Applying for an N161 Form to Stop Repossession
Having your house repossessed after you’ve done everything to stop it is one of the most stressful things you can experience. Not only do you have to deal with the loss of your home, but you also have to deal with the financial stress of trying to find a new place to live. However, if you are facing repossession, it is important to remember that you are not alone.
To help you through this we will discuss the importance of the N161 form.
Can you appeal a repossession order?
Yes, you can appeal a repossession order. Doing this reopens your case and lets another judge look at the details of your repossession. If yours is reopened, the original judge’s decision will be heard by a more senior judge. Even if the new judge feels that they would have made a different decision themselves, they will have to determine whether the previous judge was legally wrong to reach their decision. What’s important to note is that an appeal is never to appease someone unhappy about the ruling of a repossession order.
To be able to get your house back, you will need specific grounds to make an appeal.
What are the grounds for an appeal?
To successfully appeal and stop your house repossession, you need to believe that the judge from your hearing made a legally wrong decision. Your appeal is based around:
- Experiencing procedural irregularities
- Having an unfair case
- Demonstrating the ruling was incorrect
While the majority of decisions judges pass will be legally correct, they are not immune to making biased or wrong decisions. Since it is impossible to eliminate all errors from the judicial system we encourage the UK public to make appeals whenever possible.
Additionally, during the original hearing of your house repossession, you can ask the judge if you have the right to appeal. If you are permitted, make an application as soon as possible after your original possession hearing.
How do you appeal house repossession?
If you lost your original case, you will need to complete an appellant’s notice, also known as an “N161 form”.
Using an appellant notice form N161
To use an appellant notice form N161, you’ll need to submit it within 21 days of a repossession being ordered. This will then be lodged at court and a fee paid unless you are exempt from court fees. The fee for filing the N161 is £255.
Outcomes of an appellant notice form N161
The judge will usually make one of these three decisions regarding your form N161:
- Keep the original verdict
- Change the previous verdict
- Request a new hearing
What happens at the new repossession hearing
Once you have been provided with a new hearing after using an N161 form, you will be able to bring an advisor or friend with you to the hearing. This hearing will typically not take place in a courtroom, rather it will be in your judge’s chambers.
You must turn up to the new hearing otherwise the judge will likely keep the original hearing’s verdict.
Can I get help with my N161 form?
Yes, you can. In fact, it’s highly recommended to have an expert on your side during the process. Since the N161 form is your last chance to stop your house from being repossessed, you should get all the help you possibly can. With years of experience in navigating legal proceedings surrounding repossession, you will be in safe hands if you choose to contact HMS to help you with your N161 form.
The N161 form is a complicated process, especially if you are navigating it alone. So, if you’re attempting to appeal the repossession of your home, it’s important to get help as soon as possible. Contact us immediately on 0808 109 3559 so that we help you through this process and stop the repossession of your home.