The latest in Petty Debts

Tuesday 23 July 2024

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In this section, Bailiwick Express circulates recent decisions of the Petty Debts Court.

Below you will find all the Petty Debts judgments granted on Wednesday 17 July 2024.

In the Petty Debts Court of Jersey

Civil Claims Division

Before A. J. Clarke, Judge, on 17th July 2024.

BETWEEN

The Treasurer of the States

PLAINTIFF

and

Cassio Filipe Nobrega Basilio
Flat 14, Parkside, Lew Street, St. Helier, Jersey, JE2 3PB.

DEFENDANT

The Defendant not having appeared, the Court ORDERED the Defendant to pay to the Plaintiff:

1) the sum of £23,413.74 in respect of an overpayment of Income Support;

2) the fixed costs in accordance with Practice Direction PD 18/01;

3) interest on such costs in accordance with Practice Direction PD 05/4 from today to
the date of payment;

and AUTHORISED the Plaintiff to have:

1) the personal property of the Defendant arrested and sold, providing that no sale shall
take place without the Court's permission, unless the Viscount is satisfied that the
Defendant is aware that the goods have been arrested;

2) the wages of the Defendant arrested at the standard rate of £80.00 per week,

LOD

GREFFIER SUBSTITUTE

____________________________________________________________________________________________________________________________________________________

In the Petty Debts Court of Jersey

Civil Claims Division

Before A. J. Clarke, Judge, on 17th July 2024.

BETWEEN

The Treasurer of the States

PLAINTIFF

and

David Monk
43 Vincent Court, Albert Street, St. Helier, Jersey, JE2 3TD.

DEFENDANT

The Defendant not having appeared, the Court ORDERED the Defendant to pay to the Plaintiff:

1) the sum of £13,160.53 in respect of an overpayment of Income Support;

2) the fixed costs in accordance with Practice Direction PD 18/01;

3) interest on such costs in accordance with Practice Direction PD 05/4 from today to
the date of payment;

and AUTHORISED the Plaintiff to have:

1) the personal property of the Defendant arrested and sold, providing that no sale shall
take place without the Court's permission, unless the Viscount is satisfied that the
Defendant is aware that the goods have been arrested;

2) the wages of the Defendant arrested at the standard rate of £80.00 per week,

 

LOD

GREFFIER SUBSTITUTE

____________________________________________________________________________________________________________________________________________________

In the Petty Debts Court of Jersey

Civil Claims Division

Before A. J. Clarke, Judge, on 17th July 2024.

BETWEEN

The Treasurer of the States

PLAINTIFF

and

Eida Construction Limited
B802 W2 Westmount, Westmount Road, St. Helier, Jersey, JE2 3BJ.

DEFENDANT

The Defendant not having appeared, the Court ORDERED the Defendant to pay to the Plaintiff:

1) the sum of £9,383.00 in respect of Goods and Services Tax (GST) for the years 2019,
2021, 2022 and 2023;

2) statutory interest on any outstanding balance in accordance with Practice Direction
PD 05/3 from today to the date of payment;

and AUTHORISED the Plaintiff to have the personal property of the Defendant arrested and sold,
providing that no sale shall take place without the Court's permission, unless the Viscount is
satisfied that the Defendant is aware that the goods have been arrested;

 LOD

GREFFIER SUBSTITUTE

____________________________________________________________________________________________________________________________________________________

In the Petty Debts Court of Jersey

Civil Claims Division

Before A. J. Clarke, Judge, on 17th July 2024.

BETWEEN

The Treasurer of the States

PLAINTIFF

and

Eida Construction Limited
B802 W2 Westmount, Westmount Road, St. Helier, Jersey, JE2 3BJ.

DEFENDANT

The Defendant not having appeared, the Court ORDERED the Defendant to pay to the Plaintiff:

1) the sum of £4,415.00 in respect of company tax for the years 2020, 2021 and 2022;

2) the fixed costs in accordance with Practice Direction PD 18/01;

3) interest on such costs in accordance with Practice Direction PD 05/4 from today to
the date of payment;

and AUTHORISED the Plaintiff to have the personal property of the Defendant arrested and sold,
providing that no sale shall take place without the Court's permission, unless the Viscount is
satisfied that the Defendant is aware that the goods have been arrested;

 LOD

GREFFIER SUBSTITUTE

____________________________________________________________________________________________________________________________________________________

In the Petty Debts Court of Jersey

Civil Claims Division

Before A. J. Clarke, Judge, on 17th July 2024.

