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In this section, Bailiwick Express will be circulating the most recent decisions of the Petty Debts Court.
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Below you will find all the Petty Debt judgments for the week commencing 25 June 2021.
Before P. C. Harris, Judge, on 23rd June 2021.
BETWEEN
Charlie Farleys Limited
PLAINTIFF
and
Emily Georgia Cleave
9 Gordon Le Breton Close, Plat Douet 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 £5,433.69 comprising: (i) £396.04 in respect of the balance of account rendered dated 1st July 2020, (ii) £886.65 in respect of the balance of account rendered dated 1st August 2020, (iii) £871.00 in respect of an account rendered dated 1st September 2020, (iv) £656.00 in respect of an account rendered dated 1st October 2020, (v) £656.00 in respect of an account rendered dated 1st November 2020, (vi) £656.00 in respect of an account rendered dated 1st December 2020, (vii) £656.00 in respect of an account rendered dated 1st January 2021 and (viii) £656.00 in respect of an account rendered dated 1st February 2021, less the sum of £277.35;
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:
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 23rd June 2021.
BETWEEN
Close Finance (C.I.) Limited
PLAINTIFF
and
Emily Georgia Cleave
9 Gordon Le Breton Close, Plat Douet 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 £1,387.56 in respect of the balance due under Personal Loan Agreement number 30064572 dated 5th December 2019;
b) contractual interest thereon on any outstanding balance in accordance with Practice Direction PD 05/4 at the rate of 8% per annum from 17th March 2021 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 23rd June 2021.
BETWEEN
NEVH Limited
trading as New Era Veterinary Hospital
PLAINTIFF
and
Catia Andreia Freitas Baroca
Flat 2, 9 St. James 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 £835.73 in respect of an account rendered dated 31st October 2020, less the sum of £500.00;
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:
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 23rd June 2021.
BETWEEN
The Channel Islands Co-Operative Society Limited
trading as Co-Operative Medical Care
PLAINTIFF
and
Colin McDougall
4 Meriden House Flats, Palmyra 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 £47.00 in respect of an account rendered dated 26th November 2020, less the sum of £5.00;
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:
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 23rd June 2021.
BETWEEN
Cashback Limited
by Assignment dated 26th May 2021
from
Brendan Charles Kellett and Others exercising the profession of medical practitioner
under the name and style of The Island Medical Centre (Assignor)
PLAINTIFF
and
Russell John Barton
14 Duhamel Place, St Helier, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £395.50 in respect of an account rendered dated 19th April 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.
CL
GREFFIER SUBSTITUTE
Before P. C. Harris, Judge, on 23rd June 2021.
BETWEEN
Cashback Limited
by Assignment dated 25th May 2021
from
S.I. Ryan and Others exercising the profession of medical practitioner
under the name and style of Route du Fort Surgery (Assignor)
PLAINTIFF
and
Victor Matfield
16 Harbour Reach Apartments, La Rue de Carteret, St. Helier, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £40.00 in respect of an account rendered dated 8th October 2020;
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
Before P. C. Harris, Judge, on 23rd June 2021.
BETWEEN
Cashback Limited
by Assignment dated 25th May 2021
from
S.I. Ryan and Others exercising the profession of medical practitioner
under the name and style of Route du Fort Surgery (Assignor)
PLAINTIFF
and
Liliana Miroslav
Flat 1, Mimosa Apartments, 94 St. Saviour's 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 £66.00 in respect of an account rendered dated 9th September 2020;
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
Before P. C. Harris, Judge, on 23rd June 2021.
BETWEEN
Jersey Electricity Plc
PLAINTIFF
and
Lisa Solano
1 Silver Sands, La Grande Route de La Côte, St. Clement, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £152.02 in respect of electricity arrears for the property 1 Silver Sands, La Grande Route de La Côte, St. Clement;
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
Before P. C. Harris, Judge, on 23rd June 2021.
BETWEEN
Jersey Electricity Plc
PLAINTIFF
and
Alexander Reid
Flat, Bronlyn, La Grande Route des Sablons, Grouville, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £567.02 in respect of electricity arrears for the property Flat, Bronlyn, La Grande Route des Sablons, 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
Before P. C. Harris, Judge, on 23rd June 2021.
BETWEEN
Jersey Electricity Plc
PLAINTIFF
and
Mike Bennell
Southern Pines Flat, La Route du Petit Port, St. Brelade, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £315.08 in respect of electricity arrears for the property Southern Pines Flat, La Route du Petit Port, St. Brelade;
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
Before P. C. Harris, Judge, on 23rd June 2021.
The Court granted the application of Jersey X-Ray Services Limited (the "Plaintiff") to abandon the benefit of judgment obtained by default against Mercy Mogha (the "Defendant"), of 8 The Mews, Poonah Lane, St. Helier, on the 2nd June 2021 in the sum of £257.25, interest and costs, and furthermore the Court ordered that the details thereof be expunged from the records of the Court.
CL
GREFFIER SUBSTITUTE
Before P. C. Harris, Judge, on 23rd June 2021.
BETWEEN
Shannon Marett
PLAINTIFF
and
Lee Christopher Dean Francis Richomme
23 International House, Don 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 £2,800.00 in respect of the balance of a personal loan granted by the Plaintiff to the Defendant on 20th October 2019;
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
-END-
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