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Danish Pensioner

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  1. Thank you for all your help. The company has now paid their debt to me, after 4 years of struggle, as well as substantial fees to the enforcement company and further interest. The Enforcement company managed to trace the residence of the Director, it helped.
  2. Heres an update: I did not contact the debtor, Abshire-Smith Global, but contacted instead a private enforcement services company/HCEO (I discovered from the media and Company House, that the debtor company is being dissolved in March 2019). After I paid the £66 court fee the enforcement company acted very quickly and obtained the High Court Writ of Control. The Writ was sent to the debtor on 8 February, and after the 10 days compliance period, with no response from the debtor, the Enforcement Agent yesterday visited their Head Office and Trading Office addresses in London, but the debtor company, Abshire-Smith Global Ltd., are not found at any af the addresses, even though the web page is still active http://www.abshire-smith.com/ . I now hope the enforcement company can trace the company in order the retrieve the debt. Otherwise I will have to try to apply the FSCS (Financial Services Compensation Scheme) thru the Financial Ombudsman Services?
  3. Thank you for your usual quick replies and advice: 1. There's no payment deadline given on the Order, but from the mentioned Debt Camel article: "You will get a judgment order back from the court, headed Order for recovery of award. Send the firm a copy of it and ask them to pay you the amount it says, which now includes the court fee you have paid. If they don’t do that within 14 days, you can then bailiffs". 2. I was considering writing to the CEO of the business by email to ensure they received the Order from the County Court, so they cannot claim they haven't received it and also give them a last chance for payment without them accruing further and substantial costs. Also it would be easier for me if thy just paid so that I don't have further troubles, but somehow I don't think thy will just pay up without a fight......
  4. I just wanted to update you of progress of my above query: I contacted a solicitor, but he concluded, after I have been chasing and reminding him and his office many times over one month, "that it would not be cost effective for me to use his services"! I therefore went back to the Central London County Court to enquire how I could make the £44 court fee payment, considering I don't know anybody in the UK and I therefore need to make the payment from Denmark. Fortunately I did get contact to a very helpful and persistent officer at the Correspondence Team of the Central London County Court, and after much writing back and forth over several weeks, he contacted their foreign payment office in person and was told it was possible to make the payment using an international bank draft for £44. Then, after chasing my Danish bank, the bank draft was posted to the Court and I could thus resend my N322A application to the court together with my Final Decision of the Financial Ombudsman Services and all other supporting document, including my calculation of 8% accrued interest. Surprisingly, after a few days I received by email and post my "N322 Order for Recovery of Reward" dated 28 January 2019" which has been before a District Judge. The Order has also been sent to the business by post. Now, I assume the business owing me money has 14 days to make the payment to me and if nothing happens I will have to lift my Court Order to the High Court using a High Court Enforcement Office and a private Enforcement Service company/baliffs? I have seen there's a £66 fee for this service, but otherwise no other fees if the business pays up? I also wonder if I should contact the business and advice them of the Court Order?
  5. Thanks for all the info and useful lawgazette link. I believe the Central London County Court is the court closest to Abshire-Smith Global Head Office at 26 York Street, London, W1U 6PZ. According to FOS factsheet: "You will usually need to start enforcement proceedings in the branch of the court that is local to the business". Perhaps there's a better County Court I can use? I have read the information written by Tobias Haynes (and previously the link from Debt Camel) several times and I am still in doubt whether to use form N322A or N322B, actually the forms seems completely identical, but if you say form N322B is the correct form to use in my case - I will do so. However, I am now in doubt on how to enforce the order using the mentioned Part 8 CPR process? Should I also complete Form N208: Claim form (CPR Part 8)? All in all it seems quite a difficult task for me to obtain the Court Order, so I am considering the help of a Solicitor, (edit ). After all, the expenses for their assistance will be included in my claim to the business.
