I have entered an N209 Part 8 in Lancaster County Court, the Defendant is a large EU Finance Co. The HP agreement was for a car. I have asked the court to issue an Order on two points, but the one that is of pressing concern is the third which asks the court to instruct the defendant to withdraw his threat of repossesion of the car until the first two points are resolved. The defendant is now outside the time limit to respond and has not responded. So the claim will shortly be listed without a defense. I think my case is strong. I was contacted by the bailiff last Friday and he said that the Fin Co would not be bothered by the court process. This is my question is the defendant able to pursue his wish to repossess the car whilst the case goes through the court - or does it become sort of sub-judicy and he has to wait until judgment is given? Alternatively could I ask for an injuction to stop the repossession proceeding just now?
Court Form was N208 CPR part 8 ( Not N209
Hello my name is ***** ***** I will help you with this.
Have you also completed form N16a as well to try and stop D from taking possession?
No should I do that
Form N16a is for an injunction
But you should only complete this if they have threatened to repossess before the Court hearing
Ask them for it in writing
If they refuse then issue the application
I guess I can just refuse to let the bailiff take the car, he has no order only instruction from Fin Co
Indeed. You can refuse or lock it in your garage!
Can I visit the court and fill in the form there, will the injunction be issued immediately?
The application yes. You may need an urgent ex-parte injunction
The bailiff said he would proceed tomorrow- a threat he may not carry out. How do i notity the Defendant- is it best for me to use a local solicitor?
No - if they said they would do it then complete form N16a and apply for an injunction tomorrow.
If a Judge grants it you need to serve it upon the bailiff and D
OK. that's clear thanks again.
Can I clarify anything else?
No thanks for you time, bye