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Webbo87

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  1. Yes we included a claim of interest in the particulars. If I don’t get myself in front of a judge today, could I attempt to go back tomorrow and wait again or was there a reason you recommended to go on a Monday? I understand the urgency of this, I have also contacting an enforcement officer to see if they can assist in getting the vehicle back.
  2.  Hi, The Mazda we purchased based back in August is currently sitting on your forecourt, pending court case which a date has been set for June. I have noticed on Google that Astral Motors is permanently closed and the website no longer active. Are Astral Motors no longer trading? If so is the car still on the forecourt? I think as owners of the vehicle it would be best to come and collect the car and keep on our property until the court case is settled. Please can you let me know if its possible to come and collect it, when it was left with you we also left a spare key which we would like to collect. Many Thanks, Chris Webster That was the email chain. I simply requested picking up the vehicle after noticing they had closed permanently.
  3. I was told via a previous email from Mark Forshaw that if I was to drop the case then they would return the car to me. I guess there is a risk that I drop the case and they still don’t return the car to me? My concern now is losing both the car and the money. I am wondering now whether to cut my losses and drop the case entirely to try and retrieve the car at least.
  4. Attached is my updated order and statement. I just hope I get my chance to speak with a judge and get the order in place. I understand the urgency for this and really hope it is not to late to take action. The fact the forecourt still has cars on site that were on sale when we originally made the purchase makes me believe he will Pheonix the company and start afresh in a new name. I have read that if he changes company name and the company registration number stays the same we can still enforce against them. I am constantly checking on companies house for any new companies with Mark Forshaw as director. Order and Statement.pdf
  5. Hi attached are the documents I have drafted to use. Along with all the attachments as mentioned in the N244 application. I have screenshots of companies house and all various companies Mark Forshaw is associated with, pictures of the trading premises with Astral Motors signage removed and pictures of the car sitting on the forecourt. Do you think this is enough for me to take to Dartford CC? Application Notice.pdf Order and Statement.pdf
  6. Attached is the Notice of Hearing received. I have put together the N244 response and all documentation as recommended by Bankfodder. The £100 fee is that payable once I am at Dartford CC and have requested to see the judge with the application ex-parte? Mar 20, Doc 1.pdf
  7. After no response from Astral Motors we have received the attached from their legal representative. This has come about due to us asking for the return of the vehicle to our possession. Our immediate concern is that Astral appear to be folding which as you state makes our case difficult. The dates they appear to have been told do not align with actual events and it appears Astral have not given any background information to the case. I believe an application to get the case brought forward would be in my interest. Can you assist in doing this please? MAZDA CX 5.pdf
  8. That's interesting as Unit 9 is also a car sales garage, the whole of the estate it is on is a number of different garages (5 in total). I will research the other companies on the site and see if they are linked some how and if the company directors are the same. I think it would be useful to try and apply an application notice if there's a chance the case can be brought forward.
  9. I slight update on this. It appears Astral Motors have ceased trading, a quick google search stated them as permanently closed, also the website is no longer active. When calling the office number a default message of the number if no longer in use is played, there is also no response on the company mobile phone number, however this does ring and we have left multiple voicemails trying to contact Astral Motors to see if the case can be resolved out of court. A company lookup shows Astral Motors as active still, however company accounts have not been submitted and are overdue. We have driven down to the forecourt and there are still a number cars onsite (around 50 cars, including ours locked up on their grounds), the Astral Motors company sign has been removed from the property. My immediate concern is what happens if Astral Motors does cease trading fully while the court case is still open? Does the case revert to the company owner, or would it be passed onto a potential new owner of the company if sold?
  10. Just an update, we have been set a court date of 16th June. I guess there is nothing more to be done now other then wait for the hearing. Thank you all for the help so far.
  11. Hi, I just wanted your opinions on the location of the car and where I should leave it. The car was left with Astral Motors on the 16th September after we refused it. We are legally the owners of the vehicle and it still has valid Tax and insurance, the car is sitting on the forecourt at the garage. Are we best to leave it with them until the court case is settled or would it be better to go and collect the vehicle and have it on my property/driveway?
  12. Thanks all for your assistance so far. My reply and cover letter has been sent to Dartford court this morning. I will follow up in a few days with a phone call to ensure it has arrived and been added to my file. Will be back on here as soon as I hear any further information. Thanks again, Chris
  13. Thanks both for your replies. Although submitting this as a response will provide the defendant all the details, I don't feel the defendant can reply with a credible response? The case is cut and dry with the response and evidence I have provided. I have attached my final reply and the cover letter I will send to the court. Please could you advise if anything should be added or amended. I will sent a copy to Dartford court via Royal Mail signed for service. I still have the question regarding the Discretionary litigant in person costs which takes my claim above the £10,000 limit for small court claims, can this be removed? Thanks, Chris astral order v3.docx Court Cover Letter.docx
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