  6. Unfortunately I don't know anybody in the UK, but according to the Court's guideline it should be possible to send and receive all documents by email? "The use of email in the Civil and Family Courts From the 7 December 2015 all enquiries to civil courts and family courts can be received by email. What documents can be sent by email? You can send all letters and documents relevant to the case including adoption cases. However, due to the sensitive nature of adoption work the court will only send emails to secure email accounts. We will send you confirmation that we got your email."
  7. Should I make the bank cheque payable to just: HM Courts and Tribunals Service Or do I need to include an address? "if you use the paper claim form, pay with a postal order or cheque (payable to ‘HM Courts and Tribunals Service’)."
  8. Thank you very much for all the very useful advice and information. Perhaps I should send my application to the Central London County Court by registered mail and include a bank cheque of £44 made out to the court. I don't think I can use the "Money Claim" online for this purpose - also because I am not residing in the UK?
  9. gov.uk/make-court-claim-for-money/court-fees Home Business and self-employed Business debt and bankruptcy Make a court claim for money Contents How to make a claim Court fees Claim the interest After you make your claim What happens at the hearing Enforce a judgment Court fees You must pay a court fee when you make your claim. The fee for making a money claim online is cheaper than the fee for sending a paper claim form. If you know the claim amount The court fee is based on the amount you’re claiming, plus interest. Claim amount Paper form fee Online claim fee Up to £300 £35 £25 £300.01 to £500 £50 £35 £500.01 to £1,000 £70 £60 £1,000.01 to £1,500 £80 £70 £1,500.01 to £3,000 £115 £105 £3,000.01 to £5,000 £205 £185 £5,000.01 to £10,000 £455 £410 £10,000.01 to £100,000 5% of the claim 4.5% of the claim £100,000.01 to £200,000 5% of the claim You cannot make a claim online More than £200,000 £10,000 You cannot make a claim online To calculate 5% of the value of the claim, take the amount you’re claiming and multiply it by 0.05. If necessary, round down the result to the nearest 1p. The fee will be calculated for you if you make your claim online. If you do not know the claim amount Use the paper claim form if you do not know the exact amount - you cannot make a claim online. Which fee you need to pay You’ll need to estimate the amount you’re claiming and pay the paper form fee for that amount. For example, if you estimate you’re claiming between £3,000.01 and £5,000, you’d have to pay £205. If you leave the ‘amount claimed’ blank, the fee is £10,000. Pay the court fee Pay by credit or debit card if you’re making a claim online. If you use the paper claim form, pay with a postal order or cheque (payable to ‘HM Courts and Tribunals Service’). You may have to pay more fees later on - for example, if there’s a court hearing or you need to get a judgment enforced. You may be able to claim the fees back if you win the case. Find out more about court fees.
  10. Thanks a lot for the call to the Central London County Court and the very good news about the court fee, which I calculated myself to GBP 4.242, as per their guideline! I have submitted my application with the required documents, incl. Form N322A, all duly completed, by mail to the Enquiries at Central London County Court on 25 Oct. 2018. I guess I have the patience, as I started my complaint with the business back in January 2015! My mail to Enquiries Central London County Court: Dear Sir/Madam, I hereby submit my attached application (Form N322A) to your Court to enforce the Financial Ombudsman Service Final Decision of 28 March 2018. I am a Danish national, pensioner, 67 years of age and living in Denmark. On 28 March 2018 the Financial Ombudsman Service (FOS) made a final decision in my favor regarding my complaint against Abshire-Smith Global Ltd., 26 York Street, London W1Y 6PZ. However, the business has unfortunately not complied (i.e. paid me the required amount of GBP 84.833, less court fee, within 28 days of the date of the Final Decision) as they were ordered to by the FOS, despite many reminders and finally also reporting the business to the Regulator (the Financial Conduct Authority), but all in vain. The FOS has therefore advised that I can now proceed to enforce the Ombudsman Decision in the County Court nearest to the business location and drawing the Court’s attention to Section 228(5) of FSMA 2000 and Paragraph 16 in schedule 17 of FSMA 2000. I hope I have submitted my application to the correct office of your Court (which I believe is the nearest Court to the business). Please advise the required court fee amount (please check if the amount on the attached form N322A is correct) and how may I pay it so that your Court to process my application as soon as possible? Please find enclosed: 1. My completed and signed form N322A. 2. Final Decision of 28.03.2018 from the FOS. 3. Consumer Factsheet on “Enforcing an ombudsman’s decision in court”. 