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Can you take courts to court??!!
Comments
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Surely you kept a copy of the form?0
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Can you take the small claims court to court?:D0
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For the record, here's the earlier thread.
Don't know why we have a new thread though.
Yes, that question was asked before... but not answered then.tomjonesrules wrote: »Surely you kept a copy of the form?0 -
Thanks wealdroam..
I'll merge the two threads now.Hi, I'm a Board Guide on the Old Style and the Consumer Rights boards which means I'm a volunteer to help the boards run smoothly and can move and merge posts there. Board guides are not moderators and don't read every post. If you spot an inappropriate or illegal post then please report it to forumteam@moneysavingexpert.com. It is not part of my role to deal with reportable posts. Any views are mine and are not the official line of MoneySavingExpert.Never ascribe to malice that which is adequately explained by incompetence.DTFAC: Y.T.D = £5.20 Apr £0.50
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If you credit check your local courts, you will be surprised to see they are registered as a trading entity and will already have several CCJ against them.
They are not all they appear, lets put it that way.
If this is true, would you enforce the CCJ in the same way as any other company/individual? And if so, i'm surprised i've never read anything in the press about baliffs seizing goods from the courts.0 -
OP - did you lodge a formal complaint with the court?
When you sent in the duplicate claim form did you also detail when the original cheque was paid to them and cashed?
They will need these details to be able to track the payment through their accounting system. Whatever happened to the original cheque there will be a paper trail to track it - you just need to make sure that the court has enough information to know where to start looking for it (bear in mind how many cheques each court receives in a day).
meer53 - there is no point in going to the ombudsman until the OP has exausted the court's complaints procedure - they'll only be referred back to the court otherwise.
arcon5 - yes, the courts are not immune to enforcement proceedings. However, the Treasury Solicitor normally ensures that any judgments are paid fairly quickly to avoid this.0 -
OP - did you lodge a formal complaint with the court?
When you sent in the duplicate claim form did you also detail when the original cheque was paid to them and cashed?
They will need these details to be able to track the payment through their accounting system. Whatever happened to the original cheque there will be a paper trail to track it - you just need to make sure that the court has enough information to know where to start looking for it (bear in mind how many cheques each court receives in a day).
meer53 - there is no point in going to the ombudsman until the OP has exausted the court's complaints procedure - they'll only be referred back to the court otherwise.
arcon5 - yes, the courts are not immune to enforcement proceedings. However, the Treasury Solicitor normally ensures that any judgments are paid fairly quickly to avoid this.
The OP's original complaint was against Barclays, surely once this got to court, someone would have asked them why they didn't allow Barclays to resolve the complaint before court action ? If Barclyas didn't resolve and they had gone to the FOS, there probably wouldn't have been any need for court action.0 -
If you credit check your local courts, you will be surprised to see they are registered as a trading entity and will already have several CCJ against them.
They are not all they appear, lets put it that way.
I couldnt agree more, that these buildings (Courts) are nothing more than places to conduct business...its all an illusion. ( TPUC )0 -
Why DIDN'T you go to the ombudsman ?
Hi - the courts ombudsman or the banks? Banks one is useless, everyone knows that they side with the bank after waiting nearly a year. Thought court would be quicker.... until they lost the papers!
We did resubmit it, they were sent back, then had to make complaints and sent them in again, court saying they will honour it but still have no record of the money, despite the bank now saying otherwise0
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