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Appealing House Repossession

The appeals process is the last opportunity for a Homeowner to stop the repossession of their house through the Court. If a Judge has ruled against you and you have lost your Emergency Court Hearing and eviction is imminent, it is possible to appeal to a higher Judge.

The need to appeal an application using an N161 Appellants Notice MUST not be confused with the need to make a DIFFERENT N244 Court Application, if you do not understand what this means, then you need to speak to us immediately so that we can explain in more detail as the subject too complicated to explain here.

We will be able to talk you through the appeals process and discuss the likelihood of success, however, appeals are very hard to win and we will not take on a case that we know will lose. In Homeowners cases that we have been instructed to defend in the first place, do not require an appeal, because we get the defence for the Hearing right first time.

Your Options When Appealing

If you have lost your case and so have failed to stop your house repossession, you can ask permission to appeal. If permission is granted then an N161 form can be submitted to apply for an Hearing to Appeal the Judges decision, although it does not guarantee to halt the eviction unless it is applied for very specifically and granted by the Judge reviewing the application.
It is very rare that a higher Judge will overturn a Lower Judge's ruling; however it does happen if they believe the Lower Judge was legally wrong to reach the conclusion they did. The difficulty lies in convincing the Higher Judge that the decision was legally wrong, and not simply a case of the lower Judge exercising his or her discretion to reach the decision, which the Higher Judge cannot overturn.

We will be able to determine whether the decision was legally wrong, or whether or not it was the Judge's discretion that led them to make an order that was not in your favour.

We're Still Here for You.

If one of our own defended cases ever reaches an appeal it is because the Judge was indeed wrong, and we can therefore defend it, or something has come up in Court that the Homeowner failed to inform us of when we asked during the assessment of the case. It is therefore vitally important to get us the information we ask for, it makes the difference between winning and losing your home.

Therefore, in some situations the appeals process may not be a viable option. If this is the case we will be honest with you and prepare you for an alternative option, there is normally at least one available.  

Ultimately we at HMS are here to help, with all of the resources at our disposal we will fight to save your home and the sooner you call us, the greater your chances of a positive result.

what to do eviction appeal

 

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Every case is individual & needs our professional assessment, no matter how early or urgent your circumstances, we will hold your hand over every step.
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