Money Claim Online, judgement enforced against ASOS

Absinthe_Fairy

Hi everyone,

To cut a long story short, I ordered some items from ASOS back in the summer and never received them - they were supposedly delivered to my next door neighbour but I've never been able to get in contact with the neighbour despite calling and writing letters, so I don't know if this is what actually happened.

I contacted ASOS on Twitter, Facebook and via email but they refused to refund. (Happy to supply more details if needed - I am trying to keep this initial post short!).

After contacting CAB, I sent ASOS a Letter Before Action by recorded delivery. When I received no response I opened a claim on MCOL. Again I received no response so applied to enforce a judgement. I asked for the money to be paid to me by the end of the year, but surprise surprise, no response.

I'm not sure what to do next. Most of the advice online is directed at individual defendants such as tenants, not big companies like ASOS. Is a warrant of execution the best way forward? The amount of money in question is c. £100, not a trivial amount but not enough in my opinion to warrant paying for legal advice.

Any help or advice gratefully received! :beer:

wealdroam

Towards the bottom of MSE's Small Claims Court Guide there is a section entitled:

I won in court but I still haven't got the money I'm owed, what do I do?

Worth a read I would've thought.

transient

Although you have got your judgement and they would have got a copy at their registered address you gave, I would send an email with a scanned copy to the MD asking them when they intend paying otherwise you will have no choice but to instruct bailiffs.

Granted money will be refunded in no time

Absinthe_Fairy

wealdroam wrote: »

Towards the bottom of MSE's Small Claims Court Guide there is a section entitled:

I won in court but I still haven't got the money I'm owed, what do I do?

Worth a read I would've thought.

Thanks for your reply

I did read it but I thought it seemed to be more focused on individuals rather than companies, so I thought I'd ask here.

Absinthe_Fairy

transient wrote: »

Although you have got your judgement and they would have got a copy at their registered address you gave, I would send an email with a scanned copy to the MD asking them when they intend paying otherwise you will have no choice but to instruct bailiffs.

Granted money will be refunded in no time

transient wrote: »

Send it to Nick Robertson, CEO

[EMAIL="nickr@asos.com"]nickr@asos.com[/EMAIL]

Brilliant idea! Will give this a go, thanks :beer:

transient

Should be fine, always worked for me as CEO never likes to see a CCJ, heads will no doubt roll because nobody bothered to respond in the first place which led to the default judgement. They will have to pay now to have it set aside so will more than likely pay as it will end up costing them more to defend than probably what they owe you.

Let us know how you get on

Computersaysno

iirc you can pay £60[?] and send the high court sheriffs in [the £60 goes on the bill for ASOS.


Big company with assets so you should get your money back easily.

pmduk

Yes, you could instruct high court sheriffs, but personally I'd give the CEO a fortnight to sort matters

steampowered

Contrary to some of the advice you have been given, you can't instruct High Court Enforcement Officers (aka High Court Sheriffs). You can only do this if the amount is above £600.

You can however instruct county court bailiffs through a warrant of execution. This is probably the best way. Although you should try and contact ASOS again first.

Absinthe_Fairy

So I emailed the CEO on Friday morning, explaining the situation and attaching the documents. At around 5 pm, I got a call from a lovely lady who was very apologetic, initiated a refund that very day (including for the £25 I spent to bring the claim) and gave me a 20% off discount code. She said I shouldn't have had to go to all this trouble and they would initiate some retraining to make sure all the CS staff understood what to do if the same thing happens to anyone in future.

Thank you everyone who took the time to reply, and especially transient!

:j:beer::j