WWW.MOUNTBATTENCARSALES.CO.UK/Close Brothers - Faulty car

[Giraffegirl13]

Ok thanks - I've sent an email 

[dx100uk]

to whom?

 

[Giraffegirl13]

The HCEO website - it makes you search your local office so I sent an email there.

[dx100uk]

i am not recommending these.

but i've and cag have had many successful uses.

 

The Sheriffs Office

WWW.THESHERIFFSOFFICE.COM

 

[AndyOrch]

Once you have a default judgment vis a MCOL you have to transfer it out from MCOL to your local county court for enforcement purposes...County Court Bailiffs, for HCEO Bailiffs they will arrange this for you. 

 

.

[dx100uk]

1 minute ago, Andyorch said:

.County Court Bailiffs for HCEO Bailiffs they will arrange this for you. 

slight typo should read OR not for

[AndyOrch]

No it shouldn't read it again......slowly 

[Giraffegirl13]

5 hours ago, Andyorch said:

Once you have a default judgment vis a MCOL you have to transfer it out from MCOL to your local county court for enforcement purposes...County Court Bailiffs, for HCEO Bailiffs they will arrange this for you. 

 

.

I must be being very dense - how do I transfer it?

MCOL offer a warrant sent, do I do this?

 

[dx100uk]

Instruct us to enforce a judgment or order for money – The Sheriffs Office

WWW.THESHERIFFSOFFICE.COM

 

all you need is a copy of the judgement for claimant

 

dx

 

 

[Giraffegirl13]

Tried that but they need the CC address and the online one isn't there?

Or do I choose the closest one?

[dx100uk]

AFAIK

you request a forthwith judgement

Apply for execution of judgement 

apply for a warrant.

 

 

[Giraffegirl13]

This is all from MCOL:

 

 

"Claim History

Your claim was issued on 19/12/2022

You submitted a judgment against Close Brothers on 10/01/2023 at 14:22:16

Your judgment against Close Brothers was issued on 11/01/2023 at 19:09:04"

 

 

Warrant - Guidance

Step 1 of 8

 

Each step is completed by clicking 'Next' at the bottom of the page, which automatically confirms and saves the information you have entered. Any error messages displayed at the top of a page must be corrected before moving on to the next step.

Before you can complete your warrant request:

you must have a valid judgment against the defendant(s), either in default or by admission

and

the defendant(s) must be in default of the judgment order, ie failed to pay the amount ordered or be in arrears with an instalment order

The minimum amount you can issue a warrant for is £50, or one monthly instalment, whichever is the greater amount.

The maximum amount you can issue a warrant for is £5000 (including costs), unless you are enforcing an agreement made under the Consumer Credit Act 1974 in which case you may issue a warrant for up to the claim amount.

If the Judgment is for over £5000 and payable forthwith or in full by a certain date, you cannot request a warrant unless it relates to the Consumer Credit Act 1974, in which case you may issue a warrant for up to the claim amount.

If the judgment is payable by instalments of less than £5000 you can issue a warrant provided the defendant has defaulted on the instalments. The amount of the warrant must be at least one instalment but can be anything up to £5000.00 unless it relates to the Consumer Credit Act 1974, in which case you may issue a warrant for up to the claim amount.

The fee to issue a warrant is £83. The warrant will be sent for execution to the court covering the address you gave for the defendant.

[dx100uk]

On 16/12/2022 at 12:26, Andyorch said:

PRACTICE DIRECTION 51R – ONLINE CIVIL MONEY CLAIMS PILOT

WWW.JUSTICE.GOV.UK

 

 

section 11 from above.

 

SECTION 11 – CONSEQUENCES OF THE DEFENDANT FAILING TO RESPOND ON TIME

Consequences of the defendant failing to respond to the court on time: judgment in default of responding

11.1(1) If the defendant does not, on time, contact the court, submit a time extension form (if appropriate) and submit to the court a completed response form or a paper response form, the claimant may request that the court make a judgment in default unless subparagraph (2A) applies.

