News:

SMF - Just Installed!


Show Posts

This section allows you to view all posts made by this member. Note that you can only see posts made in areas you currently have access to.


Topics - CryptoDevil

Pages: [1]
1
Success Stories / Successful recovery of all funds and legal costs
« on: October 12, 2015, 01:46:48 pm »
As the title says, I recently received payment by bank transfer of the full amount of the court judgement. After the deadline, but before the enforcement agency had to actually get serious.

The process went like this:

March: Engaged LPC Law (Small Claims Solicitors - Andrew Morgan is the contact person 'Andrew dot Morgan at smallclaimssolicitors dot co dot uk')
'Letter Before Action' sent to Alpha and they are given 14 days to respond, which they did by writing back claiming that there was no 'right to a refund' as per their T&C's, to which we responded by pointing out that we weren't exercising our rights under their T&C's because we had already rescinded the contract due to Alpha's failure to deliver anything.

April: Claim form drafted, issued, served and certificates of service filed with the court.

May: Asked, if needed, whether I'd agree to mediation, said I would on the basis that it always looks better to the courts to show that you were willing to settle the matter amicably before it gets to a court hearing. Nothing came of it though.

June: Manchester Court advises of hearing dated for August.

July: Witness statements prepared and filed

August: Judgement awarded against Alpha for the full amount owed plus interest and my costs. Alpha given two weeks to pay.

September: Deadline passes. I immediately contact DCBL (http://www.dcbltd.com/high_court/ccj/) and sign the form to 'Transfer Up' the judgement, who send Alpha a Notice of Enforcement that day, which results in me receiving an email a couple of days later from Alpha stating they are now ready to make the 'refund', to which I point out that it will need to be for the full judgement amount, just in case they tried to make it solely for the original amount only.

A few more days pass and there is no sign of any money. I suspect they may be stalling for time so I email them and explain that I have no reason to believe them and will continue with the enforcement unless the funds are received immediately, to which they claim it has been sent.

DCBL then make a visit to their, what turns out to be, 'Virtual' office at Aviator way, leaving a copy of the Writ for Alpha on 30th September.

Less than a week later the full amount arrives in my account. Job done.










Pages: [1]