Car Finance

[epilu01]

Is there any LEGAL ARGUMENT by a CLAIMANT (Car Finance Company) to stop a Judge issuing ASUSPENDED POSSESSION OF GOODS ORDER even though the Defendant is able to maintain payments. The Defendant has already paid 3/4's of the original debt? The Judge adjourned the hearing and requested the Claimant provide the legal argument and references in the Consumer Law to support the argument as he and the Claimant's solicitor had never come across this issue before? Please help as another hearing is set for just over 2 weeks time. I have yet to receive correspondence from the Claimant.
Epilu01

[pt2537]

Is there any LEGAL ARGUMENT by a CLAIMANT (Car Finance Company) to stop a Judge issuing ASUSPENDED POSSESSION OF GOODS ORDER even though the Defendant is able to maintain payments. The Defendant has already paid 3/4's of the original debt? The Judge adjourned the hearing and requested the Claimant provide the legal argument and references in the Consumer Law to support the argument as he and the Claimant's solicitor had never come across this issue before? Please help as another hearing is set for just over 2 weeks time. I have yet to receive correspondence from the Claimant.
Epilu01

Application for a time order under s129 CCA 1974 springs to mind

[epilu01]

Application for a time order under s129 CCA 1974 springs to mind

Can you please elaborate as I thought the Defendant applies for the time order!

[R0b]

So, are you the claimant or the defendant?

Your original post says you are waiting correspondence from the claimant (suggesting you are the defendant) and then you're questioning the fact that the defendant has to apply for a time order (making me think you are the claimant).

Doesn't make any sense to me so some clairty would be helpful and who requested the suspension of the possession order, claimant or defendant.

[epilu01]

So, are you the claimant or the defendant?

Your original post says you are waiting correspondence from the claimant (suggesting you are the defendant) and then you're questioning the fact that the defendant has to apply for a time order (making me think you are the claimant).

Doesn't make any sense to me so some clairty would be helpful and who requested the suspension of the possession order, claimant or defendant.

Sorry, I am the defendant. The Judge was ready to issue a Suspended Return of Goods Order but the Claimant's objected because the instructions from the Claimant is that they want the vehicle returned together with a money claim for the outstanding amount of 3,306 pounds even though I have already paid over 11,000 pounds. The current conservative value of the vehicle is about 5000 pounds. The judge has requested the claimant provides a legal argument which prevents him issuing a suspended return of goods order together with a schedule of payments. However, the claimants solicitor indicated that as the original agreement was terminated by default notice and then the agreement naturally ended in May 2021, the Claimant is no longer entitled to accept a Suspended Return of goods order. Apparently there is a legal argument in law to prevent the Judge doing so but the he could not immediately find anything in his reference books to support this argument. Are you aware of any such section in Consumer Law?

[pt2537]

The Court retains the power to make a time order, but the question is , was the default notice compliant???? If it wasnt then no rights to possession arise.

[epilu01]

HI,
The Default Notice was served after 2 payments were missed but what makes a default notice none compliant?
I have now received the correct wording of the Court Order which states the following:
"The Claimant must file and serve a statement setting out the legal reasons why a suspended return of goods order cannot be made citing any sections of the Consumer Credit Act relied upon by 4pm on 4 April 2021. The matter be relisted on 27 April 2021". Is the Claimant able to stop the Judge making this order?

[epilu01]

Can the Creditor use section 35 of the Consumer Act to prevent the Court issuing a Suspended Return Order and request immediate return of goods instead?
135Power to impose conditions, or suspend operation of order.

(1)If it considers it just to do so, the court may in an order made by it in relation to a regulated agreement include provisions—

(a)making the operation of any term of the order conditional on the doing of specified acts by any party to the proceedings;

(b)suspending the operation of any term of the order either—

(i)until such time as the court subsequently directs, or

(ii)until the occurrence of a specified act or omission.

(2)The court shall not suspend the operation of a term requiring the delivery up of goods by any person unless satisfied that the goods are in his possession or control.

(3)In the case of a consumer hire agreement, the court shall not so use its powers under subsection (1)(b) as to extend the period for which, under the terms of the agreement, the hirer is entitled to possession of the goods to which the agreement relates.

(4)On the application of any person affected by a provision included under subsection (1), the court may vary the provision.