Won ADR judgement against footasylum. - Can this be enforced by a court? ***Paid in full after Letter of Claim ***

[jk2054]

Hello,

 

Is there anyone that can advise me on the steps to get an ADR judgement enforced by the court?

 

Thanks

[BankFodder]

Come on, please.

You must realise that we need much more information than this. We are all volunteers with other things to do and you can help us to help you by simply telling us the story so that we don't have to keep on coming back and waste the whole page of posts simply trying to understand what the position is.

[jk2054]

Sorry - I won an ADR against footasylum. They’re ignoring me and ADR. ADR said its legally binding but they cant advise on court process.

[BankFodder]

Yes but we have no idea what ADR service you are using. What are the terms and conditions of the ADR service? Is it something that you both consented to be part of – the ADR process?

Imagine that you are with a mate in the pub and you gave them the information that you have just given us so far in two posts. Do you think that they would understand a single thing that was going on?

Why don't you go to the pub tonight and try it. Just simply give them those two statements that you have made and ask them if they have any idea what you're talking about

[jk2054]

I’m sorry for any confusion.

 

It was 

Retail Complaints | Shop Disputes Online and In-Store | RetailADR

WWW.RETAILADR.ORG.UK

 and its legally binding yes.

 

Its just now a process of going to court. The judgement is done already, it just needs to be enforced 

 

So do I do letter of claim giving them another 14 days (they get 28 by default from the scheme) then file with MCOL

 

[BankFodder]

I'm not going to go through reading the entire webpage that you have linked us to.

I still really have no idea what this is all about.

So to give you a short answer – if this company has agreed to be bound by some ADR process and they are then refusing to abide by the decision – then you can certainly go to the small claims court.
You would cite this ADR decision by way of evidence and although the judge will probably agree with the decision, you should understand that the courts are not bound by ADR decisions and there is no formal route for enforcing an ADR decision unless it is a regulated arbitrator such as the financial ombudsman service.

I have no idea what you mean by the 28 days.

Once again, you are making this all rather hard work and it needn't be

[jk2054]

Sorry ill post a more detailed explanation when i get home

[jk2054]

My apologies for the delay - Yesterday was very Hectic.

I recently made a claim to retail adr (a government approved ADR scheme for retailers in which the decisions are legally binding on the retailer if the consumer accepts the adjudicators decision) for goods that were not delivered.

The case was decided in my favor but the retailer failed to set out the remedy (it was repayment for goods that were not delivered)

In regards to the 28 days, one of the scheme rules is the judgement will become legally binding upon the company. The company subsequently has 28 days to fulfil the directions set by the adjudicator.

The adr stated "Whilst the Final Determination is legally binding on the trader once it is accepted, RetailADR does not have the express power to enforce traders to oblige with our Final Determination. This power is reserved strictly for the Courts."

"All RetailADR Subscribing Members are bound by the final determination of the adjudicator." - This is the term that makes it binding on them as far as I know.

I believe I am right in thinking that the court's job is simply to enforce the already decided case on the defendant so that they pay rather than to make the decision themselves.

I hope this provides some clarity and apologies once again for being so ambiguous yesterday.

[honeybee13]

Are these the people?

Retail Complaints | Shop Disputes Online and In-Store | RetailADR

WWW.RETAILADR.ORG.UK

HB

[jk2054]

yes is them

[BankFodder]

What was the item? What was its value? And how did you pay?

[jk2054]

Shoes - £319 - Debit card (CB denied)

[BankFodder]

As I suggested above, I don't think you can enforce this ADL decision directly – but you can certainly bring a small claim on the basis of the and 99% that the judge will simply rubberstamp the decision and giving judgement.

However, you should realise that this will take a considerable time – six months to 8 months.

As you have this decision and presumably it is in writing, I would get onto your bank immediately and asked the chargeback.

Of course we still don't have a lot of details from you. When did this happen? Meaning the original sale

[jk2054]

Thank you for your response I'll file a letter of claim today.

It happened last november, and so falls outside of the banks chargeback timeframe.

 

[BankFodder]

Keep the letter of claim brief and to the point.

Make sure that when you claim you claim interest

Post a copy here for us to have a look at if you want

[jk2054]

Sorry - Am i eligble to claim interest given that one of the rules of the ADR scheme is that interst cannot be awarded on the claimed amount.

 

[BankFodder]

I would say that you are entitled to claim interest. The no interest rule refers to their own ADR decision and assumes that there is compliance with their decision. Once you go to court, they have vitiated any benefit they have from an ADR decision and the question of interest is at large and I have no doubt that a judge will be happy to award interest on the basis that they have reneged on their commitment to the ADR process.

Also keep a complete detail of the costs you incur. This means in addition to the claim costs. Small claims judgements don't normally award costs but the judge has an exceptional discretion to award costs where it is clear that the court needs to express displeasure.

If you incur additional costs then you are certainly at liberty to asked the judge to exercise discretion. The judge can say no – in which case you haven't lost anything.

 

[jk2054]

Sorry when you say costs what do you mean just so Im clear?

I'm of the understanding that small claims judgements would award the court fees so what else would there be?

 

Thanks

[dx100uk]

2 hours ago, BankFodder said:

As you have this decision and presumably it is in writing, I would get onto your bank immediately and asked the chargeback.

just contact your bank and do a chargeback. 

they cant refuse with your ADR ruling.

dx

 

[jk2054]

Its not possible to do a chargeback as more than 120 days have elapsed.

[dx100uk]

it is 

its a total of 540 days

its 120 days from when you realise you can use chargeback

have you tried?
 

[jk2054]

yes tried and declined because too long elapsed

[Manxman in exile]

@jk2054  -  are you sure the decision is legally binding on the retailer?

I ask because in #8 you posted a quote saying:  "Whilst the Final Determination is legally binding on the trader once it is accepted, RetailADR does not have the express power to enforce traders to oblige with our Final Determination. This power is reserved strictly for the Courts."

What does the bit in bold mean?  Is a decision only legally binding on the retailer once they've accepted it?  I presume this retailer is not accepting the decision and therefroe it is not legally binding?  (I'm asking because I don't understandwhat that bit means)

I note rule 8.6 of the scheme says it will fine members £100 ( ) if they don't adhere to a decision.  Have you asked the scheme if they are fining the retailer and - if not - why not?

If the retailer isn't going to cough up you I think you'll have to sue them.

 

(Out of interest - what was the substance of the complaint?  Goods not received?  Can you explain what happened?0

Edited July 13, 2023 by Manxman in exile

[jk2054]

Yes- “ once Its accepted” references me accepting the adjudicators findings

 

Its not on the retailer to accept, its on me to accept.

 

Ill ask on term 8.6

[jk2054]

Please see attached a LBA.

 

I think it contains everything it needs to, since footasylum are well aware of the situation.

 

If there's anything I should add/remove please do let me know.

Copy of FA letter.pdf