N244 Application to set-aside Possession Order & Bailiff Eviction notice received

[Legallyblond]

Please help Urgently...

I recently had a possession order made against me. I am a LIP and unrepresented and was unable to attend the possession hearing on medical grounds, so possession order was made in my absence. I applied to attend the hearing remotely via video link CVP, but this was refused.

I previously filed medical evidence in the form of a sick note from my GP, but this was unsatisfactory for the court and they stated that a letter from a doctor was required, specifically stating that I was not able to physically attend the court building and that I could only attend remotely via CVP. I was not able to provide the court with this specific medical evidence in time for hearing, due to difficulties securing a GP appointment for this.

The date I received notice of the possession order in the post meant that there were only 7 days left to vacate the property. I have filed a N244 application to set-aside possession order and included a Doctors letter stating that I am only able to attend hearing remotely via CVP. My N244 application was filed 2 weeks ago and have received no further correspondence about this, other than acknowledgment of receipt.

I have now today received notice of eviction by bailiffs, but still no decision from my application to set-aside possession order.

What do I do now? Do I have to file a separate application to stop the bailiff eviction, until my previous application is processed?

If so, please could somebody help with application?

[Huxie]

I can’t help directly, unfortunately, but to perhaps aid those volunteers that may be able to assist, can I just enquire as to whether you have previously posted on the forum about the current (or possibly previous) eviction proceedings?

[atticus]

What were the grounds on which the possession claim was made?

[Legallyblond]

Sorry but I am really struggling to think clearly at the moment and find it difficult to answer lots of questions or to try to explain in more detail. I am very unwell at the moment and suffer from chronic mental and physical health conditions and have had to spend the last 6 days and nights trying to fight just to get a basic medical prescription. My health conditions are being severely worsened by this situation and also the Bailiff eviction notice received today.

I hope this helps - This is what I wrote on the N244 application 2 weeks ago to set-aside possession order. I also included a Doctors letter with this. The court responded by saying that they had received application and that they would send copy of this to the claimant, once directions had been provided by the Judge. I have heard nothing more from this, but have today received Bailiff eviction notice: Please could somebody advise if I now need to make further application to stop Bailiff eviction and if so, please could somebody help me with the application. This is the application I made 2 weeks ago.

What order are you asking the court to make and why?


An order that the possession order in this case be set aside, extension of time and permission for the filing and service of a properly pleaded defence and counterclaim, supporting evidence and statement in response to the claimants various allegations made in their statements, because the defendant is not yet in a position to finalise, file and serve its defence, statements and full supporting evidence.


What information will you be relying on, in support of your application?


(the evidence set out in the box below)

If necessary, please continue on a separate sheet.


By an order of the court dated 2 November 2023, from a hearing that I attended via CVP, it was ordered that I was to provide a witness statement relating to my health conditions, which I did. The Judge also stated that I could apply to attend further hearing remotely via CVP if I wished to do so.

I have since made several requests to attend further hearing via CVP, before further hearing was listed, after it was listed and also on 29 May 2024, all of which were either not actioned, or refused.

By an order of the court dated 15 January 2024 it was ordered that I am to provide further medical evidence / Doctors letter to support any further request to attend hearing remotely via CVP. I was not able to provide this to the court in time for hearing due to difficulties securing a GP appointment, which is beyond my control. It was also ordered that no further evidence can be filed without permission of the court and that I had not formally made a counterclaim or paid any fee for this.

I did make a Counterclaim with my initial Defence filed and also an application for help with fees. I have not been able to file a further more detailed / properly particularised Defence/Counterclaim since then due to ill health and due to permission from the court being required to file any further evidence. I have also sought legal aid and have been unable to obtain legal assistance/representation.

I was unable to physically attend the court building for hearing on 30 May 2024 and my further request to attend the hearing remotely was refused and a possession order was made in my absence, along with an order to pay £6535.00 for claimants legal fees. I received copy of the order dated 3 June 2024 by post on 6 June 2024.

I would like an opportunity to fully address the various allegations made by the claimant, all of which are denied, and to provide all of my supporting evidence. Some of my supporting evidence in relation to my defence and counterclaim is from third parties and is not yet available.

