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

[Legallyblond]

the answer to that question is "yes".

Do you mean yes, I need to file a separate application, or yes somebody can help with that? Or yes to both?

Why/how has a bailiff eviction application been granted, when I have filed an N244 application to set-aside possession order?

If my N244 application had been refused, would I have heard about that by now? The fact it was filed 2 weeks ago, does that mean it will be being considered by a judge? Is it likely that my N244 application to set-aside will be accepted? And if so, what happens then? Will there be another hearing set?

Please could somebody help with exact wording of what I need to write on new application to stop the bailiff eviction and delay for longest possible time. This is causing me immense stress and ill health and would like to get the best possible worded application sent to court as quickly as possible

[wales01man]

To stop eviction the Set aside needs to be filed and and applied by a Judge only then unless someone knows different the Bailiffs will evict

[atticus]

@OP: the former.

[Legallyblond]

Please could somebody fill out the application to stop bailiff eviction for me, so that I can just fill in the blanks such as names/case number etc, as I cannot think straight and would like to get application sent to court as quickly as possible.

Would it have been an actual judge who has granted the bailiff eviction application? If so, would that same judge have seen my N244 application to set-aside possession order?

What should I expect to receive regarding my application made 2 weeks ago? Would it be a court order and when should I expect to receive that? The claimant cannot possibly have filed bailiff application before I filed my N244, so I cannot understand why a bailiff eviction notice has been granted?

Is it still possible that my N244 application might be accepted? Please could somebody answer all of my questions, so that I can clearly understand and make informed decision of what to do next.

Is it another N244 application I need to file?

What do I write on the application?

What is the deadline for application?

[JK2054]

Yes N244 application.

You write that the warrant be suspended for xyz reasons further to the deterimantion of your aplication to set aside the order of x date idea.

make it ASAP

I cant tell you if a judge will accept or rejcet your current N244 because Im not a judge and I havent seen your N244 nor do I have any idea about hte circumstances.

[Legallyblond]

Yes N244 application.

You write that the warrant be suspended for xyz reasons further to the deterimantion of your aplication to set aside the order of x date idea.

make it ASAP

I cant tell you if a judge will accept or rejcet your current N244 because Im not a judge and I havent seen your N244 nor do I have any idea about hte circumstances.

Thank you.

My N244 application is detailed in earlier post. I spoke to the court today and have been told that a hearing has been listed via CVP video to hear my application, and that the warrant has therefore been suspended, so I do not have to file a further application to suspend bailiff eviction warrant. The hearing is listed for about 10 days before the bailiff warrant would have been executed.

Please could somebody advise - In the event that I attend the hearing and if my application to set-aside possession order was not successful, and in the event if the Judge was to order that the bailiff eviction goes ahead, would it go ahead with the same date stated in the current bailiff eviction notice, or would the claimant have to make a new application for bailiff eviction?

[Legallyblond]

Please could anybody answer ?

[JK2054]

depends on the court.

most likely same date though

[Legallyblond]

In addition to the current possession proceedings against me, I also have another current court claim against me, for a money claim from previous landlord for alleged damages caused to previous property.

The claimant (ex landlord) is being represented by the same paralegal / solicitors firm who also represented them in previous unlawful possession proceedings against me. And is also the same paralegal / solicitors firm who are acting for current landlord in the current possession proceedings against me.

As soon as I moved to current address, the previous landlord and/or their solicitors traced and directly contacted my current landlord (and also new neighbours) with malicious false allegations against me, which resulted in sabotaging my current tenancy and current landlord immediately serving eviction notice (only 6 weeks into new tenancy) and current landlord is also being represented by same paralegal / solicitors firm.

For the current money claim against me from previous landlord, their solicitors have made an application to have my defence/counterclaim struck out and application for default judgement against me. There is a hearing scheduled for later this month to hear their application. From what I can understand, they are claiming that I did not file acknowledgement of service or defence/counterclaim in time, and/or have not filed a properly particularised defence/counterclaim within the time allowed.

I believe I did file acknowledgement of service and also completed basic details of my defence/counterclaim details on the court form that I received.

I have not been able to file a more detailed / properly particularised details of my counterclaim yet, due to ill health and also having to deal with current possession claim against me.

This paralegal / solicitors firm have repeatedly lied and misled the courts throughout all of their 3 claims against me. My counterclaim against the previous landlords includes damages cause by deliberate poisoning, resulting in death of pets and injuries caused. It has taken then over 2 years to provide the records of the pesticides & chemicals they deliberately sprayed on myself and pets and they have still failed to provide any details of their insurers. They are trying to usurp the course of justice and prevent paying me any damages, by abusing the court system and causing me further damages.

I would like to apply to the court for their money claim against me to be struck out, on the grounds above, and/or for the hearing to be adjourned and for more time to file a more detailed properly particularised defence/counterclaim, on the grounds that I am a litigant in person and unrepresented, on medical grounds/ill health, and on the grounds that I am also currently dealing with a possession claim against me, by the same paralegal / solicitors firm.

I would be unable to attend the hearing for money claim scheduled for this month, on medical grounds, and would like to request adjournment of hearing and more time to file properly particularised counterclaim, as am also currently dealing with separate possession claim from the same solicitors firm, and/or permission to attend hearing remotely via CVP on medical grounds.

I assume I would have to make an N244 application for this?

Please could somebody help with how to put the above into words on the N244 application. I would like to ensure the form is worded in the best, most professional way possible and struggling o think straight and not sure how best to word this on application, so would appreciate any help with this.

[Legallyblond]

It would greatly appreciated if somebody could help with my previous post no.24 - As would like to send application as soon as possible and would like it to be worded in the best legal/professional wording possible.

Also, for the hearing to hear my application to set-aside possession order, I have just found out that ironically the barrister representing claimant at the hearing is from the same chambers I had dealings with several years ago. One of their barristers lost my case and cost me loss of over £50,000. Could I mention this at the hearing as a potential conflict of interest, as he is from the same chambers?

He has this morning emailed me his skeleton argument , which includes pulling my mental /physical health conditions apart. His chambers were a massive contributing factor to the cause of some of my health conditions. Would it be reasonable and/or in my interests to bring this up at the hearing?

[atticus]

No conflict of interests. Barristers are self-employed individuals; it is common for barristers in the same chambers to appear on both sides of the same case.

[Legallyblond]

No conflict of interests. Barristers are self-employed individuals; it is common for barristers in the same chambers to appear on both sides of the same case.

Part of his arguments against me, including my health conditions and also my financial prospects / circumstances, including repossession of my home several years ago, and therefore having no assets, which he is using in his arguments against me, were caused as a direct result of his colleague and dispute with his chambers. In addition to the subsequent domino effect on my life, and having to rent etc. Surely this is relevant?

If he is going to cross-examine me about these matters, then naturally I would want to be completely honest with the Judge and feel that it is absolutely relevant? My dispute was not just with his self-employed colleague, it was with his chambers. Would it be in my interests to not mention any of this to the Judge then? Or would it help my case at all?

[Legallyblond]

Please help as hearing is tomorrow

[atticus]

Sometimes a weak argument detracts from the strength of the better points.

[Legallyblond]

Sometimes a weak argument detracts from the strength of the better points.

When you say weak argument, do you mean theirs, or mine?

I don't see it as a weak argument on my part at all - The way I see it is they are digging themselves into a deeper hole, and if I am cross-examined about specific matters, then surely I should answer those arguments as fully as possible, rather than lie to the Judge?

You're not from the same chambers, are you ?