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

[AndyOrch]

Section 69 interest is automatically added providing you enter it when submitting your claim and you detail it within your particulars

[Laura Cooke]

Yes I did enter it in the submission it is there to see but when I rang Northmapton they said it should have been entered on the Judgement every time I ring you get differential information

[Laura Cooke]

On the claim form under particulars of claim I put down "The claimant claims interest under section 69 o the county courts act 1984 at the rate of 8% a year fom ****to **** on £**** and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £0.99" I assumed as advised this would then be automatically added for me at judgement but it wasn`t

[AndyOrch]

Automatically added at the issue of claim...Ie the total interest would be in the claim total along with your court fee....you cant add it a judgment....the court drafts and issues the judgment and amount required for payment.

[Laura Cooke]

So when I wrote it down in particulars of claim it should have totalled up in amount claimed? if so will ring them again but doubt anything can be done now, when you fill in the request for judgement in the D section I assume they mean I did not fill that in period from ------- to------- rate----% my own fault as so unsure has to what I am meant to be doing this as been so difficult for me

[Laura Cooke]

Are you allowed to go along to a set aside hearing and speak on behalf of your relative who is vulnerable

[AndyOrch]

Hi Laura

 

Take a read of the following from 61 on wards and in particular 77.

 

https://www.judiciary.gov.uk/wp-content/uploads/JCO/Documents/judicial-college/ETBB_LiP+_finalised_.pdf

[Laura Cooke]

UPDATE

 

Was in court for the set aside hearing this week, as expected the director of the company failed to show sending a salesman from the company instead. I approached the salesman and told him that his boss had filed the application papers and that he must attend the hearing, he stated that was not the case and that he could represent the company and that the case would definitely be set aside I told him I did not think so, I let him glance at a huge pile of witness statements I had got should the case proceed and told him what they were, he then began texting.

 

I filled the papers in to represent as a McKenzie friend this was accepted by the judge.

 

At the hearing we was asked to identify ourselves and the Judge asked what the salesman from the company had to do with this hearing he said he was there as a representative of the company as both the company and the director were named on the Judgement, the Judge pointed out that the application was made by the director of the company and that he must be in attendance (I did point this out to him) he asked where the director was he stated "He could not make it"

 

The Judge stated that the application could not go ahead without the director attending and that the case was struck out, the salesman from the company asked if they could appeal on the grounds one of the parties turned up and that the director had filed a letter to the courts in November stating he should not have been named on the application as you cannot hold a director responsible for a Ltd companies debts the Judge said he refused leave of appeal on the grounds "There was little or no chance of success in winning the case" and that the letter was that just a letter not a proper application.

 

I prompted the person I represented to ask for additional costs off the Judge these were granted but only half of what we asked for.

 

Outside court I approached the salesman again and his manner was a replica of the same arrogance as the director he stated "We do not have to pay you anything"

 

 

High Court Enforcement gave the defendants till 7-1-16 to pay up I understand they have not done so.

The Judge stated he could hear no more from the salesman and that he expected the company or the director to pay the Judgement into court.

 

 

Thank you to all at CAG for your support and advice over the years which as been invaluable to me

[AndyOrch]

Laura you keep referring to " case struck out "...do you mean their application to set a side struck out...a bit confused by your post ?

 

Regards

 

Andy

[Laura Cooke]

Yes set aside struck out as the claimant failed to attend and was refused leave to appeal

[AndyOrch]

Okay that makes sense now......so now you are just waiting for payment.....please post once this is received and I will mark your thread to reflect the outcome.

 

Well done on fighting their application.

 

Regards

 

Andy

[Laura Cooke]

Thanks Andy and for all your help and support will do

[Laura Cooke]

Hi Andy

 

 

contacted the High Court Sheriff today

they inform me they paid a visit to the garage yesterday

they still tried to avoid paying out stating they were going to go for a stay,

 

 

the Judge had told the employee who turned up at court that this was refused as they had little or no chance of winning the case,

 

 

I am told they eventually paid up in full

 

 

hope this inspires others to take this company on

they are deceitful,

they mislead

and give the customer the constant run around ignoring correspondence, calls and messages

 

 

all of which the court order running till November 2016 orders them not to do.

[Conniff]

Well done in keeping going on this one, as you say, let it be a lesson to others who have a similar problem.

 

I believe car salesmen have to have a degree from the School for Scoundrels before they are allowed to trade, well it seem that way.

 

On your next purchase, have a real good look around, poke, prod and twist every knob and lever there is and most importantly, take it on a long test drive.

Edited January 13, 2016 by Conniff

[honeybee13]

Well done for persisting, Laura. It paid off in the end.

 

Thank you for updating the thread.

 

HB

[Laura Cooke]

It was not me who purchased the vehicle it was a relative no way would I purchase anything without taking someone who knows about cars with me. This company certainly deserves it`s title Rogue Traders. I think it is high time Trading Standards brought the compnay and it`s director to book over the court order he keeps ignoring with a threat of 2 years in prison attached to it

[AndyOrch]

Hi Andy contacted the High Court Sheriff today they inform me they paid a visit to the garage yesterday they still tried to avoid paying out stating they were going to go for a stay, the Judge had told the employee who turned up at court that this was refused as they had little or no chance of winning the case, anyway I am told they eventually paid up in full hope this inspires others to take this company on they are deceitful, they mislead and give the customer the constant run around ignoring correspondence, calls and messages all of which the court order running till November 2016 orders them not to do.

 

Excellent......many thanks for the conclusion Laura.

 

Regards

 

Andy

[Laura Cooke]

Thank You Andy for being there throughout this stressful ordeal your support and that of others as been much appreciated

[Laura Cooke]

Seems all was not to be the company director only put in another set aside application even after the Judge said leave to appeal is refused. He stated he had no idea he needed to attend the previous hearing as he is not aware of court protocol so left an employee to deal with things.

 

He as now instructed a solicitor who as asked the court 1) The Defendants apply for relief from sanctions in respect of the strike out of the application to set aside the default judgement.

2) That execution of the judgement be stayed immediately pending the outcome of the above request.

 

The court inform me that they have refused (2) but have allowed (1) instructions to follow.

 

I cannot believe that they are allowing the director to keep wasting our time this will be twice we have come miles to a court that is just behind where his business is, he is well of court procedure as other customers have taken him to court and he never shows up apparently he sends other people.

 

The witness statement by the director has a fair few lies which are so easily proven.

[Conniff]

If you have any proof that he has already had court suites against him, then you should let the court know that he is well versed in court procedures.

[AndyOrch]

So as 1 has yet to be heard and disallowed 2.... the Warrant is still in force and therefore the execution is still live ?

 

If you could scan in and post up the relevant paperwork you have received Laura...less any identifiable data.You should be allowed to submit an objection to the application to set a side by way of a witness statement.

 

So what happened with the payment? ....

" I am told they eventually paid up in full "

[Laura Cooke]

Yes they paid up payment due in one week enforcement have to hold on to payment for 14 days. Write already been executed. Will be letting court know about the order in place will get chance to put paper work up which bits?

[AndyOrch]

Everything in connection with this latest development......Application notice ...court order.

[Laura Cooke]

The director put in a set aside stating I filed at wrong address it wasn`t the wrong address and on the set aside he admits they received judgement but not the initial claim.

 

The set aside only named the second defendant being the director and at the hearing he sent his manager and the director did not attend I went as McKenzie friend and filled in paper work to be accepted as so.

 

The court stated that the first defendant being the manager to the company had no audience with the court and the manager stated that the director could not make it, he stated a letter on file to remove the director from the case and to dismiss the judgement against him as he as said you cannot name the director of a Ltd company the judge said the letter was not a proper application .

 

The Judge ordered 1) That the application by the director be struck out to set judgement aside, 2) To pay costs for claimant attending (which are due today but don`t expect anything will be paid) 3) Permission to the defendant to appeal is refused.

 

In the fresh application he as had a solicitor do it and is stating 1) The defendants apply for relief from sanctions in respect of the strike out of the application to set aside default judgement 2) That execution of the judgement be stayed immediately pending the outcome of the above request.

 

The court tell me 1) As been allowed but 2) Has been refused

 

In the paper work for the fresh set aside director is saying he had no idea of court procedures and left his manager to fill paper work in and it was left unsigned that is a lie it is signed and the included letter is too and it is his signature.

[AndyOrch]

Would be better if you could just scan in the N244 and Court notice Laura...I see things that you miss or consider irrelevant.