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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 30th November 2022.
Before
D. L. Shaw, Judge, on 30th November 2022.
BETWEEN
Cashback Limited
by Assignment dated 8th November 2022
from Cherry Godfrey Finance Limited (Assignor).
PLAINTIFF
and
David Forrester
Flat 2, 10 James Street, St. Helier, Jersey, JE2 3QZ.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £792.00 in respect of the balance of personal loan agreement number 817671 dated 29th July 2022;
b) contractual interest thereon on any outstanding balance in accordance with Practice Direction PD 05/4 at 8% per annum from the said date 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.
CL
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
D. L. Shaw, Judge, on 30th November 2022.
BETWEEN
J.J. Fox Trading Limited
PLAINTIFF
and
AVJ Holdings Limited trading as The Seymour Inn
La Rue du Puits Mahaut, Grouville, Jersey, JE3 9BU.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £281.53 in respect of an account rendered dated 14th March 2022;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from the said date 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
____________________________________________________________________________________________________________________________________________________
D. L. Shaw, Judge, on 30th November 2022.
BETWEEN
NEVH Limited
trading as New Era Veterinary Hospital
PLAINTIFF
and
Anya Evelyn Myles
7 Les Petites Anquetils, Le squez Road, St. Clement, Jersey, JE2 6AB.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £411.95 in respect of an account rendered dated 3rd October 2022;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from the said date 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.
CL
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
D. L. Shaw, Judge, on 30th November 2022.
BETWEEN
NEVH Limited
trading as New Era Veterinary Hospital
PLAINTIFF
and
Hayley Rix
66 Le Clos du Fort, Pier Road, St. Helier, Jersey, JE2 4ZF.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £2,765.92 in respect of an account rendered dated 6th September 2022;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from the said date 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.
CL
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
D. L. Shaw, Judge, on 30th November 2022.
BETWEEN
Banleman Properties Limited
PLAINTIFF
and
Marco Aurello Andrade Da Silva
Flat 2, 53-55 Bath Street, St. Helier, Jersey, JE2 4SU
& Mafalda Da Silva Dias
15 Pillar gardens, Les Grands Vaux, St. Saviour, Jersey, JE2 7NX.
DEFENDANTS
THE DEFENDANTS not having appeared, the Court:
1) condemned the Defendants to pay to the Plaintiff:
a) the sum of £1,128.26 in respect of rent for October 2022 for the property Flat 2, 53-55 Bath Street, St. Helier;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from 1st October 2022 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.
SF
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
D. L. Shaw, Judge, on 30th November 2022.
BETWEEN
M J Touzel (Insurance Brokers) Limited
trading as Islands Insurance
PLAINTIFF
and
Benjamin Thomas Moody
L'Ecurie, St. Clement's Road, St. Saviour, Jersey, JE2 7PX.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £1,250.00 in respect of damage caused by the Defendant's motor vehicle to a third party vehicle on 15th November 2021;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from the said date 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.
SF
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
D. L. Shaw, Judge, on 30th November 2022.
BETWEEN
M J Touzel (Insurance Brokers) Limited
trading as Islands Insurance
PLAINTIFF
and
Joseph Anthony Boss
1 Clos St. Andre, St. Andrew's Road, St. Helier, Jersey, JE2 3JH
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £1,863.05 in respect of damage caused by the Defendant's motor vehicle to a third party vehicle on 30th June 2021;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from the said date 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.
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
D. L. Shaw, Judge, on 30th November 2022.
BETWEEN
Parish of St. Saviour
PLAINTIFF
and
Anthony Raymond Brown
No. 7 Belmont Villa Apartments, 27 Simon Place, St. Helier, Jersey, JE2 4SB
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £308.86 comprising: (i) £280.78 in respect of Parish rates and (ii) £28.08 in respect of a surcharge;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from 25th October 2022 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.
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
D. L. Shaw, Judge, on 30th November 2022.
BETWEEN
Parish of St. Saviour
PLAINTIFF
and
Bagot Inn Limited
Bagot Road, Georgetown, St. Saviour, Jersey, JE2 7PH.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £1,545.57 comprising: (i) £1,405.06 in respect of Parish rates and (ii) £140.51 in respect of a surcharge;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from 25th October 2022 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.
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
D. L. Shaw, Judge, on 30th November 2022.
BETWEEN
Parish of St. Saviour
PLAINTIFF
and
Krzysztok Skarbek
Balmpied, No. 1 L'Hermitage Farm Apartments, Les Varines, St. Saviour, Jersey, JE2 7SB
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £206.65 comprising: (i) £187.86 in respect of Parish rates and (ii) £18.79 in respect of a surcharge;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from 25th October 2022 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.
