Can I appeal a Judge’s decision? If you are not satisfied with the result of a hearing, you can appeal the Judge’s decision. This is a very complicated stage and is certainly not to be relied upon as a form of defence. However, some Homeowners only look for assistance when they reach this stage.
Ideally, you need to defend your repossession correctly at the first hearing, to have any chance of making an appeal and winning a second hearing. The form to lodge an appeal with the court is called an N161 application.
When you lodge an appeal to a District Judge’s decision, the difficulty lies with the power that a higher-level Circuit Judge has over a lower level District Judge and whether or not the decision made in your first application was on the grounds of the District Judges own discretion.
Even if the Circuit Judge feels that they would have made a different decision under their own personal discretion, they have to determine whether the District Judge was actually WRONG to reach the decision they did. The District Judge would, therefore, have to be wrong on a point of law for the Circuit Judge to be able to overrule their decision.
Importantly, therefore, if the District Judge made a decision that, based on his or her discretion, they refused to stop the eviction, there is no legal grounds to make an appeal because you do not like the decision. If you presented a legally structured defence and the District Judge ignored it, then you may have grounds for appeal.
Grounds For Appeal
The grounds for appeal will have to be spelt out in an N161 application, the fee for filing an N161 application is £255.
Lodging an appeal application will not always stop the eviction order from proceeding, certainly not if the Judge has not granted permission to appeal. Your application may well be heard after the eviction date and your locks have been changed, at which stage, it is difficult to win even on a point of law.
It is very important therefore to contact us as soon as possible, the longer we have to formulate the right strategy, the more successful we will be making sure you do not lose your home.
What people have to say about Home Owner Management Services
Thank you so much for your help. We can now keep our home for the long term. We now have to pay our Lender a monthly payment we can finally afford after a year of turmoil. The hardest thing was unpacking all the boxes we had already packed because we thought there was no hope.
Everything you did for us was so quick and professional, our home was saved before we knew it, it took some time to sink in, but they really did achieve what we thought was impossible. In less than 24 hours of phoning them the eviction order was cancelled.
With the weight off our shoulders we can concentrate on living again and earning the money we need to pay the mortgage without living in fear of the Bailiff knocking on the door with an eviction order!
I really had my head in the clouds as I believed I now had no where to turn. I had already made my appointment with the council to assess me for emergency housing. However my council said they could only find me a hostel to stay in. 1 call to Aggressive Lender Solutions and I no longer had a problem.
They resolved the Eviction order in a matter of days, giving me every confidence that they could achieve it, every step of the way. I don’t know where Id be if they didn’t help.
I really can’t thank you guys enough. I was certainly headed for another breakdown, however, the sheer weight of your support saved me from despair and I am sat at home nice and warm, in familiar surroundings thanks to you.
I can’t believe, looking back, how much time I wasted trying to convince the lender to let me stay, so many documents and offers, my only regret is honestly not phoning you sooner.
I was at a total loss at what to do with my situation, having been a mortgage broker, I was convinced I had the ability to talk to my lender and negotiate however; nothing I could offer was good enough!
They explained the process to stop the eviction and when it all came together it was like a case of De Ja Vu, it went EXACTLY as they said it would. They got me enough time to save up my deposit to go and rent, and I just let the lender have the house because I had negative equity anyway.
I am now back to a comfortable state of living and have no stresses anymore. I didn’t have to borrow any money from anybody because I didn’t have to pay the mortgage while I was saving up for my rent.
The best part was having the ability to remove my belongings at my own pace, and it not being done for me! I didn’t need to arrange storage or anything. I cant begin to express how grateful I really am!