Going to court on Wednesday.25th sept.......Advice urgently needed!!please!!!!!greenspun.com : LUSENET : Repossession : One Thread
Have written before but to no avail..please help...we are going to court on wednesday for an allocation hearing and urgently need advice
Has anyone been there and what the hell happens!!!........Have sorted my paperwork out as we have no legal rep and we are just both a little worried
any any help at all greatfully received
-- amandab (email@example.com), September 20, 2002
The allocation hearing is simply a short hearing to let the judge decide which track to put the case on - it allows him/her to see the basis of the arguments on both sides (I assume that the matter is being defended by you) and to get an estimate of how long to set the allowance for trial for.
You do not (in my opinion) need a solicitor at this stage, but you may do so at a later stage particularly if you are contesting either figures or the grounds for the claim. A solicitor will know whether or not you have a valid defence or indeed counterclaim and whether the appropriate wording is there in the deeds to allow the mortgagees to collect on a shortfall which is what you are contesting I assume.
Just be prepared to outline your defence and if you need any other papers from the claimants, ask the Judge to order it.
Listen to the Judge carefully, he may order you to provide details of defence, like further and better particulars etc. If you dont understand, ask the Judge to repeat and/or explain what is meant.
Do not be embarassed about contacting a solicitor - you may qualify for legal assistance with the case - and also remember that there are a lot of people undergoing the same crisis - expert advice is critical.
-- David J. Button (firstname.lastname@example.org), September 20, 2002.