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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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I have entered an N209 Part 8 in Lancaster County Court, the

Resolved Question:

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

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

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Have you also completed form N16a as well to try and stop D from taking possession?

Customer:

No

Customer:

No should I do that

Alex Watts :

Yes

Alex Watts :

Form N16a is for an injunction

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf

Alex Watts :

But you should only complete this if they have threatened to repossess before the Court hearing

Alex Watts :

Ask them for it in writing

Alex Watts :

If they refuse then issue the application

Customer:

I guess I can just refuse to let the bailiff take the car, he has no order only instruction from Fin Co

Alex Watts :

Indeed. You can refuse or lock it in your garage!

Customer:

Can I visit the court and fill in the form there, will the injunction be issued immediately?

Alex Watts :

The application yes. You may need an urgent ex-parte injunction

Customer:

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?

Alex Watts :

No - if they said they would do it then complete form N16a and apply for an injunction tomorrow.

Alex Watts :

If a Judge grants it you need to serve it upon the bailiff and D

Customer:

OK. that's clear thanks again.

Alex Watts :

Can I clarify anything else?

Customer:

No thanks for you time, bye

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