BETWEEN

The Treasurer of the States

PLAINTIFF

and

Gaynor Allison Gates
21 The Cedars, Green Street, St. Helier, Jersey, JE2 4UN.

DEFENDANT

The Defendant not having appeared, the Court ORDERED the Defendant to pay to the Plaintiff:

1) the sum of £1,089.50 in respect of an overpayment of Income Support;

2) the fixed costs in accordance with Practice Direction PD 18/01;

3) interest on such costs in accordance with Practice Direction PD 05/4 from today to
the date of payment;

and AUTHORISED the Plaintiff to have:

1) the personal property of the Defendant arrested and sold, providing that no sale shall
take place without the Court's permission, unless the Viscount is satisfied that the
Defendant is aware that the goods have been arrested;

2) the wages of the Defendant arrested at the standard rate of £80.00 per week.

 LOD

GREFFIER SUBSTITUTE

____________________________________________________________________________________________________________________________________________________

In the Petty Debts Court of Jersey

Civil Claims Division

Before A. J. Clarke, Judge, on 17th July 2024.

BETWEEN

Close Finance (Cl) Limited

PLAINTIFF

and

Kirsty Anne-Marie Mullan
9 Miladi Farm, Longueville Road, St. Saviour, Jersey, JE2 7QU.

DEFENDANT

The Defendant not having appeared, the Court ORDERED the Defendant to pay to the Plaintiff:

1) the sum of £8,779.83 in respect of the balance due under Personal Loan Agreement
number 30067840 dated 13th January 2022, less the sum of £150.00;

2) contractual interest on any outstanding balance in accordance with Practice Direction
PD 05/4 at 8% per annum from 8th December 2023 to the date of payment;

3) the fixed costs in accordance with Practice Direction PD 18/01;

4) interest on such costs in accordance with Practice Direction PD 05/4 from today to
the date of payment;

and AUTHORISED the Plaintiff to have:

1) the personal property of the Defendant arrested and sold, providing that no sale shall
take place without the Court's permission, unless the Viscount is satisfied that the
Defendant is aware that the goods have been arrested;

2) the wages of the Defendant arrested at the standard rate of £80.00 per week.

 CL

GREFFIER SUBSTITUTE

____________________________________________________________________________________________________________________________________________________

In the Petty Debts Court of Jersey

Civil Claims Division

Before A. J. Clarke, Judge, on 17th July 2024.

BETWEEN

Close Finance (Cl) Limited

PLAINTIFF

and

Thomas Francis McGinn
37 Le Clos Couriard, Rouge Boullion, St. Helier, Jersey, JE2 3UF.

DEFENDANT

The Defendant not having appeared, the Court ORDERED the Defendant to pay to the Plaintiff:

1) the sum of £5,202.84 in respect of personal loan agreement 30066508 dated 14th
February 2020;

2) contractual interest on any outstanding balance in accordance with Practice Direction
PD 05/4 at 8% per annum from 15th February 2024 to the date of payment;

3) the fixed costs in accordance with Practice Direction PD 18/01;

4) interest on such costs in accordance with Practice Direction PD 05/4 from today to
the date of payment;

and AUTHORISED the Plaintiff to have:

1) the personal property of the Defendant arrested and sold, providing that no sale shall
take place without the Court's permission, unless the Viscount is satisfied that the
Defendant is aware that the goods have been arrested;

2) the wages of the Defendant arrested at the standard rate of £80.00 per week.

 CL

GREFFIER SUBSTITUTE

____________________________________________________________________________________________________________________________________________________

In the Petty Debts Court of Jersey

Civil Claims Division

Before A. J. Clarke, Judge, on 17th July 2024.

BETWEEN

Ready Plant (2019) Limited

PLAINTIFF

and

Cheryl Ahearn
Estrella Del Sud, Pontac Common, St. Clement, Jersey, JE2 6SX.

DEFENDANT

The Defendant not having appeared, the Court ORDERED the Defendant to pay to the Plaintiff:

1) the sum of £2,226.42 comprising: (i) £526.68 in respect of an account dated 2sth
February 2024, (ii) £574.56 in respect of an account dated 28th March 2024, (iii)
£550.62 in respect of an account dated 30th April 2024, and (iv) £574.56 in respect of
an account dated 31st May 2024;

2) statutory interest on any outstanding balance in accordance with Practice Direction
PD 05/3 from the said dates to the date of payment;

3) the fixed costs in accordance with Practice Direction PD 18/01;

4) interest on such costs in accordance with Practice Direction PD 05/4 from today to
the date of payment

and AUTHORISED the Plaintiff to have:

1) the personal property of the Defendant arrested and sold, providing that no sale shall
take place without the Court's permission, unless the Viscount is satisfied that the
Defendant is aware that the goods have been arrested;

2) the wages of the Defendant arrested at the standard rate of £80.00 per week.