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
D. L. Shaw, Judge, on 30th November 2022.
BETWEEN
Parish of St. Saviour
PLAINTIFF
and
Michelle Harris
No. 3 Belvedere, Princes Tower Road, St. Saviour, Jersey, JE2 7BE.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £344.41 comprising: (i) £313.10 in respect of Parish rates and (ii) £31.31 in respect of a surcharge, less the sum of £50.00;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from 25th October 2022 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.
SF
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
D. L. Shaw, Judge, on 30th November 2022.
BETWEEN
Parish of St. Saviour
PLAINTIFF
and
Remodel Limited
Shop 2, Cleveland Court, St. Clement's Road, St. Saviour, Jersey, JE2 7PX
& Richmond House, 8 David Place, St. Helier, Jersey, JE3 4TD.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1} condemned the Defendant to pay to the Plaintiff:
a) the sum of £462.23 comprising: (i) £420.21 in respect of Parish rates and (ii} £42.02 in respect of a surcharge;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from 25th October 2022 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
____________________________________________________________________________________________________________________________________________________
D. L. Shaw, Judge, on 30th November 2022.
BETWEEN
Parish of St. Saviour
PLAINTIFF
and
Stephen Tyler
19 Wellington Park Estate, Wellington Road, St. Saviour, Jersey, JE2 7LW.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £229.98 comprising: (i) £209.07 in respect of Parish rates and (ii) £20.91 in respect of a surcharge;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from 25th October 2022 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.
CL
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
D. L. Shaw, Judge, on 30th November 2022.
BETWEEN
Jersey Electricity Plc
PLAINTIFF
and
Duangkamol Johnston
Flat 2, 1 Plaisance Terrace, La Route du Fort, St. Saviour, Jersey, JE2 7PA.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £327.17 in respect of electricity arrears for the property Flat 2, 1 Plaisance Terrace, La Route du Fort, St. Saviour;
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.
JEC
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
D. L. Shaw, Judge, on 30th November 2022.
BETWEEN
Jersey Electricity Plc
PLAINTIFF
and
Florin Sandu
Room 2, Corinthian Staff House, 18 Mulcaster Street, St. Helier, Jersey, JE2 3NJ.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £752.97 in respect of hire purchase agreement number HP124119;
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.
JEC
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
D. L. Shaw, Judge, on 30th November 2022.
BETWEEN
Jersey Electricity Plc
PLAINTIFF
and
Manuel Dos Santos Freitas Gouveia
13 Spencer Close, Beach Road, St. Saviour, Jersey, JE2 7PF.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £2,923.80 in respect of hire purchase arrears;
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.
JEC
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
D. L. Shaw, Judge, on 30th November 2022.
BETWEEN
Jersey Electricity Plc
PLAINTIFF
and
Mihai Sandu
2 Le Breton Lane, St. Helier, Jersey, JE2 4QP.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £3,001.57 in respect of hire purchase agreements number HP121903, HP124818 and HP124820;
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.
JEC
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
D. L. Shaw, Judge, on 30th November 2022.
BETWEEN
Jersey Electricity Plc
PLAINTIFF
and
Mr A. H. Davis
Seymour Inn, La Rue du Puits Mahaut, Grouville, Jersey, JE3 9BU.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £905.68 in respect of electricity arrears for the property Seymour Inn, La Rue du Puits Mahaut, Grouville;
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.
JEC
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
D. L. Shaw, Judge, on 30th November 2022.
BETWEEN
Jersey Electricity Plc
PLAINTIFF
and
Narcisa Tatiana Dos Santos Pereira
4 Gros Puits, Fountain Lane, St. Saviour, Jersey, JE2 7RL
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1} condemned the Defendant to pay to the Plaintiff:
a) the sum of £166.90 in respect of electricity arrears for the property 4 Gros Puits, Fountain Lane, St. Saviour
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.
JEC
GREFFIER SUBSTITUTE
____________________________________________________________________________________________________________________________________________________
D. L. Shaw, Judge, on 30th November 2022.
BETWEEN
Jersey Electricity Plc
PLAINTIFF
and
Steven Keith Baker
Manor View, La Route d'Ebenezer, Trinity, Jersey, JE3 SOT
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £1,560.10 in respect of electricity arrears for the property Manor View, La Route d'Ebenezer, Trinity;
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.
JEC
GREFFIER SUBSTITUTE
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