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

[AndyOrch]

They have 33 days in total from and including the date on the claim form to submit a defence....ring CCBC and they will advise...you may need to submit form N225

[Laura Cooke]

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

[AndyOrch]

Its actually 33 days plus 28 +5 for your response.....but as they have failed to submit a defence you should in effect be asking for default judgment

[AndyOrch]

If the defendant fails to serve the acknowledgement of service or a defence and the time for doing so already expired, the claimant may obtain judgment in default. There are certain circumstances in which the claimant cannot obtain judgment in default, these include; claim for delivery of goods, or if the practice direction provides so or if the alternative procedure for claims is followed.

 

According to Civil Procedure Rules, the claimant cannot obtain judgment in default if the defendant has applied for the claimant’s statement of case to be struck out or if he applied for a summary judgment. Summary judgment will be considered below. The claimant may obtain the judgment in default by filing a request ‘in a relevant practice form’ if the claim is for a specified sum of money or an amount to be decided by the court. The claimant must make an application in accordance with Part 23 Civil Procedure Rules if the defendant wishes to obtain default judgment on a claim for other remedy.

[Laura Cooke]

I rang the court they said to do it tomorrow they have allowed for the weekend

[AndyOrch]

[Laura Cooke]

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?

[AndyOrch]

Payment forthwith and the name that that you put down as the defendant/s

[Laura Cooke]

Shall I put tomorrows date want paying Andy?

[AndyOrch]

You would normally allow 28 days from judgment...does it now state forthwith?

[Laura Cooke]

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.

[AndyOrch]

In full by (It has a calendar and you can pick a date)...14 days

[Laura Cooke]

17th November?

[AndyOrch]

Yep sounds right:wink:

[Laura Cooke]

Thanks Andy your help as been very much appreciated

[Laura Cooke]

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?

[Conniff]

When the time has expired, the next step is the bailiffs.

 

There could well be nothing to collect on though. Some of the shadier dealers will register their sales cars in friends and relatives names and tell the bailiff that nothing belongs to them and that they are selling them on behalf of someone.

[Laura Cooke]

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?

[AndyOrch]

http://www.consumeractiongroup.co.uk/forum/showthread.php?437299-Excellent-interactive-guide-to-the-small-claims-process-from-Warrington-Trading-Standards&p=4654892#post4654892

[Laura Cooke]

No HCEO in the area of the business Birmingham & Manchester seem nearest

[Laura Cooke]

Don't worry about the LBA. Just claim for the loss you have suffered. Yes you include the price of the vehicle, storage costs and postage/calls.

 

I would claim the whole £2995 and ignore the part exchange. I see the part exchange as a separate transaction.

 

 

That is the interest rate applicable until the date you receive payment.

 

 

No, 8% of £4519 is £361.52. That is the annual interest. Daily interest is 99p.

 

 

Yes, interest runs from the date of rejection of the car.

 

Should I Have added the £361.52 to the claim for the interest if so I didn`t I just put £4519

[AndyOrch]

No the courts adds it...if your claim is successful...assuming you put sec 69 in your claim?

[Laura Cooke]

Yes I did was just puzzled as the Judgment just states amount due £4519

[AndyOrch]

You need to check it with MCOL Northampton ...if you opted for it when you submitted and its stated within your particulars...then it should be included in the judgment amount.

[Laura Cooke]

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