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

[jk2054]

Hello,

 

Is there anyone that can advise me on the steps to get an ADR judgement enforced by the court?

 

Thanks

[jk2054]

Sorry - I won an ADR against footasylum. They’re ignoring me and ADR. ADR said its legally binding but they cant advise on court process.

[jk2054]

I’m sorry for any confusion.

 

It was 

Retail Complaints | Shop Disputes Online and In-Store | RetailADR

WWW.RETAILADR.ORG.UK

 and its legally binding yes.

 

Its just now a process of going to court. The judgement is done already, it just needs to be enforced 

 

So do I do letter of claim giving them another 14 days (they get 28 by default from the scheme) then file with MCOL

 

[jk2054]

Sorry ill post a more detailed explanation when i get home

[jk2054]

My apologies for the delay - Yesterday was very Hectic.

I recently made a claim to retail adr (a government approved ADR scheme for retailers in which the decisions are legally binding on the retailer if the consumer accepts the adjudicators decision) for goods that were not delivered.

The case was decided in my favor but the retailer failed to set out the remedy (it was repayment for goods that were not delivered)

In regards to the 28 days, one of the scheme rules is the judgement will become legally binding upon the company. The company subsequently has 28 days to fulfil the directions set by the adjudicator.

The adr stated "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."

"All RetailADR Subscribing Members are bound by the final determination of the adjudicator." - This is the term that makes it binding on them as far as I know.

I believe I am right in thinking that the court's job is simply to enforce the already decided case on the defendant so that they pay rather than to make the decision themselves.

I hope this provides some clarity and apologies once again for being so ambiguous yesterday.

[jk2054]

yes is them

[jk2054]

Shoes - £319 - Debit card (CB denied)

[jk2054]

Thank you for your response I'll file a letter of claim today.

It happened last november, and so falls outside of the banks chargeback timeframe.

 

[jk2054]

Sorry - Am i eligble to claim interest given that one of the rules of the ADR scheme is that interst cannot be awarded on the claimed amount.

 

[jk2054]

Sorry when you say costs what do you mean just so Im clear?

I'm of the understanding that small claims judgements would award the court fees so what else would there be?

 

Thanks

[jk2054]

Its not possible to do a chargeback as more than 120 days have elapsed.

[jk2054]

yes tried and declined because too long elapsed

[jk2054]

Yes- “ once Its accepted” references me accepting the adjudicators findings

 

Its not on the retailer to accept, its on me to accept.

 

Ill ask on term 8.6

[jk2054]

Please see attached a LBA.

 

I think it contains everything it needs to, since footasylum are well aware of the situation.

 

If there's anything I should add/remove please do let me know.

Copy of FA letter.pdf

[jk2054]

Thanks - I've made some very brief edits as suggested as well as including references to what actually happened.

 

For clarity - they claim to have delivered 4 orders all on the same day at the same time and I received 0 of them (I have CCTV that shows this)

Please do let me know if you think there is anything else I should add/remove/change.

FA POC 2.pdf

[jk2054]

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.

 

 

[jk2054]

ok im just going off what ADR said.

 

They told me the decision was made and the court is simply used to enforce it.

[jk2054]

you can close this thread thx

[jk2054]

Update (in case anyone finds in similar situation)

 

After a LOC was sent, they called and made payment immediately and paid interest on the amount.