Help needed with N244 to set-aside Possession order

[Malibu1]

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?

[efpom]

Of general interest.

–True it is that the default position is that that a bailiff must give 14 days notice to the occupier(s) of his intention to evict them.

However, the court has discretion to shorten, lengthen, or dispense with the requirement to give any notice. –
r. 83.8A Civil Procedure Rules 1988, as inserted by r. 16 Civil Procedure (Amendment No. 3) at 5.

https://www.legislation.gov.uk/uksi/...rticle/16/made

[Malibu1]

Please could anybody answer my questions above about evidence? Thank you

[Malibu1]

Is there any specific deadline I need to send evidence such as CCTV and photographs to the court before the set-aside hearing?

And how do I do that? Do I simply email videos/photos to the court?

Anyone?

[efpom]

Of general interest:

A set aside hearing is not a trial of the issues. It is a hearing to determine whether an applicant who did not attend the trial is entitled to have an Order made after or during a trial, quashed.

There are only two possible outcomes – Either the Order is quashed or the Order remains in force.

A set aside hearing of an Order made by the court usually takes no more than 10 or 15 minutes. It is governed by CPR 39.3 under the heading Failure to attend the trial at 39.3(3)

https://www.justice.gov.uk/courts/pr...l/rules/part39

[Malibu1]

So what steps exactly can I take between now and the hearing in order to have the best possible chance of having the possession order set-aside?

The court have not received any of my evidence, other than my defence, witness statement and some medical evidence. I feel I should submit some additional supporting evidence before the hearing.

Am I allowed to do that ?

[Malibu1]

Are the court expecting me to submit further evidence to support my application in advance of this hearing ?

Please help with clear guidance as to what I should do?

Also, I would not be able to able to attend to the hearing in person on health grounds - So what are my options in regard to this?

[Malibu1]

Could anybody other than Efpom help with this, as information solely for general interest is not very helpful for me.

Could anybody possibly help with clear guidance and steps for my hearing and evidence etc?

I would appreciate any help with this. Many thanks

[Malibu1]

I don't feel efpom is the right match for me in terms of seeking help on this forum.

Efpom, I appreciate your replies, but I am not posting on here solely for the entertainment of others, to watch me suffer trauma, of potentially losing a roof over my head, or to be used by you to post links for generic information to other readers, which is not relevant, or helpful, to my situation. Are you a friend of my landlords?

Could anybody else please help ?

[Malibu1]

Efpom mentioned having personal experience of facing homelessness at the age of 15.

If Efpom, as a legal professional, is having such difficulty assisting somebody else in this position, who is not 15 years old, then I would highly recommend they seek professional help, and this is also of generic interest to other readers also facing this position:

Counselling - NHS (www.nhs.uk)

Is anybody else possibly able to help with my personal situation?

[islandgirl]

Being rude to very well respected members of this forum will not encourage others to give advice even if they are able. I am shocked by posts 54 / 55 and expect I am not the only one,

[Malibu1]

Likewise - I did not come on this forum to be repeatedly ignored and insulted, which is only causing further undue stress, to what is very clearly already an extremely stressful situation.

I am not the one being rude, and if your 'respected members' who are so called legal professionals can offer no helpful advice, then I will leave the forum quite happily .

[Malibu1]

If nobody will answer my questions, or offer any helpful guidance, I am no longer willing to post on this forum, solely to be ignored / and or bullied by your arrogant 'respected memebers'. Shameful!

[Malibu1]

You have done absolutely nothing so far to help me with this situation and have treated me with discrimination and derision. I think I will seek help elsewhere . Yours

[Malibu1]

How DARE you wag you ignorant, judgmental little fingers at me! Your forum is EMBARRASING and an ABSOLUTE DISGRACE.

How DARE you cause a vulnerable person so much stress !

I have seen how you have treated other posters on here also. You will NOT be getting any further updates from me on this matter and let me assure you, your abuse will not be tolerated .