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Audi A4 used car dealership.

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  • #46
    That photo is the claim overview page.
    Halfway down on left side is a blue box "recent transactions"
    Click on that to see if there has been any movement

    Comment


    • #47
      des8 thanks for that. I have checked, there has been no movement. Do I wait until Wednesday which will have been the 19th day or do I have to wait until the day after if there has still been no movement.

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      • #48
        In these unusual times I would certainly wait until the day after.

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        • #49
          des8 I will wait and see if they respond by next week. Can I ask how MCOL inform the company about the claim made against them? As we have just been informed the company hasnt been open for 3 weeks due to current circumstances going on but someone has been going to the premises; to collect post etc I assume.

          Comment


          • #50
            Notice of claim is sent by post within two days of you filing it.
            Three days are then allowed for delivery, so it would have been delivered by 6th April.
            Under current circumstances I don't believe you should assume anyone has been checking the premises.
            If you obtain a default judgement it is quite likely that the defendant will claim not to have received the claim due to not visiting the premises and so
            apply for set aside.
            If it is granted he can then put in his defence, and the case goes to trial.

            Comment


            • #51
              des8 with it being a Court document will it not have been sent recorded delivery?

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              • #52
                No..

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                • #53
                  des8 is there any particular wording or information I need to use to file this default judgement? Sorry I have never done one before. I will be doing it online on MCOL.

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                  • #54
                    You need to log in to your MCOL account and select the relevant claim from the claim menu.
                    In the Claim Overview, select ‘Request Judgment’ from the available options.

                    From the first screen (Step 1 of 8), read the guidance carefully and then select continue.
                    In Step 2 you will need to choose ‘judgment by default’ (the defendant has not filed a defence or admission to the claim)

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                    • #55
                      des8 okay thank you. I was not sure if I had to write a statement of some sort.

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                      • #56
                        des8 after Ive submitted the request for the Judgement what happens after that. I know it will take time for the Court to process it but do I have to wait for a period of time to do anything else?

                        Comment


                        • #57
                          Eventually your "claim overview" will show "judgement entered" at which point claimant is told when and what to pay.
                          There is nothing more for you to do unless the defendant has popped up and shouted "foul" at which point the court will contact you.
                          If he doesn't pay you then need to take steps to enforce the judgement

                          Comment


                          • #58
                            des8 according to MCOL a judgement was issued against the car dealership yesterday. I am unsure what to do now. What period of time do I now to have to wait to enforce the Judgement? It doesn't tell me on MCOL. Also at the moment, car dealerships are not trading.

                            Comment


                            • #59
                              Well it is up to you to decide when to move to enforcement stage, you have up to six years.

                              Normally I would suggest after a couple of weeks, but this is going to depend on how you view the situation.

                              The things you need to consider are:
                              -Was the defendant a limited company or an individual?
                              -Is he likely to have ready cash to pay you?
                              -Is he likely to start trading again any time soon?
                              -Do his premises still contain assets which could be sold to pay your award?

                              Comment


                              • #60
                                des8 Thank you. The Defendant is a Limited company, they sell 100’s of cars a month they state. They do have the cash to pay me, they have very expensive vehicles on their website, I will have to wait until they start trading again, the premises contains lots and lots of vehicles which could be sold to pay what he owes me.

                                Comment

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