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

[Laura Cooke]

How do you post a document been looking can`t find anyway of doing it

[Laura Cooke]

Notice of hearing of application 19th January 2016 Upon the courts own motion. The court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, stayed or varied within 7 days of receiving it.

 

So I suppose I have to find out how I put an application to stay proceedings?

[Ganymede]

Notice of hearing of application 19th January 2016 Upon the courts own motion. The court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, stayed or varied within 7 days of receiving it.

 

So I suppose I have to find out how I put an application to stay proceedings?

 

Why do you want to stay proceedings?

 

The Court allowed enforcement to continue with the execution of the judgment didn't it?

[AndyOrch]

How do you post a document been looking can`t find anyway of doing it

 

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc

but leave all monetary figures and dates.

.

************************* ************************* *******

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

************************* ************************* ***********

.

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or http://www.freepdfconvert.com/

or

use http://www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice DD -mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

[Laura Cooke]

Yes an application notice was put in by both defendants N244. "What order are you asking the court to make and why" 1. The defendants apply for relief from sanctions in respect of the strike out of the application to set aside the default judgement. 2. The execution of the judgement be stayed immediately pending the outcome of the above request.

 

Then a Notice of hearing application as been received stating. Upon the courts own motion. The court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, stayed or varied within 7 days of receiving it.

 

1. Stay of execution refused

 

2. The hearing of the defendant`s application as a time estimate of 45 minutes.

 

I want to stay this proceeding above I assume? yes the court allowed enforcement to continue with the execution but this application seems to want to over turn that? no idea what it means and cannot get anyone else who seems to know what it means so I assume I have to put an application in to object to this hearing as I have no idea what it means for my relative being the applicant. It maybe that it as got to point where may need a solicitor as no idea how this order affects relative or as I said what it even means as applicant has to attend

[Laura Cooke]

Sorry andy I have no idea what any of the above means I have the scans felt tipped the details out they in my files if it was facebook I just press camera and they are there which is simple but I have no idea what you do to get them up loaded here don`t know anything about computers at all no idea what pdf or any abbreviations are none of my children are visiting either to ask I have copied every detail that is on them not missed anything off I have been trying different things all afternoon looking to see if this page as a camera sign I just don`t get how you transfer them to your site our generation never learnt anything about computers I am afraid

 

I have took photos of the 3 papers now on the lap top I did scan the papers too but they are on my main computer I managed to go on this PDF convertor and it as one paper with a number 6007.JPG no idea how I get that on the page

[Laura Cooke]

 

Have I done it?

[AndyOrch]

Ideally you need a scanner and a PC but dont worry I have the gist.....

 

 

If you could look at the N244 application and tell me what they have stated and requested...what order and their reasons for requesting it and any CPR if they have referred to any?

[Laura Cooke]

N244. This is what it says "What order are you asking the court to make and why" 1. The defendants apply for relief from sanctions in respect of the strike out of the application to set aside the default judgement. 2. The execution of the judgement be stayed immediately pending the outcome of the above request.

 

They have then put a witness statement together and enclose copies of correspondence between the parties

 

(2) The court has refused but (1) is what they are going to the hearing about

 

I want to know what I need to do if I am objecting to the hearing what application do I need to fill in as I have 6 more days to get it back into court

[AndyOrch]

Without viewing the contents of their WS in support ......I personally would let it ride and attend the hearing.....I have yet to see a judgment set a side that has already been refused once and been executed and payment received ....save your application fee and ride it.

 

Chase the payment up and get it into your friends account....ASAP

[Laura Cooke]

Yes will chase the court costs up from the set aside hearing that were meant to be paid today and enforcement team pay out the money they collected very shortly.

 

I assumed this was an attempt to appeal when permission was refused it isn`t I am told it is an application to be relived from sanctions, the director was furious that he as received judgement he reminded me that you are not allowed to name a director as a defendant when they are not responsible for a Ltd companies debts.

 

Judgement set aside was refused as director failed to attend but I noticed on the set aside papers for that hearing they forgot to put the 1st defendents down they only put down the 2nd defendent being the director of the companny so am I right in saying strictly speaking the 1st defendents were not refused really as the application did not name the company it did in all the paper work they sent with the set aside application but not on the actual claim itself

[Ganymede]

Yes an application notice was put in by both defendants N244. "What order are you asking the court to make and why" 1. The defendants apply for relief from sanctions in respect of the strike out of the application to set aside the default judgement. 2. The execution of the judgement be stayed immediately pending the outcome of the above request.

 

Then a Notice of hearing application as been received stating. Upon the courts own motion. The court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, stayed or varied within 7 days of receiving it.

 

1. Stay of execution refused

 

2. The hearing of the defendant`s application as a time estimate of 45 minutes.

 

I want to stay this proceeding above I assume? yes the court allowed enforcement to continue with the execution but this application seems to want to over turn that? no idea what it means and cannot get anyone else who seems to know what it means so I assume I have to put an application in to object to this hearing as I have no idea what it means for my relative being the applicant. It maybe that it as got to point where may need a solicitor as no idea how this order affects relative or as I said what it even means as applicant has to attend

 

I still don't understand why you think proceedings should be stayed. Your relative can continue enforcement if they wish and the Defendant's latest application will not or prevent this.

