Derby Car Centre Ltd/Pride Park - Vehicle Not Fit For Purpose***Judgment/paid in Full***

[AndyOrch]

Query it with MCOL Laura in the morning.

[AndyOrch]

Interest

 

This screen will ask you if you want to reserve the right to claim interest. If you wish to claim

interest please select yes (select no if you do not wish to claim interest). Interest under the

County Court Act is charged at 8% per annum. If you select this option please be aware that

this will reduce the amount of space left in the main particulars box by six lines. This is

because a statement is automatically added explaining you are claiming interest under the

County Court Act. You will be able to see the extra information added in the next screen

 

“Summary”.

 

If you wish to claim interest under any other act or agreement, please select no. Instead, enter

full details of your interest claim in the main POC box. More information on claiming interest is

available in booklet EX350 -

[Laura Cooke]

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?

[AndyOrch]

Yes give them a ring tomorrow.

[Laura Cooke]

Will do and many thanks once again for your support

[AndyOrch]

Yes Laura the claim was transferred to the high court for enforcement purposes...but you need to speak about the judgment and section 69 interest to Northampton

[Laura Cooke]

Yes will do first thing would you happen to have a number by any chance?

[AndyOrch]

The Money Claim Online Help desk experiences a high volume of calls. Please consider e-mailing your query to: MCOL@hmcts.gsi.gov.uk or call us on 0300 123 1057.

[Laura Cooke]

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.

[AndyOrch]

How do you know they have applied to set a side Laura...have the court informed you?

[Laura Cooke]

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

[AndyOrch]

Well if its any consolation Laura they are only prolonging the inevitable....at their cost...have you been informed if their will be an hearing to consider their application to set a side?

[Laura Cooke]

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

[AndyOrch]

Wont wash with the courts...and the court will require a hearing for the application...so he needs to stump up a further £100.

[Laura Cooke]

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.

[AndyOrch]

Not to worry Laura...heard it all countless times...so as the courts....you must object to the application for the above reason by way of a witness statement.....but wait until a hearing date is firmed up...i would be amazed if the court accept it without an hearing.

[Laura Cooke]

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

[AndyOrch]

You stated yesterday......

 

" Paper work as arrived he is stating the address where papers were sent are his accountants and not his address "

 

From where the defendant or the court ?

 

Interest is automatically added to the judgment if input through the MCOL interest screen section and you also stated it and shown calculation within your particulars of claim.

[Laura Cooke]

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

[AndyOrch]

But where as this application come from ...the court or the defendant ?

[Conniff]

Of course it's all done to try and make you give up. That's why lots put in their letters 'we will be consulting our Legal Team', it sounds good and frightening like some huge company instead of some backstreet car sales and is designed to make you go away. Half of them haven't got a solicitor let alone a legal team.

[Laura Cooke]

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.

[AndyOrch]

You will have to scan and post the paperwork...less any identifiable data...forget all the details of who did what for now Laura...we are dealing with their application.

Please scan in all the paperwork from the court in connection to their application to set a side,

[Laura Cooke]

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

[AndyOrch]

The courts paperwork also Laura ..General Order ?