In this section, Bailiwick Express will be circulating the most recent decisions of the Petty Debts Court, in order to provide businesses with more information.
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Below you will find all the Petty Debt judgements commencing 18 February 2021.
Before P. C. Harris, Judge, on 17th February 2021.
BETWEEN
J.J. Fox Trading Limited
PLAINTIFF
and
Lusofoods Limited
The Flat, 13 King Street, St. Helier, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £859.12 in respect of the balance on an account rendered dated 24th October 2019, less the sum of £750.00;
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
Before P. C. Harris, Judge, on 17th February 2021.
BETWEEN
J.J. Fox Trading Limited
PLAINTIFF
and
Lusofoods Limited
The Flat, 13 King Street, St. Helier, Jersey.
FIRST DEFENDANT
Jose Ricardo Pereira Gomes
The Flat, 13 King Street, St. Helier, Jersey.
SECOND DEFENDANT
THE DEFENDANTS not having appeared, the Court:
1) condemned the Defendants to pay to the Plaintiff:
a) the sum of £1,002.51 in respect of the balance of an account rendered dated 24th October 2019, payment of which was guaranteed by the Second Defendant on 3rd April 2019, less the sum of £750.00;
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, 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 Defendant to be arrested to the extent of £80.00 per week.
CL
GREFFIER SUBSTITUTE
Before P. C. Harris, Judge, on 17th February 2021.
BETWEEN
Victor Hugo Limited
PLAINTIFF
and
Lusofoods Limited trading as Stop Shop
The Flat, 13 King Street, St. Helier, Jersey.
FIRST DEFENDANT
Jose Ricardo Pereira Gomes
The Flat, 13 King Street, St. Helier, Jersey.
SECOND DEFENDANT
THE DEFENDANTS not having appeared, the Court:
1) condemned the Defendants to pay to the Plaintiff:
a) the sum of £1,489.29 in respect of an account rendered dated 31st August 2019, account opened by the First Defendant and guaranteed by the Second Defendant on 5th April 2019, less the sum of £200.00;
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, 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 Defendant to be arrested to the extent of £80.00 per week.
CL
GREFFIER SUBSTITUTE
Before P. C. Harris, Judge, on 17th February 2021.
BETWEEN
Jersey Airtel Limited
PLAINTIFF
and
Nerea Soriano
Flat 2, Wavecrest, La Greve d' Azette, St. Clement, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £62.98 in respect of telecommunications account number 1-220047051242 dated 21st November 2020 relating to standard line rental and contract termination charges;
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
Before P. C. Harris, Judge, on 17th February 2021.
BETWEEN
Jersey Airtel Limited
PLAINTIFF
and
Aaron Baudains
c/o Cheapside Laundrette Limited, 9 Cheapside, St. Helier, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £52.49 in respect of telecommunications account number 885655 dated 21st August 2020 relating to standard line rental and data charges;
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
Before P. C. Harris, Judge, on 17th February 2021.
BETWEEN
Jersey Airtel Limited
PLAINTIFF
and
Ricardo Miguel Mendes
Flat 2, St. Saviour's Crescent, St. Saviour's Road, St. Saviour, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £179.10 in respect of telecommunications account number 739395 dated 21st December 2020 relating to standard line rental and data charges;
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
Before P. C. Harris, Judge, on 17th February 2021.
BETWEEN
Jersey Airtel Limited
PLAINTIFF
and
Romolus Miclea
Kelso House, 30 Clairvale Road, St. Helier, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £351.67 in respect of telecommunications account number 888210 dated 21st August 2020 relating to standard line rental and contract termination charges;
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
Before P. C. Harris, Judge, on 17th February 2021.
BETWEEN
Close Finance (Cl) Limited
PLAINTIFF
and
Hobibur Rahman
2 School Road, St. Clement, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £25,023.01 in respect of the balance of a personal loan agreement number 30065602 dated 30th June 2020;
b) contractual interest thereon on any outstanding balance in accordance with Practice Direction PD 05/4 at 8% per annum from 28th October 2020 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
Before P. C. Harris, Judge, on 17th February 2021.
BETWEEN
Close Finance (Cl) Limited
PLAINTIFF
and
Jose Luis Pestana
18 West Park Avenue, St. Helier, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £1,643.17 in respect of the balance of a personal loan agreement number 30061616 dated 24th October 2018;
b) contractual interest thereon on any outstanding balance in accordance with Practice Direction PD 05/4 at 8% per annum from 3rd August 2020 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
Before P. C. Harris, Judge, on 17th February 2021.
The Court granted the application of Industrial (Motor) Rewinds Limited (the "Plaintiff") to abandon the benefit of judgment obtained by default against Lucy Jean Carro (the "Defendant"), of La Fantaisie, Mont Cambrai, St. Lawrence, on the 8th November 2017 in the sum of £97.13, interest and costs, and furthermore the Court ordered that the details thereof be expunged from the records of the Court.
CL
GREFFIER SUBSTITUTE
-END-
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