Astral Motor Company Ltd - Mark Warren Forshaw - Default Judgment now set a side application.

[BankFodder]

Set aside hearing listed for June

Also, I've just noticed this

 

 

 

https://find-and-update.company-information.service.gov.uk/company/08571943/officers

[Webbo87]

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.

[Webbo87]

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

[BankFodder]

Yes, I'm afraid I think that this is all a lot of trouble.

On one hand they seem to be accepting your rejection and yet they are refusing to return your money and they have put in an application to set aside the judgement.

It certainly must be the case that the rejection is not complete until they have the car – which they do – and they have refunded the money, which they haven't done.

They are playing games with you and I'm quite sure that it is correct that they are planning to go out of business and I'm not too sure where you are going to be left in all this.

I'm very worried that they will go out of business, claim that the car is their's and simply say that the money they owe you was a debt, which on bankruptcy will be out of reach.

I'm giving a shout to my site team colleague @Andyorch because I absolutely agree some kind of emergency application needs to be put in place. They should certainly be required to pay money into court as a condition of going ahead with the set-aside application and the money the court should be paid pretty well immediately.

I think you should accumulate as much evidence as possible of the fact that they are no longer trading and they appear to be going out of business. If there are photographs anything available of their premises then please get them.

[BankFodder]

In the meantime, I suggest that you download a form N244 which is an application notice. I'm afraid I think it will cost you about £200 or so nowadays to make the application and I think that you should be applying for an emergency ex-parte order to vary the set-aside order dated XXX – on the following terms:

That the defendant is required to inform the court as to the whereabouts of the vehicle registration number XXX and to pay £XXX – being the sales price of the car registration number XXX within seven days, or in lieu of the payment, to release the car that they are withholding into the possession of the claimant within seven days and failing which the defendants application for a set-aside order is struck out, the hearing date of June XXX date is vacated and the judgement given on XXX date is restored.
The application should be made ex parte – which means without giving notice to the other side – and should be considered ex parte so that the other side has no notice.

If they then failed to obey the order within the given time period, then you could apply immediately for enforcement by High Court enforcement officers – and hope that that would work.
 

 

You would have to complete this application form and you would have to take it to the court in person and you would have to ask the court how to get an emergency hearing of this application with an estimated time of 15 minutes.
It have to do an accompanying document to justify the application. That means that you have to try and gather as much information as possible about this firm of dealers and to show how precarious the situation is.
My site team colleague @Andyorch hopefully will come along and comment on this suggestion

[BankFodder]

Here's the basis of an application which you could make.

If you want to do this then you will have to go to the court in person Monday morning. You will have to be very emphatic that this is an emergency ex-parte application and that you are prepared to wait until the judge is available to see you for 15 minutes.

It may take some time and it may take a lot of patience.

If you can get the hearing then I expect that your chances of succeeding with this order are extremely high.

If you get the order then you should deliver it to the defendant's business address, send a copy by special next-day delivery and also to their lawyers by special next-day delivery.

 

n244-eng.pdf

[AndyOrch]

On 18/01/2021 at 10:11, Webbo87 said:

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.

 

Ideally this should have been challenged in January with Dartford CC....was there any options listed to vary etc on the Notice of Hearing ? 

You can make an application ex parte to expedite using N244..it does not require a hearing therefore the fee will only be £100.

[Webbo87]

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

[AndyOrch]

No second page ?

 

The fee is payable on application....it would be advisable to draft an Order and statement in support of your application with view as to why the hearing date should be expeditiated and inform the court of the Companies current manoeuvre's in avoiding having to pay this judgment.

 

This application is a completely separate issue to the set a side application response statement and evidence.

 

Its important to conclude your draft order requesting costs in the necessity of this application.

 

 

.

[BankFodder]

I suggest that you post a statement here so that we can have a look.

Keep it succinct and well spaced in paragraphs. One paragraph for each point you make.

Also, I suggest that in addition to providing the printout from the company's website about astral motors, you also print out the company details of his other business.

Also, you can see that I suggest that you refer to the other outstanding judgement. As a copy of it somewhere on this thread – print that out as well.

 

Looking back at the thread, I see that apparently Mark Forshaw omitted many of the facts from his version of the story. I think you should point this out to the court as well and say that it would seem that the court has been misled – at least by the omission of relevant facts.

I'm sorry to say that this is a matter of some urgency

[Webbo87]

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

[dx100uk]

1. I believe Astral Motors has begun the process to cease trading, therefore avoiding the court case claim number G6QZ9F99. I believe this for the following reasons

 

have commenced

[BankFodder]

After your name I should put in brackets – (litigant in person) because as a litigant in person you will have a certain licence maybe not to have complied with various formalities completely correctly. So emphasise that you are litigant in person.

On the reasons for believing that they have ceased trading, I think you should change the order.

Start with company accounts
company contact telephone numbers et cetera
company website et cetera
cars no longer advertised et cetera.

I think it's important to put this in the order of priorities.

I thought you told us also that the premises was locked and is not trading – if so then that should certainly go in the list and it should go as probably number two in the order of priorities.

 

 

I'm also going to say to you that we should have foreseen this and advise you earlier – and I apologise for this. Now that it is all happening, it's obvious and am afraid that you are having to do a rescue job.

I'm sorry

[Webbo87]

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

[BankFodder]

Have you still got a key to the car?

[Webbo87]

Yes we have the key and the V5C log book for the vehicle.

[BankFodder]

I think I would start thinking very seriously about how to get into the compound to get the car out

[Webbo87]

What powers would the police have in helping get the car back? 

[BankFodder]

The police would not take any action. In fact they would disapprove with you taking your own action but so for me if it was my car I would be considering various options if I was unable to get to a court.

 

if you find that the court is not open and so you're not able to get an emergency hearing then  maybe we can have a discussion about other options

[Webbo87]

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.

[BankFodder]

Please monitor this thread for a full reply tomorrow.

 

Also I don't think you have told us about this email which you have received offering to return the car if you drop the case.

This sounds like a piece of blackmail to me.

i should make sure that you refer to it in your court papers when you make your application.

 

I'm quite sure that if the judge sees it then they will be furious about it.

 

if you don't manage to see a judge tomorrow then come back here and we'll discuss what to do next.

Frankly I think that even if you drop the case I don't think you would be prevented from starting it again.  I don't think that you you would be bound by this arrangement.

However let's discuss it tomorrow after you have tried to get to a court.

 

 

 

 

 

 

 

 

 

 

[BankFodder]

Please could you post the email up here on this thread

[Webbo87]

 

Quote

 

Good morning,

 

In regards to the vehicle, it can be collected if the case is being dropped, however if the case is being maintained then the vehicle will have to stay with us until it is resolved.

 

Many thanks

[email protected]

 

 

 

 

Quote

 

On 12 Mar 2021, at 10:45, Chris Webster <[email protected]> wrote:
 



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.

[BankFodder]

Well their email is rather less menacing than I had expected.

Still very nasty, though. Clearly intended to put pressure and nothing to do with the dispute.

Did you include a claim for interest with your particulars?

[Webbo87]

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.