Laura Cooke
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An application notice from Northampton business centre (see N244 notes) asking for court to set aside judgement without a hearing and stating information to be relied upon will be statement of case, also separate letter from the company asking the court to remove judgement against the director as the case has already been drawn against the company
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We are asking the court to set aside the judgement as the company had no knowledge of the Judgement until the default judgement was sent to *** Accountancy dated 4th November 2015. We have attatched a copy of an email from *** Accountancy stating this is the first peice of paper work they have received regarding this matter. As stated in the email, the address on the judgement refers to a "flat" and therefore previous paper work would have been delivered to the flats above the accountancy business. Had we had knowledge of the judgement we would have defended the case in full. We would ask the court to set aside the judgement in order for the company to be afforded the opportunity to have the defence heard
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Come from court and stamped attatched to it is some communication between us and the garage which in my opinion some of the paper work is greatly in our favour shows what we have had to put up with from day one when we rejected the vehicle and the garage ignored all invites to inspect the vehicle, collect the vehicle, gave dates they were coming and never turned up and all this evidence is highlighted in the paper work enclosed with the court paper that as come it does not show them in a good light so at a loss why they would have included it to get the judgement set aside, all they go on about is they should have been given opportunity to inspect it and repair it, they were given umpteen opportunities to inspect and the vehicle was rejected as it was declared unroadworthy after an independent inspection so a replacement vehicle was purchased.
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On the application notice to set aside the judgement he is stating he had no knowledge of the default as judgement was sent to his accountant the address I gave on my claim is the registered address for the company and the director apart from placing "Flat" on it the application kind of contradicts itself they state this is the first paper work they got the judgement so why did this accountant also using this address not get the initial claim. Why did the accountant open it/sign for it, and then they say paper work must have gone to the "flat" upstairs well the judgement did not if they received it. They said they would have defended the claim had they had knowledge of it, but I have read they do this to customers call their bluff then they had to act when the judgement came. Why would an accountant then email just a garage salesperson about the paper work arriving not the the actual person it was meant for the director
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So I cannot do anything until I get a chance to do so in a court or by the way of documentation being sent to me about it? I have read many cases about this company misleading time wasting and stalling to avoid having to pay out at court. I have complained to moneyclaim as this is what came up when I put the postcode in for the address "Flat" and that is what went down I have also said I was led to believe the interest is automatically added at judgement I now find this is not the case, so the claim did not have any interest on
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Though I put the correct business address and also same address is listed as the directors address moneyclaim only came up with "Flat" which I put on the address and this is what they are saying is wrong but the number of the property is correct and the street is correct and postcode all very petty, they are saying they did not know about the claim till they received Judgement so if they received Judgement to the "wrong" address how come they never received the actual claim? and what was the accountants doing opening things instead of the director and the company whom the paper work was sent to. I find it all very misleading the registered company is at this address, the director is down as this is where he lives, the accountant is operating from this address.
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Paper work as arrived he is stating the address where papers were sent are his accountants and not his address (This is address for him wherever we have checked) apparently accountants emailed the garage to one of the salesmen there to inform them that the judgement had come but stated they had not received anything else, so who signed for the court papers then sent to the same address? I said this address giving out as his home address was the same address as the registered company he is misleading people then he can say papers were sent to wrong address. It is stated had it gone to his proper address he would have defended the case well that is odd the garage is the correct address where second lot of papers have gone to and not heard from them either!!! He as requested "Without a hearing" full of rubbish about he offered to repair but we never let him get opportunity to do so, and placed vehicle in storage without his knowledge, he was told umpteen times verbally and by letter it would be going in storage if he did not come to inspect it or collect it. He is denying it has all the faults independently found by a garage we had inspect it. Basically making out we have blocked all his attempts to help what a utter fictitious account. I would have liked the judge to be aware (Probably he is) that the garage were sent the same papers so why have they not defended this action. He is giving out the address the papers were personally sent to him as being his home address so if it isn`t what is his address? he is misleading people so they are given the run around, even the email sent from the accountants has not been sent directly to him just to a salesman The judge can check himself he is listing the address all court papers have been sent as his home address, now this as become his accountants
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Yes an application as been received the court said, this is a disgrace I gave both the director and the garage 2 weeks after judgement to still deal with the matter and still no contact for them then to wait till it was transferred to the high court to do this, it my opinion it is time wasting and how they can be allowed to do this after a year of ignoring matters is beyond me. Be interesting to see what a judge will make of it causing us to have to travel miles to the county court, people who do this should be made answerable for their arrogant behaviour especially when they have a court order still in place to deal with customers professionally and not to mislead them and to deal with problems it is not on
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Judgement was made to both the garage and the Director I understand they have applied to have the judgement set aside this is disgusting all through the year they have ignored everything. The County Court told me this morning that the section 69 interest should have been added to the Judgement and that this is not done automatically Been trying to ring the enforcement team for an update no one answering.
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Yes will do first thing would you happen to have a number by any chance?
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Will do and many thanks once again for your support
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Yes I ticked the rights to claim interest and printed it off it clearly states this on my copy and up until judgement it says claim transferred is that to the high court? was told sheriff as transferred it so I will have to ring Northampton about this interest having been omitted?
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Oh right something is wrong then because I put on my claim to add 8% to the claim up and to Judgement at 99p a day
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Yes I did was just puzzled as the Judgment just states amount due £4519
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Should I Have added the £361.52 to the claim for the interest if so I didn`t I just put £4519
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No HCEO in the area of the business Birmingham & Manchester seem nearest
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With the recent TV documentary and the amount of people involved I have no doubt the garage has protected it`s dirty dealings how they are allowed to do this is beyond me especially when a court order is still outstanding ordering the company to treat customers with respect and to not mislead them. Can you instruct a high court bailiff if so anyone in particular and costs?
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Garage never responded Judgement granted gave garage and head of the company 2 weeks to pay up that time as nearly ended what should I do next?
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Thanks Andy your help as been very much appreciated
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17th November?
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Payment Frequency * I would like the judgment to be paid Immediately The defendant will be ordered to pay the total sum admitted. By instalments of Per The defendant will be ordered to pay the amount admitted in instalments. The first instalment is due one month from the date of the Judgment order. In full by (It has a calendar and you can pick a date) If you choose to be paid immediately it says at side The defendant will be ordered to pay the amount admitted by the date indicated.
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Shall I put tomorrows date want paying Andy?
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The Judgement can be entered now I assume I put want Judgement paying immediately? and have to give a date, what date can I enter and I am asking jointly for the garage and the director?
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I rang the court they said to do it tomorrow they have allowed for the weekend
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It is all very misleading paper says they have till 31st October now it`s 33 days no wonder people cannot deal with this themselves it is all very confusing I will ring someone as advised thanks Andy
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Reclaim the right Ltd
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS