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

[Webbo87]

Another update, the date has passed for the defendant to reply, there has been no admission or reply of any sorts from Astral Motors. I will now take the next step and request judgement, however when selecting  The defendant has not filed an admission or defence to my claim

 

I get the following error:

 

The following errors have occurred:

You can only request Judgment by default if the required number of days have passed.

 

My letter states the defendant has until 25th October 2020 to reply. Any ideas or do I need to let today pass before judgement?

Edited October 26, 2020 by Webbo87

[BankFodder]

I'm not too sure what to suggest other than to keep on trying during the day and try again tomorrow. I suppose that it is just possible that they have now filed an acknowledgement and that in some way it has overlapped with the end of the 14 day period – which apparently ended on Sunday.

If you are not able to enter judgement by tomorrow, then I think you should phone the court.
Keep on trying throughout the day.

[Webbo87]

It was because the last day fell on a weekend so they had until the end of yesterday to reply. No reply and I have Requested Judgement this morning, I have requested full payment by the 3rd November. I think a week to for the to resolve is reasonable. I don't hold much hope of them even responding to that so feel it will need to be taken further.

 

What is my next step if I don't receive the full refund by 3rd November?

[Webbo87]

Also I have always been under the impression once I have a refund we will return the car to the dealer, is this the case or will I still own the car after they have refunded the money?

[BankFodder]

Yes, you don't get a free motorcar.

At the end of the day, you have to find yourself in the position that you would have been had the contract gone ahead. That means that you made a contract for a vehicle of a certain value and if goes well, you walk away with that expected value in your pocket.

[BankFodder]

Once it is confirmed that you have the judgement, then you should get it enforced by the High Court enforcement officers. This means that you will have to go to a HCEO website, and begin the process. It will cost you £66 to have the County Court judgement converted into I High Court judgement and then an order to HCEO to enforce the judgement.

You will need to double check that if they are unable to enforce it, that you won't be responsible for the fees. It is standard nowadays for the defendant to be responsible for enforcement fees and if the enforcement fails, then HCEO have to absorb the costs themselves. However you should just check that this is the case when you begin the transfer up process. (Transfer up is where the judgement is sent up to the High Court for enforcement).

Enforcement this way is available for any judgement more than £600. High Court enforcement is very vigourous and is the best way forward.

However, it is at the enforcement point where you will start to learn whether the defendant exists/has assets/is at the address which you used for the claim/all sorts of other ways that they escape.

 

[dx100uk]

as long as returning the car doesn't cost you ...yes.

however you are not compelled to do so out of your own pocket.

you simply write, if you need too, stating the car is ready for collection at anytime but please advise me first.

 

but of course, be a wee bit smart here, until/unless the judgement is actually satisfied, it goes nowhere!

dx

 

[Webbo87]

How do I know when its confirmed that I have the judgement? Attached is the latest document available on the MCOL website. Does this mean I have judgement and can take it to HCEO?

Doc_20201027_125029 (2).pdf

[BankFodder]

Now that is just the application form. It could take a week or a bit more. You need to keep checking back to the site and it will tell you. At some point something will come through your door – but you should be able to check and download something before then and if I were you I would then get into the hands of the High Court as quickly as possible.

In the meantime, start looking around for suitable High Court enforcement websites. You could try – The Sheriffs Office – but there are others, I'm not making any recommendations – I don't really know anything about any of them or the quality of what they do

[dx100uk]

S.O are a good lot

used them several; times and in threads here

 

dx

 

[Webbo87]

On the MCOL website I am now able to Request Warrant, there is an option for Amount of warrant? Where do I calculate that fee, is it the fee the HCEO charge? Thanks

Edited November 5, 2020 by Webbo87

[BankFodder]

I think that is probably for a county court warrant – which is definitely not what you want. County court bailiffs are like pussycats. I think you now need to go to the website of High Court Enforcement Officers and begin the process there. I think now that you have the judgement from the County Courts, your business with the County Courts is done.

[AndyOrch]

https://www.clapham-collinge.co.uk/news/high-court-enforcement-hushed-up-on-money-claim-online

[BankFodder]

Incidentally, the link which my site team colleague has provided above, is simply to give you the story and an explanation of what happens. It is not intended to suggest that you go to that firm of solicitors to help with enforcement.

Go directly to a website of High Court Enforcement Officers. There are several around and you can begin the procedure yourself.

 

https://en.wikipedia.org/wiki/High_Court_enforcement_officer

[Webbo87]

• You submitted a claim on 05/10/2020 at 10:21:09

• Your claim was issued on 06/10/2020

• You submitted a judgment against Astral Motor Company Ltd on 27/10/2020 at 09:10:09

• Your judgment against Astral Motor Company Ltd was issued on 28/10/2020 at 19:21:30

• The bar in place for Astral Motor Company Ltd was removed on 06/11/2020

• An application to set aside (remove) judgment against Astral Motor Company Ltd was submitted to the court on 06/11/2020

• A bar was put in place for Astral Motor Company Ltd on 06/11/2020

• Your claim was transferred to DARTFORD on 06/11/2020

 

I have had those updates above appear on my case, does this mean Astral Motors have filed a defence so it will now go to local court?

 

Thanks.

