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LondonlawyerJ
LondonlawyerJ, Solicitor
Category: Property Law
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Experience:  Experienced solicitor
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I have an eviction date today the judge did not grant me more

Resolved Question:

I have an eviction date today the judge did not grant me more time yesterday can I appeal. What are my options ?
Submitted: 3 years ago.
Category: Property Law
Expert:  LondonlawyerJ replied 3 years ago.

LondonlawyerJ :

Hello I am a lawyer with over 15 years experience. i will try to help you with this. Can you just tell me. Are the possession proceedings brought by your landlord or a mortgage company. When you say an eviction date do you mean that there is a date in a possession order you are required to leave by and the court has refused to suspend the date when the order takes effect. Or o you mean that a warrant for possession has been issued?

LondonlawyerJ :

I will be away from this site for the next our or so but should be available for the rest of the morning.

Customer:

Hello the eviction date is today this morning at 10am it is a warrant for possesion issued by the mortgage company SPML /Acenden

Customer:

The court has refused to suspend the order as it is the third time the mortgage company wan £12,400 before they will stop the eviction process

LondonlawyerJ :

So a warrant for possession has been ordered and you have applied to suspend it and this has been refused by the County Court.

Customer:

yes thats right

LondonlawyerJ :

I am afraid your options are running out. If you were not present at the hearing at which the possession order was made you can apply to set aside that order under Civil Procdure rule 39.3 or under the court's general case management poweres (CPR 3.1(2). (http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part39#39.3). Your ability to make this application would extend even after the eviction date. You should also have been given 14 days notice of the intended execution of the order under the Mortgage Repossession (Protection of Tenants) Act 2010. It seems unlikely that there is any effective right of appeal from the latest decision not to extend the time for execution of the warrant. Assuming this order was made by a circuit judge then appeal would lie to the court of appeal but as this decision was a discretionary one it is very unlikely in the absence of some form illegality by the Judge that any appeal would be successful. The costs would also be extremely high and you would very likely have to pay the other side's costs as well. I am afraid that unless there is a specific legal point you want to challenge on the decision then your options are running out. I am sorry to give you this answer but it is the correct answer I am afraid.

Customer: replied 3 years ago.
Ok but would it not be ok to ask for more time to sell the house privately as there is much equity in the property. I did write this in my application to the judge initially. But she did not read it. Can I appeal for this?
Expert:  LondonlawyerJ replied 3 years ago.
Did you make an actual application to the court on form N244to court and have a hearing to apply to suspend the warrant for possession?
Customer: replied 3 years ago.
Yes I did I had a hearing yesterday
Expert:  LondonlawyerJ replied 3 years ago.
Surely then you told the judge about the equity and your wish to sell it yourself?
Customer: replied 3 years ago.

I did indeed and appealled today and lost .. thank you for your help

Expert:  LondonlawyerJ replied 3 years ago.
It seems that you may have exhausted your options I am afraid.
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