Frustrated - Nobody seems to be able to help - FOS

treenie01

i'm the one who has made the thread so long. it's the same issue.

treenie01

So do you think it's a waste of time going to court then.

Birdie20

Who told you to go through the small claims? Have the ombudsman chased up the payment for you? I would give them a call and ask what your options are. They should be able to advise you what to do next.

bris

Birdie20 wrote: »

Who told you to go through the small claims? Have the ombudsman chased up the payment for you? I would give them a call and ask what your options are. They should be able to advise you what to do next.

Court is the only option, the op needs to go to court to uphold the ombudsman's decision, its an instant win they don't have to prove anything again the court automatically upholds the decision.. The ombudsman can not do anything else apart from report them to their regulator.

tomtontom

treenie01 wrote: »

So do you think it's a waste of time going to court then.

I think you need to get some more opinions, preferably from people that know more about the background of the company. They may know more about what assets they may have.

treenie01

bris wrote: »

Court is the only option, the op needs to go to court to uphold the ombudsman's decision, its an instant win they don't have to prove anything again the court automatically upholds the decision.. The ombudsman can not do anything else apart from report them to their regulator.

Court is definitely the only option. It's just from how the court told me today I need to do it as if it is a brand new case which can take up to two months before I can take enforcement action. I just needed to know if that was correct

tomtontom wrote: »

I think you need to get some more opinions, preferably from people that know more about the background of the company. They may know more about what assets they may have.

From what I understand (from the only letter we have received from them) they are selling the debt management side of the company. However, someone put on here that the whole company are about to go under. I'm not sure how I would find out more about the company.

quaybab

Well county court bailiffs take ages so I believe but high court enforcement is much quicker (i.e. for judgement is for £600+).
See http://forums.moneysavingexpert.com/showpost.php?p=65864118&postcount=12
Please let us know how you get on and document the process for others.

I would ring around a few courts until you get the same answer/advise twice.

treenie01

I've been told that I can't use high court bailiffs, it has to be county court because of the amount (having said that I've been told so many different things I have no idea what is the case)

quaybab

£4123.47 is more than £600.
Perhaps speak to on of these:
http://www.justice.gov.uk/downloads/courts/enforcement-officers/enforcement-officers.pdf
The court may be trying to retain business ?

treenie01

No the Court have said that I have to go through the whole money claims thing to be able to get into a position to be able to get to enforcement. Like I said I seem to get told something different everytime I speak to someone about it so I'm still no nearer as to what I'm supposed to do