Halifax 2nd eviction - they won - have appealled and its today! - help what do i do??

[JB-Distressed]

In arrears with mortgage and had 2nd eviction hearing today which did not go well and had nasty judge who had very clearly made his mind up before the hearing.

Extremely discriminating towards me and made various references making it clear he had not even read my evidence and had no empathy or understanding whatsoever.

 

Extremely distressed and have applied for an emergency appeal which has been granted for tomorrow with a circuit judge.

The eviction is due to take place tomorrow also.

 

The first eviction hearing I had was successfully suspended on certain conditions

however I was told by that judge that if I fell into difficulties again the court would help me.

This is not what happened today and I am horrified by the way I was treated by the judge today and was not allowed to speak.

 

I have no idea what to present to the appeal judge tomorrow or whether I should prepare a new statement and have no idea what to expect.

 

I sincerely apologise for the late notice asking for support but would appreciate any advice on how frequent appeals of this nature are and how likely to be successful,

 

any support or help with a statement or advice on what I should present to the judge tomorrow.

 

Any assistance would be appreciated

 

Thank you

[dx100uk]

ok expand on your story

who is going for eviction

what are the arrears 

how long this SPO has existed.

 

can you afford CMI+£xxx off the arrears going fwd etc etc.

and have done budget plan etc etc.

 

dx

 

[JB-Distressed]

Thank you for the reply.

I am struggling quite a bit as very poorly and not sure how much longer I can be online this eve as have to be up extremely early to make it to court again for appeal hearing.

I am supposed to be in hospital tomorrow for treatment too but wont be able to go because of this.

 

It is the Halifax and around £7000 arrears.

The first Eviction hearing was suspended in August but my health has deteriorated since then and have been unable to make payments.

 

I can afford payments going forward when return to work along with some towards arrears and intend this to be as soon as possible and hoping the judge will allow some time.

 

I was very distressed following verdict in court today to be evicted tomorrow and a member of court staff had to help me complete forms for appeal and I was told appeal hearing would be tomorrow morning.

 

I had to fill the forms out in a rush and only have the N244 application that was used today to rely on which already includes budget sheet, medical evidence and statement. 

 

I am now not sure if I need to write a new statement for the appeal hearing regarding the hearing that happened today and cannot think straight. 

 

The member of court staff told assured me that the bailiffs will not be outside house in the morning but I am worried they will be at the house before I have chance to get back from court.

 

Apologies for rambling but would appreciate any help with a statement if at all possible if I should take a new statement to court tomorrow for the judge?

 

Would appreciate any advice about an appeal hearing with circuit judge as really have no idea what to expect or what I need to do.

 

Can I ask the judge for an time period to adjourn the appeal to give me more time to prepare case?

Can I ask for the eviction to be set back for a period of time or do I need to ask for a suspended eviction as per the hearing today?

 

Would I have to put that in a new statement or just ask the judge in court.

 

I am a bit stuck for time to prepare anything else.

 

Should I just take the previous N244 application with me from today and use that?

 

If anybody is able to help at all this evening or before 6am I would really appreciate any support. 

[dx100uk]

its very difficult at such short notice without a complete history to advise, and this is not my best subject 

however

may help if you read through.

Halifax are quite regulars here at doing this but we tend to win most time I see.

 

the issue you need to overcome is your missing payments.

how long have you not paid anything since august?

 

you should always make some form of payment to make good will even if its a very low figure.

totally missing payments is the worst thing you can do.

 

you need to convince the judge you have a firm payment plan going forward,

even if this means dumping things like sky/virgin tv, mobile phones, all other credit debt to make money available..

 

showing you are going to do these things... putting the top most priority to the mortgage and getting this across to the judge is the major point

are you not entitled to benefits too?

 

 

 

[JB-Distressed]

Thank you for taking the time to reply and thank you for the link. I am so confused as the judge today just did not want to know and dismissed anything I said. The judge tomorrow will have only seen the same file and notes from todays judge, so I am worried as I have no idea what to expect. Has anybody had an appeal before for a dismissed application and been successful?

[dx100uk]

you might have simply suffered what we call judge lottery

today could well be diff.

dx

[JB-Distressed]

Thank you for the supportive words and yes I really hope so. 

This is at a different court to the first eviction

 

I am very worried as the eviction is due to take place early this morning at the same time I will be arriving at court.

I have had no sleep and am very unwell and is extremely difficult for me to travel to the court for this.

 

If it does not go well today I am worried that the Bailiffs will already be in the property before I have a chance to travel back from the court.  

 

The judge yesterday even got my name completely wrong and really was not very nice.

I feel horrified to be treated like that by a judge and he seemed to have absolutely no empathy or understanding of the situation and definitely no care whatsoever for my health or best interests.

He was completely sided with the bank.

 

I am confused as well as to why he would give permission for an appeal after dismissing my application.

I presume he didn't have to allow an appeal?

I am worried what his notes say that the judge today will see as I have not seen them.

Edited November 5, 2019 by JB-Distressed

[dx100uk]

just to put one part of the above to bed

you WILL NOT return home to find bailiffs inside your property no matter which way it goes.

 

dx

 

[JB-Distressed]

Thank you for the reassurance. What is likely to happen with the Bailiffs if it does not go well today. Will they still be carrying out eviction today at some point or would it be changed to another day?

 

Apologies for the silly questions. 

 

Should I tell the judge today my version of what happened with the judge yesterday or do you think that would go against me and would I have to put this in a written statement at all? Can I ask for the appeal hearing to be adjourned and would I have to do that in writing. Is there any law I can quote that might be relevant to how the judge treated me?

 

I will keep checking this page until I leave for court and any suggestions or advice on what I could say to the judge today or what I could put in writing would be extremely helpful. Thank you again.

 

 

[dx100uk]

no it wont happen today nor anytime soon should that happen

there are processes Halifax must go thru. im sure.

 

as for the old judge you can mention you don't think he was fair to you.

 

I have no idea if you can get the appeal period extended sorry

 

im sure people will ick this up tomorrow

 

take your phone with you.

but I would avoid little chats before hand as their solicitors will try and spook you.

 

who are they please?

not shoosmith I hope as they can be very underhanded.

 

 

 

 

 

[JB-Distressed]

Thank you are you absolutely sure that there would be no eviction today whichever way the hearing goes? 

 

The judge gave me a good telling off as soon as walked into the courtroom and reprimanded me for not coming to an arrangement with the solicitor outside and sorting the matter out with her.

 

The judge also said I didn't have any grounds and reminded me everything has been arranged already for the eviction today. The member of court staff who assisted me filling out the appeal form told me that the banks solicitor had also been made aware of the appeal hearing today and that they would also be there. She also told me that even if it doesn't go well at the appeal it could take the Bailiffs up to a couple of hours to arrive to evict me, so seemed to indicate that they may still evict today. 

 

Should they not be cancelling the Bailiff appointment regardless of outcome of appeal today and rearranging them for a different day. Are they obliged to do that as because they have done the appeal hearing as an emergency suggests that eviction may still go ahead today? 

 

Just so confused and some more time to mentally prepare after experience yesterday would have been nice.

 

 

Edited November 5, 2019 by JB-Distressed

[honeybee13]

Hi.

 

Does the court you're going to have legal advisers who can help you to present your case? It's worth asking for one when you arrive.

 

HB

[Ell-enn]

Hi there,  if the judge today still orders the eviction,  ask for more time to put things in place.  You should stress that you didn't feel your case was given enough consideration and was rushed.

Most definitely ask at the court if they have any duty legal advisors who can accompany you into the hearing and support your case.

[honeybee13]

How did it go today?

 

HB