I am a litigant in person and unrepresented so therefore it is taking longer than expected to finalise and serve the defence, counterclaim, statements and supporting evidence within the required time. There are a number of matters in dispute involving a number of allegations against the Claimant, and so I would like to ensure that they are properly pleaded within my defence and counterclaim and supporting evidence and seek the relevant permission required from the court to file this.

I have attached a letter from my GP as further supporting medical evidence, which was not possible to provide any sooner.

I ask that the court grant an adjournment of possession hearing and maximum extension of time possible in the interests of fairness and the overriding objective.

[islandgirl]

As previously requested we need to know why the order was granted - was it a S21 or S8? Are there rent arrears? Why were legal fees so huge? Sorry to ask so many questions but experts here will need to have more detail in order to try to help. Have you contacted Shelter?

[Huxie]

Apologies in advance if I’m wrong but I’m getting definite Malibu1 DMC24 Neptune vibes here.

[Huxie]

https://legalbeagles.info/forums/for...ssession-order

https://legalbeagles.info/forums/for...jury-liability

https://legalbeagles.info/forums/for...-month-tenancy

[Legallyblond]

Apologies in advance if I’m wrong but I’m getting definite Malibu1 DMC24 Neptune vibes here.

Huxie, I don't know why you felt the need to post this. Yes I have had previous usernames for previous legal issues, and have had to change usernames. There is no point in you pointing this out, as my past and my previous life experiences are not relevant to this - And that does nothing other than cause me further undue stress and distracts other people who might be able to help me with my current, immediate issue, which bears no relevance to my past whatsoever.

Presumably you are seeking to suggest some kind of misdemeanor on my part, which is doing nothing other causing me distress and distracting other people to read hundreds of pages of absolutely irrelevant information, serving s nothing other than bullying and harassing a vulnerable person and potentially preventing others from helping me.

Yes, My home and all of my life savings in equity was lost due to my home being repossessed just before the pandemic. Since then, I have had to move home multiple times as a direct result of shitty landlords.

The first home I rented privately through a professional letting agent, after my home was repossessed, for which I had to pay 6 months rent upfront, turned out to be an illegal let, and the landlords had no legal consent from their mortagge lender to let the property, so I then had to move again.... multiple times.... for various reasons out of my control and due to rouge landlords....


What is somebody supposed to do when subjected to repeated dodgy landlords and agents ?

I don't know what you're trying to achieve Huxie, but my past is of no relevance to this whatsoever, and somebody should be able to help without you trying to sabotage my seeking help. I have only requested help with my immediate situation, so your posts are not helpful to me, or anybody else and are only wasting time, energy and causing even more stress.

[Legallyblond]

To any posters who may be able to help me, please DO NOT read the links posted by Huxie. They are irrelevant and will do nothing other than waste you time reading hundreds of pages and serve as nothing more than to distract you, or cause poor judgement of the immediate issue I am asking for help with

[islandgirl]

Perhaps answer the questions? I am reluctant to post having been abused by the OP previously but others may wish to do so

[atticus]

Are you going to help us help you by actually telling us the grounds on which your landlord claimed possession?

[Legallyblond]

To any posters who may be able to help me, please DO NOT read the links posted by Huxie. They are irrelevant and will do nothing other than waste you time reading hundreds of pages and serve as nothing more than to distract you, or cause poor judgement of the immediate issue I am asking for help with

IslandGirl, I don't think so - The only person who has been abused is me. Some posters in the past have been very helpful - Unfortunately though many other have not and seem to try to continue the online bullying towards me.

I simply don't have the energy.

My request for help is clear enough. If I am going to be subjected to the same abuse as before, then I shan't bother wasting my valuable time & energy any further.

Some of the posters on here give others a very bad name .

[Legallyblond]

Are you going to help us help you by actually telling us the grounds on which your landlord claimed possession?

Is that info really required for the question originally asked?

Maybe somebody could firstly answer the question in OP ?

[Legallyblond]

Just wanted to say, since posting on here this afternoon asking for help, my blood pressure is through the roof and now feeling even more ill...

I will have to seek further legal advice from my pets.

Some posters on here are far too big for their boots .

[atticus]

Maybe somebody could firstly answer the question in OP ?

the answer to that question is "yes".