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scara

FOS ruled in my favour Against Fat Prophets - but!!!!!

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Thanks again everyone for the advice. DX I will take your route and contact the sheriffs are coming enforcement team. Regards Scara

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use the internet well.

 

particularly sites like the fca register / 192.com..etc , get the names and addresses of all the company directors/treasures/secretaries etc

add those details to the info you send to the HCEO..

good luck


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Im fairly certain you have to use the N322A to enforce the order if they respondent fails to comply with your N322.

 

Refer to CPR 70.5 on how to enforce.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part70#IDAQB0HC

 

This could be tricky considering its an Australian based parent Company and it may require the corporate veil to be pierced.


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Finally there's been some progress.

 

Yesterday the the Financial Controller of Fat Prophets Australia contacted me about settling the claim in installments.

 

They have proposed

1. a settlement deed, that will obtain the agreement amount and timeline.

 

2. the notice to the court of the deed agreement, once the deed is agreed by both parties.

 

I have attached both files which are word documents for someone to please review and let me know if they are fair and reasonable.

Fat Prophets will be calling me this evening to discuss the amount and timeline.

 

The sheriffs called me this morning to ask if I want the enforcement to proceed.

I've asked them to hold off for now as we might have an agreement done soon as the Sheriff's were going to seize their goods today.

 

The sheriffs have said if I enter into an agreement with Fat Prophets they will require their fees which are around £4000 so far to be paid immediately in full.

 

Thanks for the help.

draft Settlement Deed - MF & AE.doc

draft Tomlin Order - MF & AE.doc

Edited by dx100uk
spacing

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you add HCEO fees to what want out of FP I think


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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Hi dx100uk, yes and I have told FP that if we do agree on a payment plan they are responsible for all the HCEO fees and that they are around £4000 so far.

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but that's not in the written agreement that I can see?

just a small point...

 

a tomlin is confidential, should you be publishing this or lets run with its not the final draft so is not relevant yet....:lol:


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They weren't aware of the Sheriff's charges when they did the draft so that will have to be added in along with correct dates and amounts. Do those draft documents seem reasonable in your opinion?

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Update: They agreed to start repaying the money monthly from September last year. So far £14,000 repaid. £6,000 to go. so far so good.

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Thanks for the update


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