 CL

GREFFIER SUBSTITUTE

____________________________________________________________________________________________________________________________________________________

In the Petty Debts Court of Jersey

Civil Claims Division

Before A. J. Clarke, Judge, on 17th July 2024.

BETWEEN

Jersey Village Vets Limited 

PLAINTIFF

and

Adele Margaret Wagstaff
Chez Lamy Apartments, La Route de l'Etacq, St. Ouen, Jersey, JE2 2FB.

DEFENDANT

The Defendant not having appeared, the Court ORDERED the Defendant to pay to the Plaintiff:

1) the sum of £301.50 in respect of an account dated 14th March 2024;

2) statutory interest on any outstanding balance in accordance with Practice Direction
PD 05/3 from the said date to the date of payment;

3) the fixed costs in accordance with Practice Direction PD 18/01;

4) interest on such costs in accordance with Practice Direction PD 05/4 from today to
the date of payment;

and AUTHORISED the Plaintiff to have:

1) the personal property of the Defendant arrested and sold, providing that no sale shall
take place without the Court's permission, unless the Viscount is satisfied that the
Defendant is aware that the goods have been arrested;

2) the wages of the Defendant arrested at the standard rate of £80.00 per week.

 CL

GREFFIER SUBSTITUTE

____________________________________________________________________________________________________________________________________________________

In the Petty Debts Court of Jersey

Civil Claims Division

Before A. J. Clarke, Judge, on 17th July 2024.

BETWEEN

SGB Hire (Channel Islands) Limited 

PLAINTIFF

and

Multiply Design & Build Co Limited
Suite 21, Bourne House, Francis Street, St. Helier, Jersey, JE2 4QE.

DEFENDANT

The Defendant not having appeared, the Court ORDERED the Defendant to pay to the Plaintiff:

1) the sum of £446.74 in respect of several accounts dated between 31st January 2024
and 4th April 2024;

2) statutory interest on any outstanding balance in accordance with Practice Direction
PD 05/3 from today to the date of payment;

3) the fixed costs in accordance with Practice Direction PD 18/01;

4) interest on such costs in accordance with Practice Direction PD 05/4 from today to
the date of payment;

and AUTHORISED the Plaintiff to have the personal property of the Defendant arrested and sold,
providing that no sale shall take place without the Court's permission, unless the Viscount is
satisfied that the Defendant is aware that the goods have been arrested.

 CL

GREFFIER SUBSTITUTE

____________________________________________________________________________________________________________________________________________________

In the Petty Debts Court of Jersey

Civil Claims Division

Before A. J. Clarke, Judge, on 17th July 2024.

BETWEEN

HD Screed Limited

PLAINTIFF

and

Nicholson Builders Limited
9 Bond Street, St Helier, Jersey, JE2 3NP & Unit 9, La Rue de La Piece Mauger,
Trinity, Jersey, JE3 SHW.

DEFENDANT

The Defendant not having appeared, the Court ORDERED the Defendant to pay to the Plaintiff:

1) the sum of £7,948.50 comprising: (i) £2,362.50 in respect of invoice 5133 dated 26th
February 2024 and (ii) £5,586.00 in respect of invoice 5160 dated 25th March 2024;

2) statutory interest on any outstanding balance in accordance with Practice Direction
PD 05/3 from 25th March 2024 to the date of payment;

3) the fixed costs in accordance with Practice Direction PD 18/01;

4) interest on such costs in accordance with Practice Direction PD 05/4 from today to
the date of payment;

and AUTHORISED the Plaintiff to have the personal property of the Defendant arrested and sold,
providing that no sale shall take place without the Court's permission, unless the Viscount is
satisfied that the Defendant is aware that the goods have been arrested.

 SF

GREFFIER SUBSTITUTE

____________________________________________________________________________________________________________________________________________________

In the Petty Debts Court of Jersey

Civil Claims Division

Before A. J. Clarke, Judge, on 17th July 2024.

BETWEEN

Banleman Properties Limited 

PLAINTIFF

and

F&D Limited
3 Castle Street, St. Helier, Jersey, JE2 4WP & Ground Floor, 57 Bath Street,
St. Helier, Jersey, JE2 4SU.

