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Thank you for the replies.
So to clarify then, the hearing of application to set-aside is a little over 1 month away, but it's possible in the meantime that I could still receive a 14-day bailiff notice before the hearing?
And if that happened and I had still not managed to secure another property and move out, then I would need to also file a N244 application to suspend the bailiff warrant?
Just so that I can get a better understanding of my possible chances of the possession order being set-aside, does the fact that there is a hearing for my application mean that I have a reasonable chance of success? Or are the court obliged to always set a hearing date anyway for any set-aside application? Any optimism would be greatly appreciated.
So what do I need to do in terms of submitting my supporting evidence? At the moment, none of my evidence, such as CCTV, photographs, emails, Police records etc have been submitted, although it was mentioned in my original defence and also my subsequent witness statement that this evidence exists. The only evidence I have sent to the court so far is my written defence, a 7 page witness statement and a doctors letter.
There are no instructions from the court regarding when this evidence should be submitted. Do I have to specifically ask for permission to file such evidence, or am I supposed to submit all evidence before the hearing for the set-aside application? If so, is there any specific deadline before the hearing date that I should submit this?
And would I have to re-write a witness statement annexing the exhibits of evidence?
I would also like to add information (and evidence) of the most recent harassment and threats from the letting/managing agents, such as them turning up at the property to try to force me themselves to leave. How would I present this new information? Do I simply amend / add to my witness statement, or would I have to ask the court for permission to amend?
Also, I made reference in my original defence of my wish to counterclaim for damages, but did not set out any specific counterclaim. I would like to claim for return of my security deposit, financial losses, injuries and damages caused by illegal pesticide spraying, and special punitive damages for harassment, unlawful eviction and mental distress etc. How do I present that? Do I need specific permission from the court to file a properly pleaded, or amended defence and counterclaim? Or is it implied that I already have permission to do that?
Do I need to send all of my evidence before the set-aside hearing date, or would that be at a subsequent hearing, in the event that the possession order is set-aside?
So to clarify then, the hearing of application to set-aside is a little over 1 month away, but it's possible in the meantime that I could still receive a 14-day bailiff notice before the hearing?
And if that happened and I had still not managed to secure another property and move out, then I would need to also file a N244 application to suspend the bailiff warrant?
Just so that I can get a better understanding of my possible chances of the possession order being set-aside, does the fact that there is a hearing for my application mean that I have a reasonable chance of success? Or are the court obliged to always set a hearing date anyway for any set-aside application? Any optimism would be greatly appreciated.
So what do I need to do in terms of submitting my supporting evidence? At the moment, none of my evidence, such as CCTV, photographs, emails, Police records etc have been submitted, although it was mentioned in my original defence and also my subsequent witness statement that this evidence exists. The only evidence I have sent to the court so far is my written defence, a 7 page witness statement and a doctors letter.
There are no instructions from the court regarding when this evidence should be submitted. Do I have to specifically ask for permission to file such evidence, or am I supposed to submit all evidence before the hearing for the set-aside application? If so, is there any specific deadline before the hearing date that I should submit this?
And would I have to re-write a witness statement annexing the exhibits of evidence?
I would also like to add information (and evidence) of the most recent harassment and threats from the letting/managing agents, such as them turning up at the property to try to force me themselves to leave. How would I present this new information? Do I simply amend / add to my witness statement, or would I have to ask the court for permission to amend?
Also, I made reference in my original defence of my wish to counterclaim for damages, but did not set out any specific counterclaim. I would like to claim for return of my security deposit, financial losses, injuries and damages caused by illegal pesticide spraying, and special punitive damages for harassment, unlawful eviction and mental distress etc. How do I present that? Do I need specific permission from the court to file a properly pleaded, or amended defence and counterclaim? Or is it implied that I already have permission to do that?
Do I need to send all of my evidence before the set-aside hearing date, or would that be at a subsequent hearing, in the event that the possession order is set-aside?
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