4. Letter from my contact officer at the Financial Ombudsman Service, dated 4 September 2018. 5. My calculation of interest. 6. My initial bank transfers to Abshire-Smith Global I look forwarding to be hearing from you soonest possible. Yours sincerely,
  11. Thank you for your quick reply and advice. 1. The amount I claim is GBP 84.833, which includes 8% interest since 16 January 2015 and a GBP 750 compensation awarded by the FOS. 2. I have calculated the court fee to GBP 4.242, from the guidelines given by the Court 3. The business has a Registered Head Office address, which I used, and a Trading Office address. 4. The business has 21 days to comply with the final decision, after I accepted it. After that the FOS has been chasing the business, etc. and we have to wait for the payment for a couple of weeks. Every time I have to chase the FOS to take action and finally they reported the business to the FCA, then wait some more weeks. so that's the reason for the long delay before going to the County Court. It's really disappointing the business can just ignore an FOS Final Decision like that.
  12. Thanks. It's mentioned in my above post: Abshire-Smith Global Ltd., 26 York Street, London W1Y 6PZ
  13. I hope for your help on how I should apply the Central London County Court to Enforce an Financial Ombudsman Final Decision using form N322A? I am a Danish pensioner, living in Denmark, on 28 March 2018 the Financial Ombudsman Service (FOS) made a Final Decision in my favor regarding my complaint against Abshire-Smith Global Ltd., 26 York Street, London W1Y 6PZ, which I accepted. However, the business has unfortunately not complied, i.e. paid me the required amount (GBP 84.833, incl. 8% interest and a GBP 750 compensation awarded by the FOS) within 28 days of me accepting the FOS Final Decision, as they were ordered to by the FOS, despite many reminders from the FOS and finally the FOS reporting the business to the Regulator (the Financial Conduct Authority), but all in vain. The FOS has therefore advised, that I can apply the County Court, nearest to the business, in order to enforce the ombudsman decision (see the attached FOS Consumer Factsheet "enforcing an ombudsman decision in court"). I therefore informed the business that I would now proceed to the County Court unless they complied with the FOS Final Decision - and thereby also saving the business the considerable court fee. However, as I did not hear from the business I sent my application by email (Enquiries.centrallondon.countycourt@justice.gov.uk) to the Central London County Court on 25 Oct. 2018, with all required documents duly completed incl. Form N322A, but less court fee (I requested the Court for information on the court fee amount and how to pay it). I received an automated reply, that I would receive a answer within 10 working days. However, 10 working days have now passed and I have not heard from the County Court, despite sending them a reminder last week. In the meantime Adam Neal, the CEO and Founder of Abshire-Smith Global, has sent me an email informing "Please note we have the option of a judicial review, which is what we are requesting". They have said this before to the FOS shortly after the FOS Final Decision, but apparently it was just a threat and I also believe they should have requested for a Judicial Review within 3-4 months of the date of the Final Decision, so it's properly another delaying tactic? I have, therefore, asked my contact person at the FOS, the Adjudicator,for information on what the Judicial Review means and how I can know if the business has actually applied for this, if the Court accepted the application, the processing time and whether I will be informed of the outcome. Apart from informing me she will inform me "shortly" I have not heard from her again in over 2 weeks, despite my reminder by email. I therefore wish to proceed to enforce my FOS Final Decision at the County Court, but how should I proceed, as they do not respond to my emails? I hope you can help me? enforcing-an-ombudsmans-decision.pdf n322a-eng.pdf
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