DEFENDANT

The Defendant not having appeared, the Court ORDERED the Defendant to pay to the Plaintiff:

1) the sum of £2,625.00 in respect of arrears of rent for June 2024;

2) statutory interest on any outstanding balance in accordance with Practice Direction
PD 05/3 from today to the date of payment;

3) the fixed costs in accordance with Practice Direction PD 18/01;

4) interest on such costs in accordance with Practice Direction PD 05/4 from today to
the date of payment;

and AUTHORISED the Plaintiff to have the personal property of the Defendant arrested and sold,
providing that no sale shall take place without the Court's permission, unless the Viscount is
satisfied that the Defendant is aware that the goods have been arrested.

 SF

GREFFIER SUBSTITUTE

____________________________________________________________________________________________________________________________________________________

In the Petty Debts Court of Jersey

Civil Claims Division

Before A. J. Clarke, Judge, on 17th July 2024.

BETWEEN

BR Plumbing & Heating Services Limited 

PLAINTIFF

and

Alison Picot
Flat 54, Edinburgh House, Green Street, St. Helier, Jersey, JE2 4BQ.

DEFENDANT

The Defendant not having appeared, the Court ORDERED the Defendant to pay to the Plaintiff:

1) the sum of £70.88 in respect of invoice number 090424/01 dated 9th April 2024;

2) statutory interest on any outstanding balance in accordance with Practice Direction
PD 05/3 from the said date to the date of payment;

3) the fixed costs in accordance with Practice Direction PD 18/01;

4) interest on such costs in accordance with Practice Direction PD 05/4 from today to
the date of payment;

and AUTHORISED the Plaintiff to have:

1) the personal property of the Defendant arrested and sold, providing that no sale shall
take place without the Court's permission, unless the Viscount is satisfied that the
Defendant is aware that the goods have been arrested;

2) the wages of the Defendant arrested at the standard rate of £80.00 per week.

 SF

GREFFIER SUBSTITUTE

____________________________________________________________________________________________________________________________________________________

In the Petty Debts Court of Jersey

Civil Claims Division

Before A. J. Clarke, Judge, on 17th July 2024.

BETWEEN

Kennedy International House Limited 

PLAINTIFF

and

Curtis Morgan Aubert
Flat C, 21 St. James Street, St. Helier, Jersey, JE2 3QZ.

DEFENDANT

The Defendant not having appeared, the Court ORDERED the Defendant to pay to the Plaintiff:

1) the sum of £1,000.00 in respect of arrears of rent for June 2024;

2) statutory interest on any outstanding balance in accordance with Practice Direction
PD 05/3 from today to the date of payment;

3) the fixed costs in accordance with Practice Direction PD 18/01;

4) interest on such costs in accordance with Practice Direction PD 05/4 from today to
the date of payment;

and AUTHORISED the Plaintiff to have:

1) the personal property of the Defendant arrested and sold, providing that no sale shall
take place without the Court's permission, unless the Viscount is satisfied that the
Defendant is aware that the goods have been arrested;

2) the wages of the Defendant arrested at the standard rate of £80.00 per week.

 SF

GREFFIER SUBSTITUTE

____________________________________________________________________________________________________________________________________________________

In the Petty Debts Court of Jersey

Civil Claims Division

Before A. J. Clarke, Judge, on 17th July 2024.

BETWEEN

Skyfall Collections Limited by Assignment dated 25th June 2024
from Dr Dean & Partners trading as Indigo Medical

PLAINTIFF

and

Daniel Godfray
62 Clos de Roncier, St. Clement, Jersey, JE2 6QU.

DEFENDANT

The Defendant not having appeared, the Court ORDERED the Defendant to pay to the Plaintiff:

1) the sum of £35.00 in respect of several accounts dated between 7th December 2023
and 1st May 2024;

2) statutory interest on any outstanding balance in accordance with Practice Direction
PD 05/3 from 1st May 2024 to the date of payment;

3) the fixed costs in accordance with Practice Direction PD 18/01;

4) interest on such costs in accordance with Practice Direction PD 05/4 from today to
the date of payment;

and AUTHORISED the Plaintiff to have:

1) the personal property of the Defendant arrested and sold, providing that no sale shall
take place without the Court's permission, unless the Viscount is satisfied that the
Defendant is aware that the goods have been arrested;

2) the wages of the Defendant arrested at the standard rate of £80.00 per week.

