Tenants Trying To Remove Us From Property Using A N24 General Form of Judgement or order

[Ganymede]

That would not be grounds to set aside the order.

 

An N1 Claim Form has been issued at some point and you need details, but the Order you received relates to an Application Notice that the Claimant has filed separately to the substantive claim.

[roony]

Hmm, ok what grounds can I use to have it set aside, or stayed? As I'm concerned my mother could have a judgement order, but we have no way of finding out if there is a judgement order to remove her from the property...

[Ganymede]

Solely in relation to the Order you posted asking the Claimant to file an additional witness statement to support their application, I don't see any reasons to have the Order set aside. There will be a hearing in a couple of months to deal with the Claimant's application.

[roony]

Thanks for that ganymede,

 

Ok yea, you need extenuating circumstances as to why they shouldnt file a witness statement. & as its just a request to file a witness statement, its a bit pointless.

 

I would have thought because of a serious lack of information, a set aside would force them to refile the claim, this time sending us the required forms ...

 

Can we inform the court or something of a serious lack of information, or lodge a file protesting, or complaining about the serious lack of information?

[Ganymede]

You need a copy of the original N1 Claim Form and Particulars of Claim to see what the substantive claim is all about. You currently don't know if there is a judgment in place to have set aside yet.

 

In relation to the Claimant's application, you should be given a copy of the Application Notice when a hearing date is set. Setting aside the Order to file a supporting witness statement will not restart the entire claim.

 

The substantive claim and the Application Notice are two separate things.

[roony]

Thanks for that ganymede,

 

Can we inform the court we dont have a copy of the original N1 claim form and Particulars of Claim? Basically informing the court of a serious lack of information, or lodge a file protesting, & complaining about the serious lack of information?

 

Thanks.

[AndyOrch]

Well, I rang the court & they said it takes them 47 days to prepare the forms for us to pick up, IF we email the court requesting the original claim form.

 

Are they fobbing me off? All I need is a copy of the claim form for the N24 general order ...

 

I also rang them to check if there were any judgement orders, but theyr useless, as they didnt even find the N24 general order on my address ...

 

Thanks for that ganymede,

 

Can we inform the court we dont have a copy of the original N1 claim form and Particulars of Claim? Basically informing the court of a serious lack of information, or lodge a file protesting, & complaining about the serious lack of information?

 

Thanks.

 

Have you not just done that in your initial post #31 ?

[Ganymede]

You can oppose the application once you have a copy and a hearing date etc.

 

You will have been sent a copy originally but you need a copy of the N1 Claim Form to find out what address it was sent to.

 

I'd get back onto the Court for a copy of the N1 Claim Form and also the N244 Application Notice.

[roony]

Nope, all I did was ring the court to see if I can pick up the N1 claim form etc.

[roony]

I found this letter from their solicitor, which I think sheds light on what this N24 form is all about.

 

Basically theyre claiming they have a commercial contract, & are trying to get an injunction to remove my mother from the property.

But they only have a residential AST, with us, we have no commerical contract with them.

 

I've attached it to this post ...

[Ganymede]

I found this letter from their solicitor, which I think sheds light on what this N24 form is all about.

 

Basically theyre claiming they have a commercial contract, & are trying to get an injunction to remove my mother from the property.

But they only have a residential AST, with us, we have no commerical contract with them.

 

I've attached it to this post ...

 

We knew most of this already.

 

Time for you to give us the full story and provide us with a copy of the tenancy agreement.

[roony]

Ok sec, I'm screenshotting the tenancy agreement

[roony]

Ok heres the first part of the tenancy agreement attached ...

[roony]

Ok heres the 2nd part

[Ganymede]

Thanks.

 

Can you provide a copy of the Collateral Agreement too please as that is the most important part of this.

[roony]

ok reposted the collaterol agreement with this post ...

[roony]

Note part 1 of the collaterol agreement, states something about varied into a commercial agreement. But we dont have a commercial agreement with them ...

[Ganymede]

But we dont have a commercial agreement with them ...

 

Why do you think that?

[roony]

Because we have no signed commercial contract with them, only a signed residential contract.

[Ganymede]

Because we have no signed commercial contract with them, only a signed residential contract.

 

Is that Collateral Agreement not signed by both Parties then?

[roony]

The collaterol agreement, specifically states the residential contract, be varied into a commerical lease contract. But we have no commercial lease contract with them.

[Ganymede]

The collaterol agreement, specifically states the residential contract, be varied into a commerical lease contract. But we have no commercial lease contract with them.

 

Did your mother/you sign the Collateral Agreement?

[roony]

One sec ganymede,

 

I'm checking my notes on the collaterol agreement ...

[Ganymede]

One sec ganymede,

 

I'm checking my notes on the collaterol agreement ...

 

Just look at the Collateral Agreement and tell us if it was signed.

 

You are being a little shady and evasive over the whole issue..

[roony]

Erm I'm not being shady, I'm just making sure I give you the full picture

 

Is that Collateral Agreement not signed by both Parties then?

 

The problem is, my mother is stating the agreement is a fake, as she's never seen that form before, but we dont have the funds to do a forensics on the contract.

 

So for now we've decided to challenge the particulars of that collaterol agreement, so yes for all purposes, she has signed the collaterol agreement.

 

Again there are also alot of problems with the collaterol agreement, I'm checking my notes so I can give you a full picture & I'll post those in a few minutes.