6 November 2014
Today, I attempted to file an appeal in CLCC against a decision of
District Judge Reeves for not suspending an eviction notice without
a hearing. I am on fee remission.
The fee remission was refused with no reason despite all documents
submitted and the court refused to issue the appeal. I am a
disabled person which renders me vulnerable and lack of capacity.
the court is aware of this. I was told to wait for over 3 hours
until I was informed that a judge under the name of HHJ Saggerson
will hear me. I however lack capacity. I did not eat or drink
anything since morning I was at court.
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I write as a mother of 3 minor children, all born in the UK. We were given a possession order by the Bow County Court on 11th September 2014 and an eviction order on 29th September 2014. We appealed against the order as we have been given alternative accommodation the lawfulness and proportionality of the orders were not assessed by a Circuit Judge. Unfortunately, I am not represented by a solicitor and I am alone in this hardship. I humbly apologise for sending an email to QBDutyClerk@hmcts.gsi.gov.uk. as I have no other option due to the emergency of the matter and I am worried for my children.
An appeal was filed on 1st October 2014 including a stay of the eviction warrant pending the determination of the appeal. The Central London county Court kept the appeal and did not put it to the Circuit judge on time before the eviction scheduled for 10th November 2014 at 8am. In the circumstance that we do not have alternative accommodation (as we were waiting for the appeal) and the fact that children will be homeless, we sought help from Court of Appeal. They said that the jurisdiction lies in the high Court and the High Court said the jurisdiction lies on the Court of Appeal. The County Court suddenly provided a senior judge’s order indicating that there will be a permission to appeal hearing on Friday 14th September 2014.
Hence, we asked for the eviction to be suspended pending that hearing. We were refused. We do not understand the reason why.
It is imperative to suspend the eviction as we have been provided with an order indicating that a hearing will take place. That appeal hearing consists of both appeal against the district judge’s order and the stay of the eviction.
_________________________________________________________________________
Re: Eviction warrant scheduled for 10th November 2014
Dear Sirs,
As you may be aware, an appeal was made against DJ North’s order on 1st October 2014 and subsequent to the refusal of DJ Reeves to suspend the warrant of eviction, an appeal of his order was made to Central London County court on 6th November 2014. This particular appeal was apparently heard by HHJ Saggerson in my absence. I understand that Mr Ismail lacked capacity to conduct such hearing.
I also understand that HHJ Saggerson has not sealed his order yet and therefore we are not in receipt of it. In such circumstances, as the appeal is pending for determination and hearing and the order of HHJ Saggerson has not been received, any attempt to proceed with the eviction on Monday will be against the natural course of justice.
It is in the interest of justice for you to take necessary directions to proceed with your eviction warrant. If you are in receipt of those directions from A Circuit Judge, please send us the order so we can take further steps next week. In the meantime, we are in the same accommodation as no order has been made by a higher court with regards to both appeals (That is, the 1st October appeal and the 6th November appeal). I reckon that you understand the procedures and will follow the correct course of justice.
Finally, any attempt to obstruct our day to day life on Monday 10th November will amount to an unlawful interference with our private and family life and to the children. If you are reluctant to attend the property on Monday, please send me a copy of the order of the circuit judge or any high court judge which allows you to proceed with the eviction.
I reiterate that until the appeal is pending and has not been determined by a circuit judge and until the sealed order of HHJ Saggerson is not received and any further appeals determined by higher courts, we remain in the property unless you substantiate that your actions are lawful.
In those circumstances, I will be thankful if you could order an interim relief in this regard as irrevocable damage will be caused to the children who will be street homeless. The eviction will occur on Monday morning at 8am despite there is an appeal hearing on Friday 14th November. I have attached the order for your consideration.
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TO STEPHEN TIMMS MP
Dear Sir
Please see attached order and application. it is called out of hour application which has to be done by a solicitor. I take debts and did it to save my family and children. I do not know how to repay that.
You are however already aware that despite there will be an appeal hearing this Friday 14th Nov 2014, Bow county court did not suspend the eviction. Focus E15 Mothers assisted me with over 50 people this morning. They spoke and resisted the bailiffs as they were trying to act despite there was a court’s order…. The bailiffs were very abusive and when police was called, they refused to come. they disrespected High court’s orders. E15 Focus witnessed everything and recorded the whole incident.
I now request your assistance and urgent action to push the council to provide me with an alternative accommodation until assessments of my needs and my children’s needs are carried out.
I reckon that you also thought that I will be evicted. I am still in my home at 47b Colchester Ave, E12 5LF.
Regards
Mr Ismail
From: XXXXXXXXXXXX
To: XXXXXXXXXXXXX
Subject: RE: From Mr/Mrs Ismail – E12 5LF (URGENT)
Date: Mon, 10 Nov 2014 18:35:46 +0000
Thank you for your email. What is the latest?
I have never heard of a court order being processes at 11 pm on a Sunday evening. How did you receive it, and where are you now?
Ali
From: XXXXXXXXXXXXXXXXXXX Sent: 10 November 2014 13:09
To: XXXXXXXXXXXXXXX
Subject: From Mr/Mrs Ismail – E12 5LF (URGENT)
Dear Sir,
Today morning as you are aware that an eviction was scheduled for 8am. I am currently assisted by Focus E15. They all came to my address and assisting me. They asked me whether you know these matters, but I did not tell much…
Despite I got an urgent court order on Sunday at 11pm that eviction was suspended, the bailiffs and other people attended my property to put me and my family out on the streets. the bailiffs claim that the order was fake.
I hope you will now help me in this situation. Focus E15 will proceed to help me by pressurising the council to give me another accommodation as I am disabled with small children. They are presently putting a barricade on my door as they do not trust the bow county court’s bailiffs. I rely upon your cooperation and I will tell those supporting me that you are with us as well.
I await your response.
Regards
Mr/Mrs Ismail
__________________________________________________________________________high court order for suspension fo eviction
Parents Against Injustice UK 