 SF

GREFFIER SUBSTITUTE

____________________________________________________________________________________________________________________________________________________

In the Petty Debts Court of Jersey

Civil Claims Division

Before A. J. Clarke, Judge, on 17th July 2024.

BETWEEN

Westview Association 

PLAINTIFF

and

Charles Hickinbottom
16 La Ville Vautier, La Rue des Cosnets, St. Cuen, Jersey, JE3 2WF.

DEFENDANT

The Defendant not having appeared, the Court ORDERED the Defendant to pay to the Plaintiff:

1) the sum of £60.00 in respect of provisional charges due in advance for the period
between 25th March 2024 and 23rd June 2024, as per the terms of the Westview
Association Declaration, in relation to ownership/occupation of 16 La Ville Vautier,
La Rue des Cosnets, St. Ouen;

2) statutory interest on any outstanding balance in accordance with Practice Direction
PD 05/3 from today to the date of payment;

3) the fixed costs in accordance with Practice Direction PD 18/01;

4) interest on such costs in accordance with Practice Direction PD 05/4 from today to
the date of payment;

and AUTHORISED the Plaintiff to have:

1) the personal property of the Defendant arrested and sold, providing that no sale shall
take place without the Court's permission, unless the Viscount is satisfied that the
Defendant is aware that the goods have been arrested;

2) the wages of the Defendant arrested at the standard rate of £80.00 per week.

 BM

GREFFIER SUBSTITUTE

____________________________________________________________________________________________________________________________________________________

In the Petty Debts Court of Jersey

Civil Claims Division

Before A. J. Clarke, Judge, on 17th July 2024.

BETWEEN

Michael James 

PLAINTIFF

and

Barry Rathmill & Mary Rathmill
Flat 3, 39 Midvale Road, St. Helier, Jersey, JE2 3TY.

DEFENDANT

The Defendants not having appeared, the Court ORDERED the Defendants to pay to the
Plaintiff, jointly and severally:

1) the sum of £23,952.78 comprising: (i) £21,800.00 in respect of arrears of rent for
the period from 1st March 2023 to 30th June 2024, (ii) £1,297.78 in respect of
interest accrued on late payments, and (iii) £855.00 in respect of ancillary
maintenance and repair costs, all as per a lease agreement dated 1st March 2023,
less the sum of £150.00;

2) statutory interest on any outstanding balance in accordance with Practice Direction
PD 05/3 from today to the date of payment;

3) the fixed costs in accordance with Practice Direction PD 18/01;

4) interest on such costs in accordance with Practice Direction PD 05/4 from today to
the date of payment;

and AUTHORISED the Plaintiff to have, jointly and severally: 

1) the personal property of the Defendants arrested and sold, providing that no sale
shall take place without the Court's permission, unless the Viscount is satisfied that
the Defendants are aware that the goods have been arrested;

2) the wages of the Defendants arrested at the standard rate of £80.00 per week.

 LIP

GREFFIER SUBSTITUTE

____________________________________________________________________________________________________________________________________________________

In the Petty Debts Court of Jersey

Civil Claims Division

Before A. J. Clarke, Judge, on 17th July 2024.

BETWEEN

Ports of Jersey Limited

PLAINTIFF

and

Jeremy Barnes
2 Gorey Village New Road, Gorey Village, Grouville, Jersey, JE2 9EY.

DEFENDANT

The Court granted the application of the Plaintiff to abandon the benefit of the Judgment
obtained by default against the Defendant, on 29th November 2023 in the sum of £62.81 and
ORDERED that the details of the Judgment be removed from the Court's records.

 POJ

GREFFIER SUBSTITUTE

____________________________________________________________________________________________________________________________________________________

In the Petty Debts Court of Jersey

Civil Claims Division

Before A. J. Clarke, Judge, on 17th July 2024.

BETWEEN

Scott Taylor & Emma Taylor

PLAINTIFFS

and

Three Don Terrace Limited
28 Esplanade, St. Helier, Jersey, JE2 3QA.

DEFENDANT

WHEREAS on 12th June 2024, the Plaintiffs obtained judgment by default against the
Defendant who was ordered to pay the sum of £27,900.00 in respect of costs incurred to
rectify render defects in a property purchased from the Defendant on 19th May 2017.

NOW TODAY, the Court having considered the Defendant's application supported by Affidavit
detailing the circumstances and history of the default judgment, the Court ORDERED that the
details of the judgment be removed from the Court's records.

 B&P

GREFFIER SUBSTITUTE

____________________________________________________________________________________________________________________________________________________