 

The Defendant's application will continue to a hearing where your relative will need to object to him being granted relief from sanctions and the set aside.

 

Your relative doesn't need to make a counter application, if they wish they can file a witness statement at Court stating their objections to the application and their reasons it should not be granted.

[Laura Cooke]

Enforcement did continue I understand it will go to a hearing and I have received notification of this from the courts of which I did not know what I am supposed to do now. as it says "If you object to the order, you must make an application to have it set aside, stayed or varied within 7 days of receiving it.

 

I am not aware of court protocol and I know you have to get things right we do object to this the judge struck out the case as the 2nd defendant never showed he stated to the 1st defendant who had no audience with the court as only the 2nd defendant had been named on the application "I am not allowing an appeal as you have little or no chance of succeeding"

[AndyOrch]

"I am not allowing an appeal as you have little or no chance of succeeding"

 

Therefore do nothing ....you must attend the hearing.....application will be dismissed...you claim further costs...chase the cheque up in the meantime.

 

If the court allows further costs for the second set a side hearing you may have to request a costs order as your judgment has now been executed.

[Laura Cooke]

Thanks Andy you have been a great help I just keep getting conflicting advice I do listen to other opinions and some are saying

 

I need to set aside on the grounds that this as already been determined by the courts.

 

Another advised to stay the proceedings on the grounds the case as no merit.

 

Then I am advised to object to defendants being granted relief from sanctions and the set aside.

 

If I do nothing I am worried that it could go the defendants way and me then kick myself for not having defended/objected to the hearing as like I said I do not know how Court proceedings work, if he is heard on grounds (1) what will the Court do and how does that affect my relative

[AndyOrch]

There is nothing to stop you submitting a witness statement detailing your objections and reasons as to why...this does not require an application but should be submitted not less than 7 days pre set a side hearing.

 

Its rather pointless and money wasting to submit an application to set a side or to stay their application...the court has granted the hearing of its own initiative so you are up against the court not the claimant.Attend the hearing...rely on your witness statement and detail the previous events of failed applications...that the judgment has been executed and even payment has been received and let the court decide.

[Laura Cooke]

Thanks Andy do I have to send the defendants a copy of this witness statement? if so would that be 2 copies as one defendant is the director and one is the company would it be handy in the witness statement to enclose a copy of the order given at the set aside and also a copy of the court order the Director is under by the courts concerning is business to treat customers fairly and to sort their complaints out

[AndyOrch]

1 copy for the court and one for the defendant/s...yes you refer to everything since judgment was granted and use attachments (exhibits) as evidence relied upon.

[Laura Cooke]

This witness statement is accepted without any official paper work having to be submitted by me? only reason I ask the director of the company put a letter (stating why he wanted the defaqult against him removed as you cannot name a sole director of a Ltd company) into court at the set aside hearing and the judge said that did not constitute an application for it to be considered

[Ganymede]

also a copy of the court order the Director is under by the courts concerning is business to treat customers fairly and to sort their complaints out

 

Do these relate to other Court claims and not the one you are helping your relative with?

 

You are getting confused regarding the set aside. The Court has made an order on it's own granting the Defendant's request for another set aside hearing (but denied their request to stay enforcement proceedings) and so the Court included the paragraph at the bottom about setting aside that order allowing the hearing. It's pointless to apply to set aside the Order allowing them another hearing, just wait until the Court set a hearing date then send your witness statement with your objections as to why the Defendant should be refused relief from sanctions and a set aside. Send it to the Court and both Defendants.

[AndyOrch]

Yes you are fully entitled to make a response by way of a Witness Statement in response to the defendants application without need of any application by yourself....as long as you serve it not less than 7 days and serve copies on all parties.

[Laura Cooke]

The court order was brought by trading standards about how he is treating customers he is to abide by it or face prison that is an order nothing to do with the case.

 

Just rang the court they were so helpful they said this hearing is the defendants application I can do nothing if I like or if I do want to I could fill a N244 out on line send 2 to the court they will refer it to the judge for directions in considering setting aside the hearing she said it is free for me. She said set out your objections and if you need more space attach another sheet to it and a box would need ticking to say what you are relying on which will be an attached witness statement. She said they do not send a copy of this to the defendants.

 

She said or do nothing and send in witness statement before the hearing to the court email address and they will print it off.

[AndyOrch]

So your choice...£50 for the courts next outing...or free witness statement.

[Laura Cooke]

Confused she told me it was free to put a general form in if I had to pay would leave it and send a witness statement in as you suggested 7 days before the hearing, just thought it would have been handy to see if the judge would consider not letting the hearing go ahead based on witness statement being sent in within 7 days

[AndyOrch]

No the hearing is going ahead no matter how may applications you wish to issue....Laura when you go to a dentist would you let the receptionist pull the tooth or prefer the Dentist to do it?

 

Same with courts the receptionist can only offer basic advice and are not legally trained to offer legal advice with regards to your case.If you do not submit a witness statement in response to the application then the court can only assume you are happy with everything and have no objections..thats the procedure.The court will then consider your points before deciding on their application whether to grant the set aside.....it will not be considered as to whether to stop the hearing.

 

I have given you the benefit of my advice ...its your choice now which you wish to follow.