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Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Do you know what happens if a claim is dismissed upon action

Resolved Question:

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?

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

The Court ordered that they deliver up the vehicle and they have not, is that right?

Customer:

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.

Alex Watts :

Ok - then you need to make an application to Court to enforce the Order.

Alex Watts :

If the Judge has ordered something and they have disobeyed it, that is contempt of Court.

Alex Watts :

You therefore need to make an application that they be committed to prison

Alex Watts :

The Court will then consider your application and decide whether to make a finding of contempt

Alex Watts :

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

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

I went to the court and was told to raise a form to re-open.. I did, it cost £50... Is currently waiting review.

Alex Watts :

OK - goos

Alex Watts :

good

Customer:

So this is criminal, now they are in contempt.

Alex Watts :

No - its still civil

Customer:

Is there a form I must raised and any legal reading material I can see around this "contempt of court" action?

Alex Watts :

Generally its an application to the Court

Alex Watts :

You would need to file an affidavit at Court saying what has happened and why

Customer:

I go there, or write in?

Alex Watts :

The Defendants will be invited to give an explanation. The Court will then make a finding

Alex Watts :

No - you need to submit a proper affidavit

Alex Watts :

If you dont know what this looks like google search it

Alex Watts :

Its a witness statement sworn at Court

Customer:

OK, I will search and no I've never done this before.

Customer:

Last question, what could be the penalty for this?

Alex Watts :

A warning, fine or prison

Customer:

OK thank you so much Alex, for the swift replies. I feel I have something to bargain with.

Alex Watts :

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

Alex Watts :

If you need more help please click reply

Customer:

I do have more questions, but much more complex so would consider additional, are you OK to continue?

Alex Watts :

If you could please post them as new ones please.

Alex Watts :

If you start them for Alex W - I can help you with that

Customer:

OK will do. Thank you.

Ash and 3 other Law Specialists are ready to help you