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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Hi, another question following on the previous. I entered

Customer Question

Hi, another question following on the previous. I entered Court Form N208 Part 8 asking for the court to order the Finamce Company to issue me with an invoice for the car, to confirm that once it was paid by me, ownership would be transferred to me. I backed this up with details of how the dispute arose and enclosed witness statement. The claim was issued by the Lancaster County Court, it was deemed to be served on 10th Sept and the Defendants were given until 24th Sept to reply. No reply has been received, I checked with court this afternoon. This was after I was rang by the bailiff saying he was coming today or Monday to repossess the car. He said that the Finance Company, a very major EU company would not be bothered by my asking for the order. I also contacted the court after I spoke to the bailiff, to explain the current position and asked if they could ask the judge to issue an Order forthwith. Whether this will be sucessful I do not know, but in the meantime is the case sort of sub-judicial and does the Fin Co have to wait for an order or can they press on and repossess the car whilst the case is progressing through the court- plaese advise.

I forgot to add that on the claim form I also asked the court to instruct the Fin Co not to pursue repossesion until the invoice had been sent to me.

You mentioned an injuction in the previous discussion/answer, how do I obtain one? or is it not necessary having put the papers in court and the defendant being out of time?

my home phone is(###) ###-####/p>

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Thank you for requesting me again

Alex Watts :

What will happen is the Court will list the matter for a hearing but the Defendant will be debarred from giving evidence

Alex Watts :

This is because unlike a normal CCJ the part 8 procedure is on evidence.

Alex Watts :

Therefore unlike Judgment in default, D is just stopped from allowing any evidence

Alex Watts :

So the Judge will decide on your papers

Alex Watts :

can I clarify anything for you about this today please?

JACUSTOMER-1ljnpwqo- :

Hi, The question of repossession is the immediate problem, can the defendant attempt to repossess the car whilst the case is being considered by the court. The bailiff told me that the finance company would not be bothered by the claim I entered and would instruct him to continue to attempt to repossess the car. I asked the court to delay the repossesion until I had received a proper invoice for the correct alue of the car, confirmation that after I had paid them that the car would br transferred to me and that in the meantime the threat of repossession would be withdrawn.

JACUSTOMER-1ljnpwqo- :

I am sorry I did not pick up your reply until just now

JACUSTOMER-1ljnpwqo- :

Or should I ask for an injunction.

Alex Watts :

Potentially yes. But I see you have posted a new question about procedure so I will answer there

Alex Watts :

If you could rate this answer in the meantime I would be grateful

Alex Watts :

Thanks!

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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