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Do you know what happens if a claim is dismissed in county court. Upon actions being taken by the defendant and then they do not comply... In this case with a delivery of a vehicle?
Hello my name is ***** ***** I will help you with this.
The Court ordered that they deliver up the vehicle and they have not, is that right?
Yes, ideally I don't want it so I would get a refund, it was an Online Auction, but it is complicated as the lister is claiming to be an agent, and the seller is not disclosed.
Ok - then you need to make an application to Court to enforce the Order.
If the Judge has ordered something and they have disobeyed it, that is contempt of Court.
You therefore need to make an application that they be committed to prison
The Court will then consider your application and decide whether to make a finding of contempt
But if the Court has ordered it and they have not complied then you make an application to commit to prison for contempt of Court
Can I clarify anything for you about this today please?
I went to the court and was told to raise a form to re-open.. I did, it cost £50... Is currently waiting review.
OK - goos
So this is criminal, now they are in contempt.
No - its still civil
Is there a form I must raised and any legal reading material I can see around this "contempt of court" action?
Generally its an application to the Court
You would need to file an affidavit at Court saying what has happened and why
I go there, or write in?
The Defendants will be invited to give an explanation. The Court will then make a finding
No - you need to submit a proper affidavit
If you dont know what this looks like google search it
Its a witness statement sworn at Court
OK, I will search and no I've never done this before.
Last question, what could be the penalty for this?
A warning, fine or prison
OK thank you so much Alex, for the swift replies. I feel I have something to bargain with.
Happy to help. If I could ask you to rate my answer before you go today please, the button should be at the bottom of the screen
If you need more help please click reply
I do have more questions, but much more complex so would consider additional, are you OK to continue?
If you could please post them as new ones please.
If you start them for Alex W - I can help you with that
OK will do. Thank you.