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General Knowledge As the title suggests - a kind of "Did you know...?" - a place to add snippets of information about consumer law. Everyone must know at least one little gem that could help out loads of people. Try and post with a link to clarification where possible.


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Old 26th January 2008, 19:57   #1 (permalink)
zimrich
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Default I won in small claims court but they won't pay

Hi,
I recently took an auctioneers to Court for misrepresentation as they had refused a refund on the basis of an exclusion clause in their terms and conditions. I argued that the exclusion clause breached the Unfair terms in Consumer Contract Relations and the Judge agreed.

I undertook the case myself and managed to win with an order for the defendants to pay within fourteen days.

However, the time limit has now expired and I haven't recieved payment or heard anything. I phoned the Court and was told I needed to apply for a Warrant of execution or a third party debtor order. The amount that I am owed is only £250 so does anyone have any advice on which the better option would be?

Thanks for any help

Rich
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Old 26th January 2008, 20:39   #2 (permalink)
Michael Browne
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Michael Browne AuthoritativeMichael Browne AuthoritativeMichael Browne AuthoritativeMichael Browne AuthoritativeMichael Browne AuthoritativeMichael Browne AuthoritativeMichael Browne AuthoritativeMichael Browne AuthoritativeMichael Browne AuthoritativeMichael Browne AuthoritativeMichael Browne Authoritative
Default Re: I won in small claims court but they won't pay

To issue a WoE see here;
Warrant of Execution - Consumer Wiki

The fee will be added to the total claim
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