ABSTRACT
Prior to the Consumer Credit Act 2006, there were certain sets of circumstances in which the court had no option but to refuse to make an enforcement order. The court is to lean in favour of granting an enforcement order and is to bear in mind its various powers before refusing an order. If the court refuses an application for an enforcement order, it may make a declaration to this effect, and if such a declaration is made then no fresh application can be made. In respect of an application for a time order arising out of arrears, the court can, after taking into account the means of the borrower or hirer and any surety, make an order for the payment of instalments by the borrower or hirer or any surety. In considering whether to make a time order, the court must consider the interests of both the borrower or hirer and the lender or owner.
