Frustrated - Nobody seems to be able to help - FOS

treenie01

I apologise if this is in the wrong place, please move it if it is.

Basically we took a company through the financial ombudsman. After 18 months of delays we finally got a final decision which awarded us our money back plus compensation.

However, the company now won't pay it. We have been told to go through the small claims court to enforce the decision. To me this seems like going over all the stuff we already have especially as it has now been 2 months since the decision was made.

I've been told this process will take at least 2 months before we can then apply for bailiffs.

Is this true. Am I doing the wrong thing. Please can someone help as it's making me so depressed that after all this time we still could be out of pocket (and even more so if we have to pay extra court fees).

tomtontom

Yes, that is correct. Does the company have the assets to pay you? You need to establish this before going any further.

treenie01

tomtontom wrote: »

Yes, that is correct. Does the company have the assets to pay you? You need to establish this before going any further.

How do we find that out? This is a debt management company who have recently sold their client base

treenie01

Plus I don't understand why we have to go through the small claims process if they have already been ordered to pay the money

lincroft1710

A judge can decide in your favour at a small claims court, it won't guarantee you getting your money.

treenie01

But we already have the financial ombudsman's decision in our favour so surely we don't have to go all the way through the courts again to get the same thing and delay getting our money even more

tomtontom

treenie01 wrote: »

How do we find that out? This is a debt management company who have recently sold their client base

Look at their accounts on Companies House? Although they may not accurately reflect the current picture, a lot can change in a short time. If they have sold their client base are you sure they are still operating under the same company name?

treenie01 wrote: »

Plus I don't understand why we have to go through the small claims process if they have already been ordered to pay the money

The FOS do not have individual enforcement powers - but the court will enforce their decision (or at least give you a decision that bailiffs can then enforce).

tomtontom

If it is Grassroots you are searching for, they are now called "Debt and Claims Ltd". Companies House shows them as having capital of £400 in May. That is not to say they do not have more, but that is what has been declared. How much do they owe you?

treenie01

£4123.47 (roughly including interest)

tomtontom

treenie01 wrote: »

£4123.47 (roughly including interest)

On the information given, I don't believe you will see that money again. However there is a long thread on the subject on Legal Beagles, they may know more - have you posted there?

treenie01

That's what I'm worried about. They have dragged this matter out for nearly 2 years. The FOS had to chase them all the way through for information etc and even once the decision was made in april they still didn't respond.