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In this section, Bailiwick Express circulates the most recent decisions of the Petty Debts Court. This is a subscription service, as it contains the full judgments which are not freely available already online - follow the on-screen prompts for access.
Below you will find all the Petty Debts judgments granted on Wednesday 20 July 2022.
Before P. C. Harris, Judge, on 20th July 2022.
BETWEEN
Paul's Tyres Limited
PLAINTIFF
and
The Car Clinic Limited
16 Cheapside, St. Helier, Jersey, JE2 3PG.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff :
a) the sum of £696.17 in respect of three accounts rendered comprising (i) £141.50 dated 11th March 2022, (ii) £297.78 dated 17th March 2022 and (iii) £256.89 dated 8th April 2022;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from the said dates to the date of payment;
c) the fixed costs of the action in accordance with Practice Direction PD 18/01;
d) interest on such costs from this day to the date of payment in accordance with Practice Direction PD 05/4; and
2) authorised the Plaintiff to cause the personal property of the Defendant to be arrested and sold, providing that no sale of movables on which a distraint has been made shall take place without the leave of the Court unless the Viscount is satisfied that the Defendant is aware of the making of the distraint.
CL
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
Before P. C. Harris, Judge, on 20th July 2022.
BETWEEN
Brunel Management Limited
by Assignment dated ist July 2022 from
The Jersey Homes Trust (Assignor)
and
Samantha Monet
Flat 17, St. Saviour's Court, St. Saviour's Road, St. Helier, Jersey, JE2 4LA
PLAINTIFF
and
Bernadette Francis Le Warne
No. 54 Hampshire Gardens, St. Helier, Jersey.
DEFENDANTS
THE DEFENDANTS not having appeared, the Court:
1) condemned the Defendants to pay to the Plaintiff:
a) the sum of £904.14 in respect of repairs charged in April 2022 and Bank charges in December 2021, due to the Plaintiff under the terms of a Tenancy Agreement dated 7th April 2010 for the occupation of Flat 17, St. Saviour's Court, St. Saviour's Road;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from this day to the date of payment;
c) the fixed costs of the action in accordance with Practice Direction PD 18/01;
d) interest on such costs from this day to the date of payment in accordance with Practice Direction PD 05/4; and
2) authorised the Plaintiff to cause, jointly and severally:
a) the personal property of the Defendants to be arrested and sold, providing that no sale of movables on which a distraint has been made shall take place without the leave of the Court unless the Viscount is satisfied that the Defendants are aware of the making of the distraint; and
b) the wages of the Defendants to be arrested to the extent of £80.00 per week.
BM
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
Before P. C. Harris, Judge, on 20th July 2022.
BETWEEN
Future Loans Limited
PLAINTIFF
and
Charles Derrek Franks
10 Blanche Pierre Close, La Rue de La Croix, St. Clement, Jersey, JE2 6LQ.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £3,225.99 in respect of the balance due under Personal Loan Agreement number FF1000322 dated 12th November 2010, less the sum £20.00;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from this day to the date of payment;
c) the fixed costs of the action in accordance with Practice Direction PD 18/01;
d) interest on such costs from this day to the date of payment in accordance with Practice Direction PD 05/4; and
2) authorised the Plaintiff to cause:
a) the personal property of the Defendant to be arrested and sold, providing that no sale of movables on which a distraint has been made shall take place without the leave of the Court unless the Viscount is satisfied that the Defendant is aware of the making of the distraint; and
b) the wages of the Defendant to be arrested to the extent of £80.00 per week.
PA
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
Before P. C. Harris, Judge, on 20th July 2022.
BETWEEN
Future Loans Limited
PLAINTIFF
and
Maria Gongalves Da Silva and Martinho De Jesus Gongalves
24 Vauxhall Gardens, Vauxhall Street, St. Helier, Jersey, JE2 4TY.
DEFENDANTS
THE DEFENDANTS not having appeared, the Court:
1) condemned the Defendants to pay to the Plaintiff :
a) the sum of £1,134.71 in respect of the balance due under Personal Loan Agreement number FF1002208 dated gth September 2015;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from this day to the date of payment;
c) the fixed costs of the action in accordance with Practice Direction PD 18/01;
d) interest on such costs from this day to the date of payment in accordance with
Practice Direction PD 05/4; and
2) authorised the Plaintiff to cause:
a) the personal property of the Defendant to be arrested and sold, providing that no sale of movables on which a distraint has been made shall take place without the leave of the Court unless the Viscount is satisfied that the Defendant is aware of the making of the distraint; and
b) the wages of the Defendant to be arrested to the extent of £80.00 per week.
PA
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
Before P. C. Harris, Judge, on 20th July 2022.
BETWEEN
Joshua Roberts
PLAINTIFF
and
Adrian K Seymour
Endsleigh, Le Mont Sohier, St. Brelade, Jersey, JE3 SEA.
DEFENDANT
THE DEFENDANT not having appeared, the Court :
1) condemned the Defendant to pay to the Plaintiff :
a) the sum of £3,150.00 in respect of the purchase of a Honda CR-Von 8th May 2022 which the Plaintiff says was not serviced and parts replaced as advertised;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from this day to the date of payment;
c) the fixed costs of the action in accordance with Practice Direction PD 18/01;
d) interest on such costs from this day to the date of payment in accordance with Practice Direction PD 05/4; and
2) authorised the Plaintiff to cause:
a) the personal property of the Defendant to be arrested and sold, providing that no sale of movables on which a distraint has been made shall take place without the leave of the Court unless the Viscount is satisfied that the Defendant is aware of the making of the distraint; and
b) the wages of the Defendant to be arrested to the extent of £80.00 per week.
PA
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
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