Enforcing an FOS's Final Decision at County Court using Form N332A***Resolved***

[AndyOrch]

Many thanks for the update.....if the court has already served the order why do you wish to send a further copy ?

[BankFodder]

Why do you need to wait 14 days? Is there some rule or is that what is written on the order?

 

Yes, you should go through the transfer up procedure as soon as you can. Most HCEO do a no win no fee basis and charge you a basic £60 or so. However do double check that this is the deal because there may be one or two is still will try to reclaim fees from you if the enforcement fails. Enforcement fees are extremely expensive – possibly a couple of thousand pounds.

[Danish Pensioner]

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......

[AndyOrch]

I suppose there no harm emailing them a further copy....in case they say they didnt get the courts copy.

[ericwsy]

It does help alot.

 

I got the same case which is lloyds insurance ( lloyds bank group), had emailed to António Horta Osório, however, he passed it to the another executive complaint manager with no-sense which she asked me talking to FOS, not them.

 

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?

[ericwsy]

May I know which court you are using? I am doing the same thing against the insurer who ignored my case, and not pay me the money.

[AndyOrch]

Its irrelevant which County Court it is..the process is the same for all County Courts.

[Danish Pensioner]

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?

[BankFodder]

I'm sure there is a way that you can lodge an objection to the dissolution – although somebody else will have to come on here and tell us how to do it.

[AndyOrch]

https://www.gov.uk/object-to-a-limited-company-being-struck-off

[Danish Pensioner]

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.

[AndyOrch]

Delighted for you and pleased you have managed to resolve this.

Thread title updated to reflect the outcome.

Please consider making a Donation to the forum so we can continue to advise others.

Well done 

Andy

[Danish Pensioner]

Thank you. I already made a donation using paypal .

[AndyOrch]

[honeybee13]

Well done, I'm pleased you got there.

 

HB