Court - Accelerated Possession - I have no paperwork

[Deleted User]

My LL is evicting me. I am seeking housing from the council. They have been very upfront, they won't do a thing until I am in receipt of a bailiff's warrant.

The LL has just phoned me to say he went for accelerated possession a week ago. I received no notification of this. He says it was granted and he received paperwork saying this. I have received nothing.

Is this possible? How do I start locating the paperwork. The LL is going to email a scanned copy of what he has but I don't even know if the council will accept this, so I prefer going to the court with the copy and asking for my originals.

Don't know how this can happen.

BTW a lot less than the 6-10 weeks for a court date..,took two weeks apparently and case over. I wasn't going to fight it but I do really need the paperwork. I would expect to be notified.

Can I phone the court (presumably its a magistrates court action), give my name and ask about the paperwork? I now know the possession order, been told it gave me two weeks, but no idea when this all happened except for the vague 'a week ago' the LL's told me.

I've just googled and found out accelerated possession is provided by a County Court.

Pixie5740

Is it possible your landlord went to the High Court instead?

G_M

Ask your LL which court it was, then ring them.

[Deleted User]

The LL has given me his copy, I've copied that. Its addressed to him obviously so no use to me. Definitely Dartford County Court.

I keep ringing to be told 'no operators available'.

Should I go there. Do I need ID (I have no passport).

Yes I am named as Defendant.

Guest101

Were you named as a defendant on the court order?

[Deleted User]

Ok, managed to get through, the court are sending me a copy first class, hoping i get that. Should have checked they have the right address. They said it was sent first class but I haven't received it.

Yes I am named as defendant.

I suppose I just wait to see if I get a copy this time. Horrible process.

Just goes to show when u see these things on TV and the person in the house says I didn't get any paperwork, it can happen.

Cost = £280.., and that's without the bailliff's warrant/fees still to come. Loving it.

Guest101

deannatrois wrote: »

Ok, managed to get through, the court are sending me a copy first class, hoping i get that. Should have checked they have the right address. They said it was sent first class but I haven't received it.

Yes I am named as defendant.

I suppose I just wait to see if I get a copy this time. Horrible process.

Just goes to show when u see these things on TV and the person in the house says I didn't get any paperwork, it can happen.

Cost = £280.., and that's without the bailliff's warrant/fees still to come. Loving it.

Presumebly you got the s.21 notice?

It's strange to not receive either the claim form or the order?

Deposit protected correctly?

[Deleted User]

Yes I have the S21.

What I have is the LL's Notice of Issue (Accelerated Possession Order). In my panic I assumed it was a full possession order.

It looks like I should have received something asking if I have a defence so this isn't a possession order. The official possession order comes next depending on my defence (not that I have one). There is a tear off strip the LL has to send off saying I haven't made a defence and asking for the possession order to be made. But I'm only going by what the LLs gave me.

I have nothing else.

Deposit is protected.

Have to stop for a bit.., going hypo badly as I write.

thesaint

deannatrois wrote: »

Just goes to show when u see these things on TV and the person in the house says I didn't get any paperwork, it can happen.

Not quite.
The people on the show generally say that the first they know about the possession is when the bailiffs turn up at the door.

[Deleted User]

Well I am definitely missing a rather important piece of paper and wouldn't have anything if the LL hadn't phoned. I probably won't receive the copy in time to ask for an extension. So unpleasant process made worse.

Having not received one rather important document, I can understand why people say they haven't got any. Remember if the LL goes for eviction by High Court Sheriff, no further paperwork is issued, the tenant 'should' just get the possession order. And of course, they get told by the council to wait for the bailiff paperwork (as I have).., which they won't receive if Sheriff's are appointed.

I don't think my LL will go this route.., but what if he had and I didn't even know the possession order had been applied for let alone granted? Now I can believe that can happen. I've already been robbed of any chance of defence (if I had one, I know a S21 isn't defendable), or asking for a later date. And will be paying £280 for the joy of the process (so far).

G_M

deannatrois wrote: »

Ok, managed to get through, the court are sending me a copy first class, hoping i get that. Should have checked they have the right address. They said it was sent first class but I haven't received it.

.

I would ring back and check the address.

Do you share a letterbox (ie in a block of flats)? Might someone else have taken/chucked the letter?