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Help with suspended possession order
newto
Posts: 3 Newbie
This is a long one and I will try and keep it short. I don't really know where to start or what to do next.
I am trying to help out a family member who fell into arrears with his loan secured on his property.
A suspended possesion order was granted in December with a review to be held in 3 months time.
When the review in March was due to be heard a member of my family asked me to help after they had been looking through the statements etc and felt that things didn't look right.
I went to the hearing with them ready to dispute the figures and the judge stated that they didn't have time to hear it as the hearing had only been allocated 5 minutes as it was only listed as a review hearing. They made an order that we were to submit a witness statement and then another hearing allocating more time would be listed.
After submitting the witness statement, the claimants solictors are now trying to get the witness statement struck out as judgement has already been made.
Should we be applying to have the judgement set aside with the evidence we have submitted in the witness statement or should we continue as it is. It is listed for a hearing on 24 June and I don;t want the judge to agree that yes judgement was made and should stand if I we should have gone about it a different way beforehand.
I am trying to help out a family member who fell into arrears with his loan secured on his property.
A suspended possesion order was granted in December with a review to be held in 3 months time.
When the review in March was due to be heard a member of my family asked me to help after they had been looking through the statements etc and felt that things didn't look right.
I went to the hearing with them ready to dispute the figures and the judge stated that they didn't have time to hear it as the hearing had only been allocated 5 minutes as it was only listed as a review hearing. They made an order that we were to submit a witness statement and then another hearing allocating more time would be listed.
After submitting the witness statement, the claimants solictors are now trying to get the witness statement struck out as judgement has already been made.
Should we be applying to have the judgement set aside with the evidence we have submitted in the witness statement or should we continue as it is. It is listed for a hearing on 24 June and I don;t want the judge to agree that yes judgement was made and should stand if I we should have gone about it a different way beforehand.
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