Court review

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    Court review

    Hi,
    My possession claim is up for review today. I thought “ finally” . It was marked on review documentation to be at 12:00 05/11. I received no calls from anyone as yet. Could someone who has undergone review, please let me know if I have to make the call. I am worried that no one has contacted me as yet. Thanks

    #2
    They should contact you, so just stay contactable on that date

    Stage 3: Be available on the review appointment date

    You will be sent a date when the judge will review the court file, and a date for the substantive hearing. At least 14 days before the review date, you will need to confirm to the court that you will be contactable on that date, send the court an electronic copy of all of the case documents and confirm that you have also provided these to your tenant.

    On the date of the review there will be duty scheme advice arrangements in place to assist the tenant and promote settlement. You should ensure that you will be available to discuss the case with your tenant and where possible reach a settlement with them without the case progressing to a substantive hearing.

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      #3
      Hi,

      Thanks. Until what time could the courts ring me. don't they close at 4pm?

      Comment


        #4
        Dealing with the court is the worst thing that I do
        They have their own schedule

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          #5

          , thanks ,I guess I just have to be patient! took a day off work to be ready for review !

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            #6
            IF you haven't heard anything for a while and it is bothering you, give them a call. Expect to be on hold for a while as expected

            But hey, 1 day off work

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              #7
              I called the courts at 4.30pm, and apparently everybody has left for the day! So I guess.....

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                #8
                Very frustrating for you. Call them tomorrow morning, maybe they have changed the date.

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                  #9
                  Originally posted by OS7 View Post
                  I called the courts at 4.30pm, and apparently everybody has left for the day! So I guess.....
                  The public sector run on different rules.

                  Comment


                    #10
                    I have called courts today. there was phone number on the review letter and that went directly to the evictions team. The lady who spoke to me said that review appointment was supposed to be with legal duty advisor, the defendant and me. She said possibly the defendant never rang the duty advisor and that's why no has rung me as yet. The case now is now put forward in front of the judge , and I will soon hear of the decision of the court. I am surprised that the judge did not review the paperwork yesterday. oh well ….another waiting game and possibly a dead end!!!

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                      #11
                      Hopefully its not a dead end
                      But definitely a waiting game

                      Comment


                        #12
                        That sounds like a bit further forward. When did you first send this to court, was it before lockdown in March? Let us know how you get on - I am intrigued to know what their interpretation is of 'soon'.

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                          #13
                          Well, the section 21 was served towards end of January 2020. I filed a possession claim early July. There was huge rent arrears between January and to date. Reactivated claim , after some confusion, early Oct. after 2 weeks, I received an appointment date of 05/11 for review and also requesting case bundle. However the review was a non - event as described above. Today, The lady from eviction team said the case is to be reviewed by the judge. I guess it remains to be seen - I am not expecting miracles ..... it probably move to a hearing date now.

                          I will certainly keep you all updated as I am sure there are many others like me.

                          Comment


                            #14
                            Hi OS7,

                            Not meaning to widdle on your bonfire as such, but I think you should set your expectations. The review meeting is to bring together the parties and check that no progress has been made before litigation continues - if they didn't call you (that is weird though), then it's likely one party was not available so it has been moved from the Court staff to the Judge. If the Defendant has submitted no Defense, then it's likely they'll just make an order, assuming your paperwork is bob-on, if the Defendant has submitted any defense, no matter how flakey, be prepared for a hearing date to be set and have to attend in person or remotely, at which point, assuming your paperwork is right, you'll get your order.

                            Comment


                              #15
                              Yes, I agree. The defendant has written to the court on 03/11/2020 and i also received his paperwork. So I assume, it will move to hearing date. I am just disappointed that no one rang me on the review date and I had to ring the courts myself to enquire. So flawed the system is!

                              Anyway there was1 other update and I was only informed of this today by our letting agent

                              At 11.00am on 05/11 (date of review) the tenant transferred some money towards rent which brought the arrears down to six months rather than initial 10months worth of arrears. I am unsure whether this was advised by a legal advisor or tenant just decided to pay. Now I am worried that judge is going to say that as he is clearing arrears and therefore he can stay!!!!

                              Section 21 was served properly and all documents are in place.

                              Comment

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