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Hi Everyone, I could do with some advice.
A Stay of Proceedings order was granted against a possession order for a car that was on a PCP, where over 50% of the payments had been made. The claimant was advised of the submission of the N244 and took possession of the car before the court had processed the N244. The N244 was then issued granting the stay of proceedings and scheduling a hearing to set aside the judgement in November 2024. The claimant continued to hold the car (he did not return it) and the claimant stated he intended to sell the vehicle before the hearing for setting aside. I wrote to the court to advise and the judge wrote to the claimant and me reminding everyone of the stay of proceedings.
Today I received a notification from the app linked to the car that my access has been removed - I suspect the claimant is going to proceed to sell the car in advance of the hearing. The claimant is also under investigation by the Financial Ombudsman Service for failures to comply with the FCA code up to the issuance of the possession order.
My question is, if the car had been in my possession before the stay of proceedings had been granted, I would still have use of the car and he couldn't collect it. But as the car is in his possession before the N244 was issued by the court, can he continue to effectively possess the vehicle through removing my access and ultimately disposing of the vehicle. Does this give grounds to apply to have the case struck out and compensation paid?
A Stay of Proceedings order was granted against a possession order for a car that was on a PCP, where over 50% of the payments had been made. The claimant was advised of the submission of the N244 and took possession of the car before the court had processed the N244. The N244 was then issued granting the stay of proceedings and scheduling a hearing to set aside the judgement in November 2024. The claimant continued to hold the car (he did not return it) and the claimant stated he intended to sell the vehicle before the hearing for setting aside. I wrote to the court to advise and the judge wrote to the claimant and me reminding everyone of the stay of proceedings.
Today I received a notification from the app linked to the car that my access has been removed - I suspect the claimant is going to proceed to sell the car in advance of the hearing. The claimant is also under investigation by the Financial Ombudsman Service for failures to comply with the FCA code up to the issuance of the possession order.
My question is, if the car had been in my possession before the stay of proceedings had been granted, I would still have use of the car and he couldn't collect it. But as the car is in his possession before the N244 was issued by the court, can he continue to effectively possess the vehicle through removing my access and ultimately disposing of the vehicle. Does this give grounds to apply to have the case struck out and compensation paid?
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