I received a CCJ for a car PCP agreement. I Told the other side I would appeal and submitted a N244 requesting a stay of proceedings and set aside of judgement. I drafted a witness statement to accompany the N244. I shared a draft of this with the other side. I submitted it on 21 June 2024. On 1 July the car finance company turned up and repossessed the car. I told them this would be a wrongful repossession and they were acting prematurely. They disagreed. I wrote to the court and advised them of this with a draft order exercising a wrongful repossession. The court issued on 10 July a Notice of Hearing referencing the application made on 21 June 2024 granting the stay of proceedings until the case is heard. The hearing is scheduled for 24 November 2024. Where do I stand in relation to the car. Do they need to return this to me or do they just keep it until the hearing is completed in November? Also there is a complaint in with the FoS about all the breaches of the CONC code they have caused.
stay of proceedings granted, but repossession already took place
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