N244 Repossession

[jimbob77]

I was in receipt of a CCJ and I informed the other side that I disputed the default ruling as I had not received the court papers. I did receive the bundle from the other side's solicitor but did not attend court as they put the wrong date on their covering letter. Also the case is being investigated by the Financial Ombudsman Service for various breaches of the Financial Authority code. I provided the other side with a draft witness statement and N244 and because it included some counter claims, I gave them time to respond as part of the pre-action protocol. I followed up with them a few weeks later and they confirmed that they did not wish to negotiate. I then advised I would proceed to file the N244 at court. I also advised them when I filed at court. This was sent to both the claimant and the claimant's solicitor and acknowledged by their solicitor. Their response was "we will continue with recovery of the vehicle, regardless of the status of the N244". again received by email. On the day of the filing, the claimant arrived at my property and repossessed the vehicle. I told them prior that as the N244 had been served with a stay of judgment request that it is irregular to carry out the recovery and that I consider it harassment and trespass. However, they ignored me and continued.

My question is a) now that they have the vehicle is my case sunk?

b) if it isn't sunk, how do I get the car back while we wait for the N244 to be heard?

c) The finance agreement states that if they carry out a repossession without a valid court order they are liable to pay me all sums paid under the agreement. When does the N244 become valid and have they carried out the repossession without a valid court order, given that they knew a N244 would be served?