[dx100uk]

have you your own thread?

it means they have applied to set aside the default judgement and you have a hearing up and coming at dartford when they notify you of the date

[AndyOrch]

Quote

does this mean Astral Motors have filed a defence so it will now go to local court?

 

No they have submitted an application to set a side your judgment...have you received a copy of their application and statement in support ?

 

Andy

[BankFodder]

Okay, you need to get a copy of the set-aside application in order to discover what their grounds are.

I just looked again at the particulars of claim that you filed – and I see that it doesn't mention the date of the purchase and the date that you reject the vehicle. My apologies, I should have picked this up and told you to amend it. However it's not fatal.

The grounds for succeeding in a set-aside are that:
they didn't receive the papers
that if they were given leave to defend the case then they would have an excellent chance of success at trial.

We don't know about the first – but in the case of the second, there is no defence. Your rights under the consumer rights act to reject the vehicle within the first 30 days in the case of a defect – particularly a defect which is substantial enough to mean that the car has to be returned for repairs and therefore is not of satisfactory quality, – those rights are guaranteed under the act.

If the defect existed, if you asserted your right within 30 days – then they have no defence.

Furthermore, there is an outstanding judgement against them which has not been satisfied.

You should say to the court that if the court is minded despite the fact that they have no defence against your claim, to grant in the set-aside and to allow them time to defend then in view of the unsatisfied judgement against them that they should be required to pay the money you are claiming into court as a condition of continuing with a defence against the claim.

You should suggest to the court respectfully that they require that the money be paid into court within seven days and that failing that, there set-aside application struck out and the judgement is entered against them. In the event that they do pay the money into court then they are given 14 days to file a defence – and the costs of the set-aside application are to be paid by them in any event.

Have a read through this. Have a look around and see what it means to have a set-aside – and then come back here with any questions that you don't understand.

Please try to make your next post in the correct thread.

[BankFodder]

In order to prepare for this,

• you will need to print out a copy of the unsatisfied judgement against them – which I have posted earlier on in the thread,
• a copy of the relevant part of the consumer rights act which gives you the right to reject the vehicle if there is a defect within 30 days.
• Any evidence of the defect
• a copy of the notice that you sent them asserting a right to reject.

These will have to be provided to the court.

As soon as you get a copy of the set-aside application then let us know. Post it up here. We will help you draft a reply to it which you should supply to the court along with the documents that I have listed above

[AndyOrch]

Post as soon has you know the hearing date at Dartford as you must submit a statement in response not less than 7 days pre hearing date.

[BankFodder]

Yes, please present your documents properly.

 

Thank you

[Webbo87]

Apologies, PDF attached. I have tried to block out my personal details but have left in Astral Motors as a quick Google of the company name would reveal that information anyway.

 

Sorry about the quality of the scanned documents that form part of the Application Notice, unfortunately this is how they were received. The first document is a copy of the original invoice. The second is a report provided by the garage that Astral Motors had taken the car too, stating there was no issue found. The third is a copy of the claim form, with issue date of 6th October.

 

Mark Forshaw the defendant, has failed to mention the previous returns of the car, other attempted repairs on the car and other faults reported with the car. All which have been mentioned in my timeline in previous post.

 

I believe from this letter I now wait for a time and date of the court hearing but would like to gather all my evidence together in preparation. Do I need to send anything in response to what I have received?

 

Thank you. 

NOTICE OF TRANSFER PROCEEDINGS.pdf

[BankFodder]

Thank you. That is much better and much more useful. It makes life easier for everyone.

You are basically saying that Mark Forshaw has omitted to admit all the various attempts at repairs and the returns of the vehicle.

Have you got any evidence of this that the car displayed defects and that it was returned and that some mechanics agreed that it needed repairs?

 

Written messages from them or recorded calls?

[Webbo87]

We have pictures of warning lights that appeared on the dashboard, when these appeared we rang Astral Motors, I can go back in my call history on my online mobile phone account to prove that conversations were had, but not actual recordings.

 

Unfortunately I hadn't recorded any conversations or had anything in writing from Astral Motors, it was all dealt with in conversation with Steven who is the salesman/manager.

 

I now know that this is a common fault with this year car from Mazda, reading various car forums the turbo is a common issue, all the faults we have had with the car are the same errors leading to this major fault. Could any information taken from the internet be used as part of my defence? 

 

In attempts to fix the car, air flow pipes and turbos had been replaced, as per my timeline, hence the length of time Astral Motors had the vehicle trying to repair it. In hindsight I know I should have asked for receipts for this work being done at the time, however we were acting in good faith that the issue would have been resolved.

 

We also have the hire car booking confirmation, and ferry crossing booking information from when we were hoping to use the new car for a family holiday. I have booking confirmations of changed vehicle registrations to prove that we were without the Mazda during our family holiday. Again can this be used in my defence?

 

Thanks.

 

 

[BankFodder]

It can all be used in evidence point by point if it counters the suggestion from Mark Forshaw that there were no exchanges and no contacts before the vehicle was eventually returned on 11 September – or whenever it was.

In other words, any evidence that you can produce to show that there was a catalogue of errors and a catalogue of exchanges and a catalogue of returns of the vehicle – is all going to be useful.

You are going to have to produce it in a proper tabulated and chronological way.

I suggest that you get started and show us what you have here as quickly as possible. We will need to produce a reply to the set-aside application.