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Ask Aston Lawyer Your Own Question
Aston Lawyer
Aston Lawyer, Property Solicitor
Category: UK Property Law
Satisfied Customers: 1731
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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I am the TR4 man. Do you remember my previous questions

Customer Question

I am the TR4 man. Do you remember my previous questions about an Order for the sale of a property? My daughter attended a court hearing last Thursday. Having previously completed Claim Form N208. It was
taken to the Court together with Emails about the matter. The Court sent my daughter a Notice of Issue document confirming it was deemed served on the defendant on 23/03/15 The defendant did not file an acknowledgement of service within the allotted time so
my daughter completed form N227, Request for judgement by default. It was sent to the Court. The Court sent my daughter form N24. General form of Judgement or Order. The matter was listed for a hearing last Thursday and there was an Order for the Claimant
to attend with a draft in paper form setting out the orders she requires. My daughter asked for an order to be given the keys to the property and vacant possession so that the property could be tidied up before placing it on the market. Or for the defendant
to either buy her out or sell the property. At the hearing the judge asked my daughter to confirm her name. Then told her that the defendant was not in court because he had sent a doctors note saying he was suffering from depression. ( We knew that would happen)
The Judge then asked the size of the mortgage still payable. My daughter replied there was no mortgage outstanding. That fact was included on the Claim form so I was surprised the judge needed to ask that. Anyway the Judge said she could not make any orders
because the defendant knew nothing about my daughter's request to sell the property.. I was totally dumbfounded because the emails we submitted talked of nothing else. It was so frustrating to sit in court and not speak My daughter was told to send a copy
of the Orders she required to the defendant within 2 weeks and complete a Certificate of service for the court.. The judge then gave another date for a hearing. Am I missing something here. Also, how many times can the defendant use the depression tactic for
failure to attend a hearing.
Submitted: 2 years ago.
Category: UK Property Law
Customer: replied 2 years ago.
I am wondering, as we did not see the Judge named on the General form of Judgment or Order document whether the Judge we did see was not in procession of all the facts.
Customer: replied 2 years ago.
If Stuart J is not available I am happy to talk to someone else.
I would like an answer as quick as possible please.
Customer: replied 2 years ago.
Is it normal to serve a copy of the orders she requires on the defendant after the court has already served your claim on the defendant.

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