WWW.MOUNTBATTENCARSALES.CO.UK/Close Brothers - Faulty car

[dx100uk]

I thought you were using hceo's??!

 

the debt is +£600??

[dx100uk]

Mcol? - no hceo's Bailiffs... we told you about them earlier.

 

Cross courts Cost £60 ish 

 

Dx

 

 

 

 

 

 

[dx100uk]

Eh? Mcol is nothing to do with enforcement of judgement s.

 

 

Its a default judgement via northants bulk

 

.

 

Dx

[dx100uk]

county court bailiffs are puppies as opposed to a firm offering high court enforcement

just contact one 

they 'll do everything.

 

dx

[dx100uk]

to whom?

 

[dx100uk]

i am not recommending these.

but i've and cag have had many successful uses.

 

The Sheriffs Office

WWW.THESHERIFFSOFFICE.COM

 

[dx100uk]

1 minute ago, Andyorch said:

.County Court Bailiffs for HCEO Bailiffs they will arrange this for you. 

slight typo should read OR not for

[dx100uk]

Instruct us to enforce a judgment or order for money – The Sheriffs Office

WWW.THESHERIFFSOFFICE.COM

 

all you need is a copy of the judgement for claimant

 

dx

 

 

[dx100uk]

AFAIK

you request a forthwith judgement

Apply for execution of judgement 

apply for a warrant.

 

 

[dx100uk]

On 16/12/2022 at 12:26, Andyorch said:

PRACTICE DIRECTION 51R – ONLINE CIVIL MONEY CLAIMS PILOT

WWW.JUSTICE.GOV.UK

 

 

section 11 from above.

 

SECTION 11 – CONSEQUENCES OF THE DEFENDANT FAILING TO RESPOND ON TIME

Consequences of the defendant failing to respond to the court on time: judgment in default of responding

11.1(1) If the defendant does not, on time, contact the court, submit a time extension form (if appropriate) and submit to the court a completed response form or a paper response form, the claimant may request that the court make a judgment in default unless subparagraph (2A) applies.

11.1(2) The claimant may request a judgment in default by completing and submitting form OCON205A (“judgment in default form”) online using the OCMC website. When requesting judgment, the claimant may also specify their repayment plan (as defined).

(2A) If there is a moratorium in place under the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020, so that a claimant needs the court’s permission to apply for a default judgment, the claimant must make an application to the court in accordance with Civil Procedure Rules Part 23. If the court receives such an application, it must send the claim out of Online Civil Money Claims.

(3) If the court receives a request for judgment in default, it must “enter judgment” (as defined), unless paragraph 11.1A applies (When default judgment cannot be made).

(4) If the claimant has specified a repayment plan in the request for judgment, the judgment must state that repayment is to be made in accordance with that repayment plan, unless, at the time the judgment is made, a repayment date specified in the repayment plan has passed.

(5) If a repayment date specified in the repayment plan has passed before the judgment is made, the judgment must still be made in accordance with that repayment plan, but –

(a) if the repayment plan states that the whole of the amount owed is to be paid by a date that has passed, the judgment must state that repayment must be made immediately;

(b) if the repayment plan states that the amount owed is to be paid by instalments and the date of the first instalment has passed, the judgment must state that the first instalment must be made by a date that is one calendar month after the date of the judgment.

(6) If the claimant has not specified a repayment plan in the request for judgment, the judgment must state that the whole amount owed must be repaid in immediately.

(7) The judgment will be made for the amount of –

(a) the claim;

(b) any interest that the claimant is entitled to and has claimed on the claim form; and

(c) court fees,

minus any payments of the amount owed on the claim form that the defendant has already paid.

(If a claimant wants to claim any costs other than court fees, for example the costs of paying for expert evidence, the claimant would have to make an application under Civil Procedure Rules Part 23. Under Section 17 of this Practice Direction, the claimant would have to contact the court about this, and any Part 23 application would then be considered by a judge. The claim may be sent out of OCMC under to paragraph 17.1(2)).

 

[dx100uk]

what have you done regarding section 11 which part are you at ?

 

[dx100uk]

no you mentioned nothing about the agreement in your particulars of claim.

 

you indicated earlier you still have their property?

 

 

[dx100uk]

where have they agreed the car is unsatisfactory?
they simply suffered a default judgement.

 

you did not mention the agreement in your POC did you?

 

we need to see what you filed in the poc thus what you 'won' by default.

 

who has their car?

 

dx

[dx100uk]

please so we make no mistake

post up the text of the POC you actually filed.

 

probably best to...

contact close and tell them to come get the car and cancel the remaining agreement.

[dx100uk]

1 hour ago, dx100uk said:

post up the text of the POC you actually filed.

 

[dx100uk]

How is the figure you won made up?

 

Does it equate to what you have paid to date via payments to close brothers?

 

Dx

[dx100uk]

brilliant.

write to close brother head office

simply state...

following the my now settled judgement against yourselves, ref (see copy of judgement attached to this letter)

please arrange within the next 14 the collection of said vehicle under the voided/cancelled hp agreement xxxx .

failure to collect the vehicle will incur you a £15 xxx day store cost.

should i fail to hear from you within the above period , please be under no illusion that i will not tolerate to allow your property to remain within my possession and i WILL raise an immediate court claim without further notice to yourselves.

[dx100uk]

cancel dd yes.

should of done that long ago.

its not your car you cannot sell/scrap.

 

 

 

 

[dx100uk]

Ok.

Well stop the DD now it's concluded.

 

Dx

[dx100uk]

the agreement does not exist anymore surely

 

dx

[dx100uk]

the agreement is surely voided by the court claim part of it was the car was unroadworthy and the payment judgement was all the payments made.

pers id tell close brothers the car will be scrapped in xxx days if they dont come and get it.

its as if they dont know you won a court claim against them.

let them goto court themselves then

shock coming CB.

 

 

[dx100uk]

On 11/02/2023 at 13:30, Giraffegirl13 said:

By an HP agreement on 30/4/22 with the defendant I bought a car – Kia Sorento,  for £7700.

Within In the first 5 months the car demonstrated defects and is not of satisfactory quality.

Claimant was informed by the supplier that it was her own responsibility.

Being unaware of her rights, she had certain repairs carried out at her own cost.

The vehicle is presently undrivable and is her premises.

The supplier of the car and defendant have both been fully informed and have declined to act refused to take any action.

Claimant seeks full reimbursement of purchase price, repair costs & incurred expenses - £5470.53. Defendant has been notified of storage cost."

 

[dx100uk]

ignore them .

do not VS.

 

dx

[dx100uk]

VS means you owe the whole sum of agreement. VT means you only owe to the 50% mark.

 

Dx

[dx100uk]

did you send in VT papers?

you have 2 default judgements now then?

the 1st is paid, but this new one on (date) is not?