when I went to court for a repossession order the judge mixed up my case with somebody elses and made an order?

December 2, 2009

repossession

possession, what can I do it was’nt my fault. Where do I complain to about this?
Additional details I own the property, have put in a complaint and they have given it to a judge to look at my case this was about a month ago not heard anything since, what will be my next step?

Sell House Quick

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{ 4 comments… read them below or add one }

LovesTheConstitution December 4, 2009 at 12:00 am

Appeal your case. This is why we have appellate courts.

I assume that you did not have an attorney in the trial court. That attempt to get through this matter cheaply did not work. Now is the time to consult an attorney.

This works like oil changes. You can pay for it now or pay later for not doing it now.

paul h December 5, 2009 at 4:57 am

If, as you say, the judge “mixed up” your case with that of another, then I can only assume that the Possession Order (PO) will be issued in the name of the other defendant. If this is the case, then it is highly unlikely that you will be evicted.

You do not indicate the type of tenancy you have. This is very important as the type of tenancy affects your “security of tenure” and thus, the level of protection you have as a tenant under the law (in the UK).

You will need to seek specialist advice from a solicitor with knowledge of Housing law or your local Citizens Advice. There will be a limited time in which to appeal so seek appropriate advice as a matter of urgency.

Good luck.

nosdda December 6, 2009 at 2:37 pm

Write to the court asking what is delaying a decision on your case. If you know the name of the judge, write directly to him at the court.

old.holly265 December 13, 2009 at 4:33 am

You don’t complain Paula, otherwise the order will simply take effect.

Here in the UK, the order would have been made by a District Judge. If something is wrong, you appeal the decision to the Circuit Judge. The way to do this is to contact the County Court office. The staff there will give you the paperwork and even help you fill it in.

And you MUST attend the hearing, as the Circuit Judge will want to hear what you have to say and will want to ask you some questions.

If this is not what you have done, then contact the court office immediately and ask what is happening. They can actually be very helpful.

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