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

[BankFodder]

First of all it is a decision and not judgement.

Second of all, when you sue you will need to sue in respect of the original transaction of which you have told us nothing so far. However you will need to rehearse the facts of the original transaction very briefly in your letter of claim. And then go on to refer to the ADR decision and the fact that they have breached that as well.

 

[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

[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

[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.

 

 

[BankFodder]

I'm afraid you are wrong. You don't understand the court process.

Stand by for a further reply tomorrow

[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.

[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

[dx100uk]

footasylum - Find and update company information - GOV.UK

FIND-AND-UPDATE.COMPANY-INFORMATION.SERVICE.GOV.UK

---

Free company information from Companies House including registered office address, filing history, accounts, annual return, officers, charges...

 

[BankFodder]

9 hours ago, Manxman in exile said:

Courts enforce the law 

Sorry but this is not correct

  

9 hours ago, jk2054 said:

The legally binding decision has already been decided, the court are just enforcing it.

 

Neither is this

  

9 hours ago, jk2054 said:

ok im just going off what ADR said.

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

Where did they say this?

[BankFodder]

Firstly, the courts do not enforce anything. They simply make a judgement on the state of the law in relation to a particular dispute/the obligations of the parties to the dispute and that judgement is sufficient to authorise enforcement process – if enforcement becomes necessary.
In fact even that may not be strictly true. It may be better to say that they make a judgement as to the state of the parties in relation to each other in the light of the current applicable law.

Secondly, the OP has badly misunderstood the status of the ADR service that they have used – and everyone else in this thread seems to have gone along with that.
The ADR service has not been approved by "government" as has been claimed by the OP in the sense that it has been set up and regulated by government and that its decisions are binding. The ADR service is simply "smiled upon" by various organisations – but it has no official status in our legal system.
The courts will not directly approve the decisions of the ADR service – although I am quite sure that the ADR decision will carry a lot of weight when a judge makes their decision.
The ADR decision is only binding on the parties to the dispute to the extent that they enter into a contract to respect the decision and so the obligations of the company are contractual – nothing more than that.

You might as well buy something from a car dealer – the car dealer's obligations to you are contractual. It's no different.

When you take this dispute to the courts, the existence of the ADR contract – the fact that the company has apparently entered into the ADR contract – can be presented to the court as evidence of a binding obligation – but you will also need to allege and then prove the facts of the initial dispute which gave rise to the ADR.
A judge may decide to give direct effect to the ADR decision – but probably not without understanding what the entire dispute was about. It is impossible that the ADR service could usurp the position of the court.

Therefore your letter of claim should refer to the initial dispute in the first instance and then to the ADR process and the contract obligation that arose from that.
You have told us that the ADR decision does not award interest. I have already responded that by ignoring their contractual obligation under the ADR agreement, they have effectively vitiated any benefit of going to an ADR process and the question of interest is at large once the matter goes to court and you obtain a judgement.
There is a risk that if you simply try to get a decision based on the ADR decision, that the judge might feel that contractually there was no entitlement to interest.
For that reason, you should certainly be litigating on the basis of the initial dispute.

Once again, you seem to be reluctant to let us know what has happened. This is unhelpful to us, to you – and in particular to anybody else who is similarly affected and comes to this forum for information.
The only party that you are helping by withholding information are in fact the company that you are up against – so Bravo.

You really should tell us more. We aren't asking you to show us your willy.



 

[jk2054]

you can close this thread thx

[dx100uk]

it remains for all users.

 

d

[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.

[BankFodder]

That sounds like a great result – even interest! We wouldn't have expected that.

Well done, and we have just received a donation from you saying thank you for that as well.

[dx100uk]

well done

 

dx