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Housing Loss Prevention Advice Service (HLPAS) - Walsall Court

Housing Loss Prevention Advice Service (HLPAS) Court Duty Scheme - Walsall County Court

 

In the event you are unable to resolve matters and you are asked to attend a court hearing, we can also provide free legal advice and representation at the court.

 

If your landlord or mortgage company has applied to the court for possession of your home and a hearing has been listed on Tuesday or Thursday at Walsall county court then our duty legal advisor will be able to represent you at the court hearing free of charge under the HLPAS In Court Duty Scheme.

 

What you need to do

 

Please arrive at least 30 minutes prior to your hearing and speak to the court usher and they will direct you to one of our advisers at Walsall county court.

 

Bring any relevant paperwork to show them, for example:

 

  • a notice seeking possession
  • your court paperwork and documents
  • any defence sent to the court before the hearing
  • details of any legal help or representation you have already had
  • details of your income

 

What the Duncan Lewis’s adviser does on the day

 

The solicitor or advocate will ask about your case. It would be helpful if you have your paperwork with you as you only have a short time with them.

 

They can speak to your landlord or mortgage lender before you go in. For example, to agree a plan to repay your rent or mortgage arrears or agree next steps to defend the possession claim. The advisor can also speak to the judge on your behalf during the hearing.

 

What the adviser can ask the court to do

 

The lawyer could propose a repayment plan and ask the judge to suspend a possession order or eviction warrant in some situations. However, they will check you can afford the repayments in the first instance.

 

The lawyer could propose the hearing is adjourned if you need more time to get legal advice or to resolve any benefits issues you might have.  

 

If your landlord has made a mistake with the notice or the claim then the adviser can ask the judge to stop or dismiss your case.

 

After the hearing

 

The lawyer will explain the court's decision and your next steps. We will confirm your advice in a letter.

 

If you require further advice and assistance in your defending the possession claim, then we can apply to the Legal Aid Agency for a certificate of funding so we can continue to represent you in the claim.  This will be subject to an Income Means Test.

 

Civil legal aid pays for legal advice for people who cannot afford to pay a solicitor to represent them. If an application for legal aid is successful, it can pay for some or all of their legal costs.

 

Legal aid solicitors and advisers can deal with housing and housing debt cases including:

 

  • possession proceedings brought by a landlord or mortgage lender
  • loss of the home due to bankruptcy or enforcement of a debt
  • challenges to local authority decisions about homelessness applications
  • unlawful discrimination and breaches of a person's human rights
  • judicial reviews of public authority decisions

 

 

If you require Court Duty representation at Walsall County Court, you can contact one of our Housing advisors.

 

Telephone Number: 0333 772 2762.

 

Or Email at:               HLPASWalsall@duncanlewis.com

 


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