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 14 June 2021.
Before B. C. Harris, Judge, on 9th June 2021.
BETWEEN
Cashback Limited
by Assignment dated 12th April 2021
from
Cherry Godfrey Finance Limited (Assignor)
PLAINTIFF
and
Anze Langus
Merton Hotel Staff Accommodation, Belvedere Hill, St. Saviour, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £3,394.20 in respect of the balance due under Personal Loan Agreement number 797935 dated 15th July 2020;
b) contractual interest thereon on any outstanding balance in accordance with Practice Direction PD 05/4 at the rate of 8% per annum from 12th 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 B. C. Harris, Judge, on 9th June 2021.
BETWEEN
Cashback Limited
by Assignment dated 29th April 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
William Michael O'Connor
Little Nest, La Vallee de St. Pierre, St. Lawrence, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, but having paid the sum of £89.00 claimed by the Plaintiff in respect of an account rendered dated 24th November 2020, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the fixed costs of the action in accordance with Practice Direction PD 18/01;
b) 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 B. C. Harris, Judge, on 9th June 2021.
BETWEEN
Close Finance (C.I.) Limited
PLAINTIFF
and
José Alves Da Silva
Flat 1, 40 Belmont 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 £1,308.89 in respect of the balance due under Personal Loan Agreement number 96000573 dated 28th July 2020;
b) contractual interest thereon on any outstanding balance in accordance with Practice Direction PD 05/4 at the rate of 8% per annum from 22nd January 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 B. C. Harris, Judge, on 9th June 2021.
BETWEEN
Andium Homes Limited
PLAINTIFF
and
Maria Fatima Vieira
7 Sunshine Gardens, Marett 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 £528.98 in respect of rental arrears for the property 6 Liberation Court, Ann Street, St. Helier, as at 16th November 2020;
b) interest thereon at the appropriate daily rate on any outstanding balance in accordance with Practice Direction PD 05/3 from 9th 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 B. C. Harris, Judge, on 9th June 2021.
BETWEEN
Cashback Limited
by Assignment dated 19th May 2021
from
Cherry Godfrey Finance Limited (Assignor)
PLAINTIFF
and
Keli-Ann McGuinness
44 Clos des Patelles, La Grande Route de St. Clement, St. Clement, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £22,398.28 in respect of the balance due under Personal Loan Agreement number 796741 dated 26th May 2020;
b) contractual interest thereon on any outstanding balance in accordance with Practice Direction PD 05/4 at the rate of 8% per annum from 30th 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 B. C. Harris, Judge, on 9th June 2021.
BETWEEN
G.A. & R. Electrical Repair Services Limited
PLAINTIFF
and
India Sutton
La Fontaine Martin, Le Chemin du Chateau, St. Ouen, Jersey.
DEFENDANT
THE DEFENDANT not having appeared, the Court:
1) condemned the Defendant to pay to the Plaintiff:
a) the sum of £82.19 in respect of an account rendered dated 29th January 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 B. C. Harris, Judge, on 9th June 2021.
BETWEEN
G.A. & R. Electrical Repair Services Limited
PLAINTIFF
and
Nigel Smith
21 Maison St. Louis, Wellington 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 £101.71 in respect of an account rendered dated 12th January 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 B. C. Harris, Judge, on 9th June 2021.
BETWEEN
G4S Secure Solutions (Jersey) Limited
PLAINTIFF
and
Tom Wilson
Flat 3, 1 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 £126.00 in respect of an account rendered dated 19th June 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 B. C. Harris, Judge, on 9th June 2021.
BETWEEN
The Channel Islands Co-operative Society Limited
trading as Co-operative Medical Care
PLAINTIFF
and
Michael Richard Hahessy
47 Westmount Park, Westmount 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 £73.00 in respect of an account rendered dated 16th February 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
-END-
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