11.1(2) The claimant may request a judgment in default by completing and submitting form OCON205A (“judgment in default form”) online using the OCMC website. When requesting judgment, the claimant may also specify their repayment plan (as defined).

(2A) If there is a moratorium in place under the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020, so that a claimant needs the court’s permission to apply for a default judgment, the claimant must make an application to the court in accordance with Civil Procedure Rules Part 23. If the court receives such an application, it must send the claim out of Online Civil Money Claims.

(3) If the court receives a request for judgment in default, it must “enter judgment” (as defined), unless paragraph 11.1A applies (When default judgment cannot be made).

(4) If the claimant has specified a repayment plan in the request for judgment, the judgment must state that repayment is to be made in accordance with that repayment plan, unless, at the time the judgment is made, a repayment date specified in the repayment plan has passed.

(5) If a repayment date specified in the repayment plan has passed before the judgment is made, the judgment must still be made in accordance with that repayment plan, but –

(a) if the repayment plan states that the whole of the amount owed is to be paid by a date that has passed, the judgment must state that repayment must be made immediately;

(b) if the repayment plan states that the amount owed is to be paid by instalments and the date of the first instalment has passed, the judgment must state that the first instalment must be made by a date that is one calendar month after the date of the judgment.

(6) If the claimant has not specified a repayment plan in the request for judgment, the judgment must state that the whole amount owed must be repaid in immediately.

(7) The judgment will be made for the amount of –

(a) the claim;

(b) any interest that the claimant is entitled to and has claimed on the claim form; and

(c) court fees,

minus any payments of the amount owed on the claim form that the defendant has already paid.

(If a claimant wants to claim any costs other than court fees, for example the costs of paying for expert evidence, the claimant would have to make an application under Civil Procedure Rules Part 23. Under Section 17 of this Practice Direction, the claimant would have to contact the court about this, and any Part 23 application would then be considered by a judge. The claim may be sent out of OCMC under to paragraph 17.1(2)).

 

[dx100uk]

what have you done regarding section 11 which part are you at ?

 

[Giraffegirl13]

Ok I think I'm understanding a bit better - I'm sorting the sheriffs office instruction later.

Then after I get the money (or now?) I need to start fighting and organising to get the rest of the finance cancelled?

[AndyOrch]

18 hours ago, Giraffegirl13 said:

I must be being very dense - how do I transfer it?

MCOL offer a warrant sent, do I do this?

 

 

If you are using HCEO you dont have to transfer it out.....the HCEO do it for you.

You only have to transfer it out if you are using County Court Bailiffs ...which I surmise your not.

[Giraffegirl13]

Yes thanks I think I understand now, I emailed them and they explained it also, so I'll be instructing them later

[AndyOrch]

[Giraffegirl13]

HOORAY!

I got my money from Close Brothers (just over £6000).

Now what do I do with the monthly finance payments on a dead car...? 
Can I cancel these now, seem as I won the case!?

[dx100uk]

no you mentioned nothing about the agreement in your particulars of claim.

 

you indicated earlier you still have their property?

 

 

[Giraffegirl13]

Surely the case agreeing that the vehicle is unsatisfactory means the contract is void?

What do I do now then!?

They have made no attempt to contact me or claim the car back!

[dx100uk]

where have they agreed the car is unsatisfactory?
they simply suffered a default judgement.

 

you did not mention the agreement in your POC did you?

 

we need to see what you filed in the poc thus what you 'won' by default.

 

who has their car?

 

dx

[Giraffegirl13]

It's sat on my drive!

I did have it in and then @BankFodderedited it differently!?

I'm so done with this finance company >.< 

In the POC I did state it is of unsatisfactory quality.

[dx100uk]

please so we make no mistake

post up the text of the POC you actually filed.

 

probably best to...

contact close and tell them to come get the car and cancel the remaining agreement.

[Giraffegirl13]

I will post tomorrow.

 

They have so far ignored all correspondence from  me since November

I'll see if I can finally get them to respond!