well as promised I would update anyone who is interested on the outcome of the eviction hearing today. Well all did not go well in one respect but mainly because the Judge did not believe section 33.19EA of the Inslvency act as copied and posted on the previous mail - so the legal representative for the Trustee said that it was simply another name for a ''j form restriction''to which the judge said that well he had difficulty agreeing with the section of the Act !!!(I thought that this Act was on the Statute books and that judges have to apply the letter of the Statute to Law and not have a opinon as to whether they agree with it or not!!- unless of course there is any ambiguity in the wording of the law in which case the intention of the original Law had to be considered rather than individual interpretation of it and in this case a ''precident'' could be set-- only an observation!! (by ste.'s mother who is actually posting this on ste's behalf as he is busy with trying to find a Solicitor and filing paperwork - unfortunately I only have a working knowledge of Contract Law not anything to do with Bankruptcy but I do my best to support) Excellent Forum - many thanks for help given
But, I know you should not start a sentence with a ''but'' but this is a fairly big but - he has suspended the eviction application for a further 7 days in order for me to file paperwork with the courts to appeal this point and this will enable me to perhaps scrape some money for legal representation. I have explained the the court that it is not our intention not to pay this 4000 thousand pounds and we have tried to come to arrangements with our creditor who made us bankrupt for that amount of money and hopefully we will have a little more hope. only time will tell - can anyone tell me does the 7 days suspension mean 7 working days or simply 7 calendar days as this is a bank hliday weekend and could only give us 3 days in reality Many thanks for all the help that this site has given to us and we will not lie down without a fight and we at least will know we gave it our best shot so to speak. Oh one good point in our favour the judge did agree that the majority of the ''statement of truth'' submitted to the court by the Trustee was bordering on liable and was worded in such a way as to try to discredit us and bore little relevance to any application for eviction.
normally if a judge says see you in 7 days(adjourn for 7 days) it is that. Next friday. Did he give you a set date as he should have done unless you get this through the post.
Stupid question here now have you tried applying for legal aid???? Just a thought to help you with a solicitor or the other option is the Duty Solcitor in court on the day, I don't think they charge, well I haven't been charged by them lol.
As for the "statement of truth" if the judge says it is bordering liable then why not depending wether you get a solictor, act upon it. You might get a decision where they have to pay you
the judge was not in a good mood and when he said the eviction was to proceed,thats when i upset him by saying i wish to appeal due to points that were raised in court,so as a result and arguments he suspended the warrant for 7days or until i file an apeal. im trying to find a solicitor who would work on legal aid but its not easy,i forgot that the courts have a duty solicitor i will have to look into this. well i personally think if i get the appeal i will still loose the case but the one thing that i can say is i tryied my best. thanks
Thats all any of us can do at the end of the day Ste. If you was in my area (south Wales) I would of suggested my solicitor as he accepts Legal aid and he is really good.
Good luck with the hunt for a solicitor, try the yellow pages as the ads normally say if they offer legal aid.
cheers mate unforgantly it the manchester area,i spoke to the local law center and they said contact the law society for manchester as they will have a list of solicitors that do legal aid the biggest problem is the 7days to file papers not 7 working days as it should be just my luck we have a bank holaday. we back to searching the web to find any loophole.
eviction hearing results
Posted - 02 May 2008 : 11:31:15
