acknowledgement of service stating that we want to contest. we did have til Monday to do so. What I want to know is do we need to file our statement by Monday ?
Submitted: 1 year ago.
Category: Law
Expert:  propertylawyer replied 1 year ago.

Hi Glenda

Thanks for your question.

Very simply, as you filed an acknowledgement of service within the requisite period you now have to serve a 'defence' within 28 days of service of the claim (assuming a particulars of claim was served with the claim form).

I hope this helps.

Do let me know if you have any queries.

Please accept /positive rate my reply.

Kind regards

Paul

propertylawyer and other Law Specialists are ready to help you
Customer: replied 1 year ago.
We are contesting the Claim with Not been Issued with an Order for Sale ? We feel we have grounds as we would be homeless. Why we were not given any advice as to what happened next?
We received a Claim form N208 and a Claimant Witness Statement, we want to respond to the Claimant's Statement as our defense, would that act as our Defense ?
Customer: replied 1 year ago.
Hi Paul,
Are you able to respond to my last query ?
Glenda
Expert:  propertylawyer replied 1 year ago.

Your question was about timing of your response. Not knowing the date I told you the time period in which you need to respond.

You are now asking a separate question as to what your defence should be. A question I am not in a position to respond to without full facts of the matter and details of the claim. I have no information to advise you further.

Expert:  propertylawyer replied 1 year ago.

Do any minors live at the property with you?

Customer: replied 1 year ago.
No
Expert:  propertylawyer replied 1 year ago.

Ok. You need to consider that the Judge must take into account the following issues when deciding the claim:

The intentions of the parties in relation to ownership of the property;

The purpose for which the property was acquired;

The welfare of any child who has (or who might be expected to have) their home in the property, and

The claimant of any secured creditor (such as a mortgagee) or any other person or organisation with a claim to the property.

After reading the documents, hearing the evidence and considering the legal arguments, the Judge will give his or her decision (the Judgment). The Judgment has to explain the reasons for the decision taken. If the facts were disputed, the Judgment should say what the Judge found them to be. It should set out the legal principles that are relevant and how the Judge applied them to the case.

Customer: replied 1 year ago.
Paul
Thank You for your help
Glenda
Expert:  propertylawyer replied 1 year ago.

Good luck