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 1 June 2022.
Before P. C. Harris, Judge, on 1st June 2022.
BETWEEN
Reto Finance Limited
PLAINTIFF
and
Susana Maria Alves Franco Camara
Rhodesia Cottage, 14 Havre des Pas, St. Helier, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £6,344.78 in respect of the balance of personal loan agreement number 236368 due on 7th February 2020, less the sum of £1,360.14;
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 1st June 2022.
BETWEEN
Dandara Jersey Limited
PLAINTIFF
and
Helen Margaret Tyler
Apartment 6, Les Galets, Gorey, St. Martin, Jersey
& C/o Cambrette Care Limited, ist Floor, Trinity House, Bath 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 £677.75 comprising: (i) £357.76 in respect of an invoice for occupier Parish rates dated 1st November 2021, (ii) £214.99 in respect of cleaning charges dates 5th April 2022, and (iii) £105.00 in respect redecoration charges dated 5th April 2022;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from 5th April 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
Before P. C. Harris, Judge, on 1st June 2022.
BETWEEN
Mercury Distribution Limited
and
Catia Freitas trading as Maid 2 Shine Cleaning Service
Flat 2. 9 James Street, St. Helier, Jersey.
PLAINTIFF
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £124.04 in respect of invoice number 23928 dated ist February 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.
SF
GREFFIER SUBSTITUTE
Before P. C. Harris, Judge, on 1st June 2022.
BETWEEN
Skyfall Collections Limited
by Assignment dated 11 th May 2022
from
Dr Dean Balbes & Partners trading as Indigo Medical (Assignor)
and
Shannon Johnson
No. 20 Les Hinguettes, Le Marais, St. Clement, Jersey.
PLAINTIFF
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £190.00 comprising: (i) £150.00 in respect of medical fees dated between 6th September 2021 and 9th May 2022 and (ii) £40.00 in respect of medical fees dated between 25th November 2021 and 5th May 2022;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from 9th May 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
Before P. C. Harris, Judge, on 1st June 2022.
BETWEEN
Warwick House (Jersey) Limited
PLAINTIFF
and
Lee McCormick
58 Clos du Paradis, La Pouquelaye, St. Helier, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £460.42 in respect of invoice number 503202 dated 3rd May 2022 for service carried out to vehicle J106914;
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 1st June 2022.
BETWEEN
Timothy John Baxter
PLAINTIFF
and
Tomasz Berdyszak
Flat 3, 58 St. Mark'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 £7,800.00 in respect of rental arrears for the property Flat 3, 58 St. Mark's Road, St. Helier, for the period between pt June 2021 and 31st May 2022;
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 ofthe 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 pt June 2022.
The Court granted the application of M B Boiler Services Limited (the "Plaintiff") to abandon the benefit of judgment obtained by default against Gary Britton and Tracey Anderson (the "Defendants"), of 23 Landfield Drive, Mont Millais, St. Helier, on 24th November 2021 in the sum of £80.00, interest and costs, and furthermore the Court ordered that the details thereof be expunged from the records of the Court.
SF
GREFFIER SUBSTITUTE
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