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Messages - lex

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Judgements / Re: Group Enforcement
« on: May 19, 2015, 02:34:59 am »
Is there an update on this?

Been a couple of weeks since the last email. How many people are still required and how close to the target are we? And what is happening with  the law firm?

Small Claims - Step by Step Instructions / General Help
« on: October 30, 2014, 08:10:16 pm »
Hi, great site and useful info, but I have a few other questions hopefully people can help with.

I placed an order with Alpha on behalf of a small group of people where we agreed to a share of the profits. We are looking to get a full refund ideally, and considering court as a more likely option than getting a refund from alpha in full, or as a better option to even trying to get one in part, but want to consider all the options. We are just unsure of a few things. I have read some of the comments about the whole situation and gathered bits and pieces but there is a lot to read through. We are looking for help in clarifying the situation in more detail, in terms of what the current consensus is that has been learned amoungst the community, and would appreciate some advice on how to proceed.

Firstly, have there been any reports of them offering a settlement amount and then not actually paying it after it was agreed to it as a final settlement? I am worried in case we choose the settlement offer and agree as I have read suggestions that this can not only invalidate and legal claim for anything else, but could invalidate a legal claim for anything, and that they may not even need to pay you the settlement offer they just agreed to!

I am worried that if I email and ask them to pay up, and give them chance to respond, by the time they respond (or by the time it doesn't appear they will), it may waste valuable time and by the time a judgement is made, they may have disappeared? Also, I can be pretty sure that they won't give a full refund, so if we are not prepared to accept a partial refund, it is probably pointless to email them first in that respect too isn't it? It would appear to be a risky waste of time in that sense/

So therefore, we would prefer to just go straight to the small claims court, however we are worried there may be a requirement to try and resolve the matter with them directly first (i.e email them and given them a chance to pay up)? Could it invalidate a claim by not asking them for a refund first and giving say a week for them to pay? Is a week even long enough or is that generous do you think?

Also, has anyone explored the possibility and advantages/disadvantages of going to the financial ombudsman, rather than the small claims court?

Have their been any reports of Alpha NOT paying the money AFTER a court ruling? Has anyone had to resort to debt enforcers? This is where it gets a bit more worrying.

Have their been any reports of Alpha contesting claims, the grounds on which they tried to, and whether or not they were ever successful? Anything to watch out for?

Also, we/I paid by bank transfer. All anyone talks about on here is credit card payments, bitcoin, and paypal. What about those who paid by bank transfer? Are we in different situation? Obviously you can't reverse it the same way as a credit card payment I wouldn't have thought, but can you reverse a faster payment or BACS transfer if you didn't get what you paid for as an alternative (or quicker option) for getting money back? Could it cause problems in court having paid this way?

Finally, our claim, like many I would imagine, is for £1,635. However, it costs considerably more to claim over £1,500 with no guarantee to get the extra you paid to take the matter to court back from Alpha, (or do you get that back from the court it's self when you win?). So we were considering maybe just claiming £1500 instead as it is below the threshold. Could this cause some problem?


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