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

[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

[Manxman in exile]

I don't think you are suing them to enforce the ADR decision.

You are suing them because under s29 of the Consumer Rights Act 2015 (legislation.gov.uk) the goods remain at the seller's risk until they are delivered into the physical possession of the consumer.  That means that you are entitled to a full refund for any goods you have paid for that are never delivered to you.

You are basically making the same case that you must have made to the ADR service for them to find in your favour...

[You can mention the ADR decision in support of your case, but the legal substance of any court claim you make is based on the law as outlined above, not on the ADR decision itself]

 

Edited July 13, 2023 by Manxman in exile

[Manxman in exile]

24 minutes ago, jk2054 said:

I don't agree.

As far as I'm aware, I'm not asking the court to make a decision. I'm asking the court to enforce a decision. The legally binding decision has already been decided, the court are just enforcing it.

 

Courts enforce the law - they don't enforce ADR decisions except incidentally insofar as those decisions align with the law.

If the retailer won't cough up you will be suing them because they have breached s29 of the legislation I linked to above, not because they haven't complied with some ADR decision.

So you don't need to look it up:

"29 Passing of risk

(1) A sales contract is to be treated as including the following provisions as terms.

(2) The goods remain at the trader’s risk until they come into the physical possession of—

(a) the consumer, or

(b) a person identified by the consumer to take possession of the goods"

What this means is that the goods remain the responsibility of the seller until they have been delivered into your "physical possession".  If they are never delivered to you, you are entitled to a full refund.  That's what will form the basis of any legal claim you make, and I don't think it will do any harm to make that clear in your letter before claim.  It makes it look like you know what you are talking about, which always helps...

At the same time it can't do any harm to remind the retailer that they have already lost the ADR decision - but I don't think that is the main plank of your case.

Was the legal position not covered when you prepared your ADR complaint?

Anyway, see what @BankFodder suggests tomorrow regarding the content of your letter before claim

[NB - I was in the middle of editing my post #28 when you replied to the unedited version with your post #29]

Edited July 13, 2023 by Manxman in exile