Sainsburys failed delivery - raised court claim won - now warrant issued - ***SOLVED****

[robert_harper_2000]

I thought I had posted this but I can’t find it on the forum.

 

placed an order with sainsburys. Nothing arrived. Asked for a refund they said no order on their system. I asked bank to refund it but they said no as I didn’t have an email confirmation. It’s on my bank statement. I started a court claim and got a judgement by default. Sainsburys ignored it. Issued warrant and bailiffs. They have ignored it. Phoned the court and the phone just rings out. How can Sainsburys not pay it and now I’m out of pocket for the order for the court claim and the warrant. Any ideas.?

[BankFodder]

When I saw this story I thought that the solution would be extremely easy but having slept on it overnight, I find myself scratching my head as to what to do.

I'd certainly like to know the entire story. It's amazing to me that Sainsbury's apparently lost your order. It's amazing to me that you have apparently issued a claim against Sainsbury's and they have failed to respond. It's amazing to me that you then instructed county court bailiffs and they have failed to enforce the judgement – although it speaks volumes for the enforcement abilities of county court bailiffs.

I think you have probably better lay all out for us to see precisely what has happened and then maybe we can come up with an idea.

[robert_harper_2000]

Sure 

 

Your judgment against SAINSBURY'S SUPERMARKETS LTD was issued on 22/11/2018 at 19:12:39

You submitted warrant 0A897568 against SAINSBURY'S SUPERMARKETS LTD on 20/12/2018 at 11:09:21

Your warrant 0A897568 against SAINSBURY'S SUPERMARKETS LTD was issued on 21/12/2018 at 19:12:17

 

I've emailed the bailiffs and no reply. I phone the court and if anyone does answer they just say it is the bailiffs that deal with it. Someone at the court said they will try three times and then thats it. If they don't get an answer they won't do anymore. I asked if they had attended three times or not and she couldn't say. 

 

 

[robert_harper_2000]

includ court fee and warrant fee is only £247.64

 

But how can they just not pay it ? Can I take the court to court? lol I've paid for a service and not got it

[BankFodder]

I suppose the only other thing to do is to consider starting a bankruptcy proceeding against them. Sounds very over the top and I have no idea how it's done – but I would have thought that it would move them.

The only explanation I can think of is that maybe you didn't issue against a correct address and the enforcement hasn't been carried out against a correct address either.

What with the goods and how did you pay?

[robert_harper_2000]

I used webcheck to get the head office address and checked the name was exactly right

 

Sainsbury's Supermarkets LTD

33 Holborn 

London 

EC1N 2HT

 

I used my Monzo debit card and the original amount was £145.64. I didn't claim for interest as I assumed they would pay up quick. Wish I had now as this has been ongoing since October / November. 

 

Monzo said they won't do anything without an invoice but I didn't have an email confirmation as it never came through. 

 

I would be happy to do the bankruptcy petition. But not sure exactly how I would go about it.

 

The court did say it can take 6 weeks or more and that December they won't work over Christmas as it isn't nice to do it at that time of year. But the warrant is dated 21.12.2018... we are now 04.04.2019!

[BankFodder]

Well I'm not too sure how to be helpful on this one. I'm really quite stumped.

I think that a bankruptcy petition would be a good start and if you can find out how to do it and maybe link us to a source of information and that would be very helpful. Also I think that you should write a letter of complaint to the Ministry of Justice and copy it out to the County Court bailiff as well.

 

[unclebulgaria67]

 

Is this not suitable to be elevated to High Court enforcement ? Thought for Bankruptcy that the threshold for this was much more than the CCJ amount being discussed here. 

 

But before you do this,  i think you should contact Sainsburys customer services number and ask them to 1) register a formal complaint with their head office and 2) ask them for the address of their legal department that would deal with a Court judgement against Sainsburys.

 

Once you have Sainsburys legal department address, then send them a copy of the Court judgement and details of the payment you made plus the order details that was not processed.  Tell Sainsburys that unless they pay you the judgement £x in additional costs you have suffered since, that you will elevate to high court enforcement. 

[BankFodder]

High Court enforcement threshold is £600 – unfortunately. Is that what you had in mind?

[unclebulgaria67]

Yes. Forgot there was this threshold for high court enforcement.

 

I think getting Sainsburys customer services to confirn their legal department address would be next step. I suspect they would deal with paying off any CCJ''s.

 

my personal experience with Sainsburys online has always been excellent. Orders online are confirmed immediately by email and you get regular updates on delivery.  If the OP correctly entered their personal information on Sainsburys site,  I am very surprised there has been a problem.

 

I do hope that the OP has not responded to a fake email that was not from Sainsburys and they have gone on to place an order/make a payment on a fake site. 

[robert_harper_2000]

Yeah I did look at high court but the charges are too low. I’ll call Sainsburys now and ask for legal department.

[robert_harper_2000]

No one seems to know who to speak to or who to transfer me too. I don’t think they seem to have a legal department... 

[robert_harper_2000]

I have managed to get through to someone and they said they hadn't received. The court papers or the warrant .... they would normally ask the court for a stay - but they would on this occasion prefer to settle it. They will send a cheque in next few days.

[BankFodder]

Good well done.

I'm sure that's the explanation although why the claim didn't come to their notice is really quite a mystery.

Do keep us updated and let us know that you've got the money.

[robert_harper_2000]

thanks for your support

[BazzaS]

The CCJ will have gone onto the register by now, so if Sainsbury’s really were unaware they may well want to get it set-aside for them

a) to settle, without

b) it remaining on the register.

 

likely they would succeed with a set-aside and re-hearing (but they’d still have to settle) if you didn’t agree, so if they raise this, agree a non-contested set aside provided they pay all the costs, including a small payment for your admin time.

Edited April 5, 2019 by BazzaS

[ericsbrother]

there is another way,

you fill out a court form to get the CEO of Sainsburys to attend you local court for an oral examination.

 

this is a set series of questions about the company's ability to pay the debt  asked by a court official that you can attend and add further questions in writing to the normal list BUT if the named CEO or director doesnt attend they will be hauled off to jail for contempt of court.

It costs £60.

 

I would find the CEO's email and let him know that the debt is owed an this is the course of action you intend to tke regardless of any request to set aside the existing CCJ.

 

If you dont get the cheque consider this.

[robert_harper_2000]

cheque received. Thanks everyone

[BankFodder]

This is great news. Well done and also thank you for keeping us updated.

What a nuisance that you had to go through all of this.

[dx100uk]

glad cag helped you

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dx