Possession - What does the Court mean by this?

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    Possession - What does the Court mean by this?

    We have recently applied to the court for a possession notice (accelerated possession procedure) and sent the claim form with copies of the agreement, Notice and various letters etc. We obtained the Notice of Issue, waited the 14 days for the defendant to file a defence, and then sent back the tear off slip requesting the court to order the defendant to give us possession.

    We have now received a reply from the court stating ‘Upon reading the Claim form, it is ordered that; Permission to the Claimant to amend Particulars of Claim without re-service and re-apply’.

    We telephoned the court for clarification as to what this means and were told to obtain ‘legal advice’.

    Has anyone had a letter from the court like this?

    What does it mean?

    We checked the Claim Form for possession of property (N5B) and noticed that we had not deleted ‘part of dwelling house’ in Section 1 and the whole of Section 7B which we normally do. Could this be why the court has issued us with this letter?

    Any advice or ideas anybody can give us will be greatly appreciated.

    #2
    Telephone the court again and ask to speak to the Chief Clerk or Court Administrator as they are sometimes known as these days.

    Pose the Question "In relation to my application for possession Case No. blah - the judge has made an order that....................... - can you please tell me if I have made a procedural error on my application that I need to correct and can you tell me what that is. I am not asking for legal advice, I am simply asking for clarification on whether the judge's order is as a result of an error in procedure or form-filling on my part"

    You should then get the answer you need.

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