Appeals2023-09-15T10:07:08+00:00

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.

Appeals

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The Appeals Process

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.

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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 a 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.

How to Stop Repossession

Make sure you talk to your lender

1. Don’t take emergency finance

Other companies may have misled you into believing that a bridging loan or short-term finance is your best or even only choice. That’s not true. The temporary relief will be short-lived when you are facing repossession for a much higher sum.

Try not panic and stay calm

2. Don’t accept a quick sale

In desperate situations, you may be tempted to accept a below-market-value “instant cash” offer on your home. Avoid quick sale companies at all costs—they profit from your misfortune. We can provide better options.

 Review household expenditure

3. Get us to help

We can help you navigate through your options. We will force your lender to give you time to make a decision that suits you. Our first step is to assess affordability for you to keep the property long-term. If this is not an option, then we will ensure you speak to regulated finance professionals or have time to sell your property on the open market.

What People Say

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  • I contacted HMS to stop my repossession by my mortgage lender. David at HMS worked with me closely and supported me through the whole process. Today I had a Court... read more

    Matt Stokes Avatar Matt Stokes

    Richard gave us more than we hoped for as we had an expired mortgage term and worried about the looming repossession. We just didn’t know what to do... read more

    Dave Hatch Avatar Dave Hatch

    I contacted David at HMS for advice with my BTL rental who showed they have vast experience and contacts around the property sector. HMS quickly resolved any issues i had.... read more

    Kevin Perry Avatar Kevin Perry

    I will do my best to express how thrilled I am with how Richard handled my case! I had a ridiculously small debt threatening repossession and some free advice from... read more

    Queen Mary Avatar Queen Mary
  • I had some legal issues regarding a property and I googled a solicitor and rang this company which is a family business and spoke to the son of the father... read more

    Kelvin Baines Avatar Kelvin Baines

    A big thanks to HMS, Your professional advice and guidance stopped the repossession of my property. I received an eviction notice from my mortgage provider and didn’t know what to... read more

    Andy Miah Avatar Andy Miah

    I am going to write this about this company Richard and Ben before all this happen with my house I was going through a difficult times I buried my head... read more

    Maria Cardoso Avatar Maria Cardoso

    Richard and his team are extremely knowledgeable, professional and very, very helpful. I cannot recommend them highly enough. They helped me to quickly resolve a legal dispute over a... read more

    Donald Scott Avatar Donald Scott
  • Excellent knowledge of the repossession process, this gave me the confidence to proceed and resolve the situation. Would definitely recommend! Customer service was 10/10 too I was quickly reassured and... read more

    Diane Wilson Avatar Diane Wilson

    Spoke to Richard after being told a notice of eviction is on its way. Almost immediately, my anxiety and panic reduced significantly by listening to what had to say. Treated... read more

    Guitar Dummy Avatar Guitar Dummy

    David was professional, knowledgeable and insightful throughout the process. Would definitely recommend to get in touch. Great guy.

    S P Avatar S P

    Amazing and helpful service - David negotiated a solution with the Lender and all resolved with all parties very satisfied

    Justin O'Neill Avatar Justin O'Neill
  • These guys reached out to me and, by giving me good advice, helped to ease my worries at a very vulnerable time. I would not hesitate to use them if... read more

    Julie dowling Avatar Julie dowling

    Great team Richard amazing did all he could possibly do I was a very difficult case - if you want cherry on top look no further best of breed

    Ricky Bonner Avatar Ricky Bonner

    Just to add it was q very professional and clear advice from Richard of Homeowner management regarding my issues With an excellent feedback and assistance in every way Thank you... read more

    Robin Koovapalille Avatar Robin Koovapalille

    Well here I am after my first decent nights sleep in I dont know how long. 😊 This was only possible because of the support and guidance I received from... read more

    Natalie Scott Avatar Natalie Scott
  • I spoke to David for advice regarding a matter for my mum. David was very helpful and reassuring. The advice given was followed and the matter has now been resolved.... read more

    Waseem Jugon Avatar Waseem Jugon

    So very grateful for information given ,so knowledgeable, Answered so many questions and concerns .Thank you

    Angela Aitken - Smet Avatar Angela Aitken - Smet

    Richard was very helpful Excellent knowledge on subject matter Anyone looking for sound advice,use this company first

    Stephen Parkyn Avatar Stephen Parkyn

    Absolute legends Richard and Ben are!!!. My knight's in shining armour. They are extremely informative and true to there word. They dealt with my issue very effectively and... read more

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  • David was very professional in the advice given, listening and asking questions to understand my situation. There was no hard sell to benefit from the situation I am in. 1)... read more

    Craig Smith Avatar Craig Smith

    Great service and David was very helpful. Easy to talk to and made sure I was ok all the time he was helping me. After everywhere finally finished ... read more

    Catherine Dyke (Cat) Avatar Catherine Dyke (Cat)

    Can't recommend HMS highly enough - Richard was amazing, so knowledgeable, helpful and reassuring - honestly don't know how we would have managed without his advice!

    Peter Blunden Avatar Peter Blunden

    I was in the worst possible situation, and felt completely hopeless. I contacted HMS and Richard Harrison took on my case. Straight talking and no messing about; he literally saved... read more

    Helen Kent Avatar Helen Kent

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