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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 is likely 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 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.
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.
More Help With the N244 Process
For more detailed information about specific parts of the N244 process, see the relevant pages below.
How to Stop Repossession
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.
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.
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.
How We’ve Helped Other Homeowners

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