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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am in a dispute with a finance company over a car loan. On

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I am in a dispute with a finance company over a car loan. On 2 October there was a hearing which I was unable to attend and an order was made in my absence ordering me to offer up the car. In good time I made an application to set aside the order and a
hearing is listed for 9 December. In the meantime the finance company came to collect the vehicle and I was forced to hand them the keys vehicle documentation. I quickly applied for a stay of execution and that has been granted but they are refusing to give
me back the car saying they were entitled to act on the order and that the stay only prevents them from selling it. Is there nothing I can do to get the car back before the hearing on 9 December?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
Was the stay of execution made before or after they picked up the car?
Customer: replied 2 years ago.
After they picked up the car
Expert:  Ash replied 2 years ago.
So you applied for a stay after they picked up the car?
Did you ask the Court to order they deliver it back as well?
Customer: replied 2 years ago.
no
Expert:  Ash replied 2 years ago.
ok, that is the problem. You should have made the stay of execution application BEFORE they picked it up. If you did not then picking it up is unlawful.
If they picked it up and then you made the application you should have asked the Court for them to deliver it back. So all you have done is asked the Court to stop them enforcing it, which they have already done.
Sadly there is nothing you can do until the outcome of the set aside application I am sorry to say.
I am very sorry that this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.
It would involve another fee but could I not make another application for an order that they deliver it back?
Expert:  Ash replied 2 years ago.
You could yes, but if you have an application to set aside, really there is no point. This is because in reality the set aside is likely to be heard before the deliver it back one.
Does that clarify?
Alex
Customer: replied 2 years ago.
The application for a stay of execution was dealt with without a hearing and I had a result in about a week. I would assume a further application would be dealt with in a like manner.
Expert:  Ash replied 2 years ago.
No. For delivery up there is likely to be a hearing - you can try but a suspension of execution is dealt with on papers but delivery up at an actual hearing.
Alex
Customer: replied 2 years ago.
Oh I see. Okay then I guess there is nothing more I can do. Thank you
Expert:  Ash replied 2 years ago.
I am sorry its not better news.
Can I clarify anything else for you today please?
Alex
Customer: replied 2 years ago.
So even if I had asked for them to return the car in the application for a stay I would have had to wait for a hearing. Could they not have sold the car in the meantime?
Expert:  Ash replied 2 years ago.
Yes you would. In effect its an injunction you are asking the Court for - a return.
As soon as they are notified of an application they should not dispose of the car. If they do then they would have to compensate you or get it you back.
Does that help?
Alex
Customer: replied 2 years ago.
Yes it does. I simply made a mistake as I believed that once I applied to set aside everything was stood over until the hearing.
Expert:  Ash replied 2 years ago.
Yes indeed. Sadly not, but hopefully it should all be resolved soon.
If this answers your question could I invite you rate my answer before you leave today.
If the system won’t let you please click reply.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
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Customer: replied 2 years ago.
Yes, I am very upbeat on my prospects to successfully set aside.
I will certainly rate your answer and thank you very much for your help
Customer: replied 2 years ago.
The Claimant has file a witness statement saying that he doesn't accept I have a valid excuse for not attending the hearing on 2nd October. The hearing was originally listed for 8 October at 2 pm but when I arrived back from holiday it had been brought forward with a time of 10 am. I made a mistake with the time and in the normal course of events I would have checked but was suffering from a horrible virus and simply trusted what I had done. My doctor simply put on my medical certificate that I was suffering from a cough. It must be said it really was a bad one and lasted for 3 weeks. Do you think this is likely to be a problem?
Customer: replied 2 years ago.
It seems there is case law on this so I guess I should go by that