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mitsu8
Junior Member
272 Posts |
 Posted - 13 January 2010 : 19:33:49
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| hi i now have a court date of feb 8th for repossession.this is the first date.what will judge grant on this day as im not contesting it and hopefully secured rental now.just to confirm its ok for me not to turn up .how many days will it be before eviction day even though we will be gone before thanks |
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Housing
Senior Member
United Kingdom
1399 Posts |
Posted - 13 January 2010 : 20:59:26
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hi mitsu8,
If I recall from earlier posts, this is the first charge lender seeking an order and you have been to the local authority housing department and they are going to assist you.
I am of the view that you should go to the hearing. That having been said, do not go through something that is going to stress you too much.
The lender will have their agent appear in the county court and they will be instructed to obtain an order for possession. They will, in all probability, get an order, suspended on terms. Those terms may be forthwith, 14, 28 or a maximum of 42 days (6 weeks) - not likely to be forthwith these days.
That means that the lender can, after the period of suspension go back to the court and obtain a warrant of execution. (An eviction order in other words).
The hearing is nothing to worry about. It will be in the District Judges chambers (an office) - no wigs or gowns these days and the DJ will ask the lenders representative what they are seeking and then you would get the opportunity to put your case - all very civilised and you will be put at ease by the judge - he/she will have some support for your case - they tend to dislike lenders these days!! Pressure from government etc
You can arrive at the court and seek free advice from the duty officer in the court - that may be a solicitor, a law centre adviser, the CAB or the Shelter office or someone from the local council and they will be happy to put your case to the judge. - It may be to your advantage to be there and then you can make an appointment to see the Homeless Persons Officer again at the council to see what they are going to do. (If I recall, you had a good feeling and the council would be in a position to assist you).
As I said, they have a duty to offer advice and assistance and if you are in one of the 5 "Priority Need" categories, they may well have a duty to assist you with rehousing.. That is why I feel you may be advised to attend.
In discharging any duty they may have in law towards you and your family, (the council) could be offering you any of the following: assistance with a council property, a temporary property, or assistance in the private sector - an assured shorthold tenancy.
They may be able to assist you with a deposit/bond for the private landlord if that is their decision on discharging their duty.
I wish you well and please post back if you want to share some ideas/options beforehand. I will be on the forum again tomorrow and there is quite a bit of time to share ideas between now and the hearing date.
Regards, Richard
"Life is generally something that happens elsewhere" (Alan Bennett - author and hero of mine!!) |
Edited by - Housing on 14 January 2010 10:08:47 |
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Richard P
Senior Member
United Kingdom
1701 Posts |
Posted - 13 January 2010 : 22:07:56
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Richard and mitsu
Am I right in thinking that it is really at the DJ discretion as to the time frame, if you are not at court it is likely to be a shorter time frame.
On one of my appearances at court, i gave reason and justification and the judge awarded 56 days
Mitsu if you have not secured alternate accomodation go to court with a pre written letter, then you or representitive can read it to DJ it will save on the nerves and getting tongue tied.
good luck regards Richard |
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Housing
Senior Member
United Kingdom
1399 Posts |
Posted - 13 January 2010 : 22:42:22
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Hi Richard,
Home again....enjoyed the snow!
the DJ has the power to give up to six (6) weeks. From my experience the norm is 28 days - in the old days, a County Court Judge (that shows my age) in an "Open Court" would often make an order forthwith so the Plaintiff could go straight for an application for a warrant of execution. These days the politicians have more influence - reducing repossessions where possible.
If I recall on earlier postings mitsu8 confirmed that they were resigned to giving up home ownership - so went to the council straight away as I had suggested and the council appeared to be reponsive.
I am a firm believer that a DJ is likely (not guaranteed) to give a bit more time within their gift to assist the defendant. It is not as stressful these days - in bygone days, the County Court Judge was very very powerful - the DJ (previously a Recorder) is more likely to assist where they see it appropriate to do so. (That is simply my observations)
Whatever mitsu8 does, must be what they are comfortable with - but again, I emphasise there is free "on the day" advice for them
regards, Richard
"Life is generally something that happens elsewhere" (Alan Bennett - author and hero of mine!!) |
Edited by - Housing on 14 January 2010 10:11:35 |
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Richard P
Senior Member
United Kingdom
1701 Posts |
Posted - 14 January 2010 : 12:41:10
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| thank you for clarifying |
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Niobe
Administrator
United Kingdom
4590 Posts |
Posted - 14 January 2010 : 14:41:57
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Excellent advice as usual from Housing.
Buckle your seat belt Dorothy, 'cos Kansas is going bye bye.
Jan
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mitsu8
Junior Member
272 Posts |
Posted - 14 January 2010 : 16:30:40
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| hi thanks for replies.my situation is once i been to court we go from band 5 to 2 once the order is passed with the council.i also can have a 3bed private rental that is available april 14th ish.this is ideal property for us as its 200 yards from where we live now so ideal still for wifes work and schools.would we still be in this house for that date or are we evicted before then as court is 8th feb.thanks |
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Housing
Senior Member
United Kingdom
1399 Posts |
Posted - 14 January 2010 : 19:15:07
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Hi again,
That sounds promising - I am pleased to see the council is looking to assist you.
It is my view as I have said on many occasions that it is better to attend the hearing and again, you can obtain expert advice at the court - simply arrive 15 - 20 minutes before the time on the summons.
I wish you well and be strong, Richard 
"Life is generally something that happens elsewhere" (Alan Bennett - author and hero of mine!!) |
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repossession
