Took a company to Small Claims Court. Now they won't pay CCJ.

[Oblomov22]

Please can you offer advice on what to do next. I paid a company for braces for my teeth. They then said they couldn't do it because my teeth were too complicated. Weeks and 10's on emails refused to give me a refund, offering me a totally different service I didn't want. They then agreed a refund verbally. Then when I emailed, they with-tracted the offer, denying the verbal agreement the day before. I threatened small claims court.

I did the claim, online, It cost me £70. Told them. Told them they now owed me say £1000 + £70, £1070. They then said they would pay. Me, not the court bit. But only if I stop the small claims court case, which I refused to do because I said they were untrustworthy and they had already retracted on one of their offers to refund before.

If that seems odd. If you think I did the wrong thing please understand that they had promised to pay before, and if I did stop the court claim and then they didn't pay, I would've been left with absolutely nothing, from there I would've had to start a new small claims all over again.

They didn't pay. So in small claims the next step is to issue CCJ. Which I did. They didn't pay.

So now I have to choose the next step. Go to court. Issue bayliffs. Both going to cost me a lot more. I don't think I can recover those costs can I?

Irritatingly the court case online say that it now stops being online and will be sent via post and it's all done by post from now on. Seems archaic! No online, no traceability now.

The letter which I haven't yet received so I don't know what my options are, how much it cost to pay to go to court, or how much it costs to order the bailiffs to collect my money. and I'm assuming like I say that neither of these costs are recoverable. Is that why the company is doing this?

I just wanted to say I made the exact same mistake as you and duplicated my claim a few months ago. The website is not clear atall and that’s the first link it takes you to. I felt quite silly when I did it but hearing you did actually makes me feel better (sorry)!

unfortunately ours did not result in anything back for us as the person we were claiming against gave us a false name and then moved.

Assuming the court is serving the papers but nobody is in the building, then yep I doubt anyones picking it up. If you have any form or contact info, I'd let them know what's happened and give them an opportunity to pay before you go to bailiffs. (Once you've got the CCJ).

I am in regular emial contact with them. And phone. I have kept them updated at every stage.

As I said before: After a lot of to-ing and fro-ing ages ago their customer services manager Stephen agreed to give a full refund for the original amount and the scans total of £795.

The next day when I put that in writing it was refuted this ever been agreed verbally!

So I threaten them with small claims and then I did small claims and I told them so and then I said I was going to send CCJ and I sent them a copy of all the court documents.

They then sent many emails I have a lot of proof emails saying please close the court case and then we will refund in full.

So at least I now have evidence of them saying that they will refund in full. But they said they would only refund in full if I close the court case.
Which I obviously refused to do because they had already agreed a refund and then backtracked before.

A few days ago the resolution team came back to me Telling me they're refund policy didn't apply and they weren't going to give me anything so going back on what they had previously said in agreeing to give a refund there no backtracking once more.

I have looked up the refund policy and it says that if they say they can't provide the service then you get a full refund.

I think that applies. But now I thought about it again I assume that this is the angle that they're going to try and take.

I paid for top and bottom. but they eventually said my bottom is so bad it couldn't be done I needed a metal brace. But they will claim that they have offered me an alternative service because they said for the same price they were doing my top.

Obviously I don't want that the bottom is worse so I want that done but really I want both done.

I can't see how the service they're offering me is comparable it's like having a broken leg and then them offering to mend your arm!

But they'll probably claim that they've offered me a service and therefore the
refund policy does not apply.

Sorry to hear that squirrel did the same thing. The email from small claims is very misleading.

And the link then suggests using MCOL. Which if you'd already started a small claims why would you then need their service? It's not clear.

It sounds to me like they are on the verge of bankruptcy.

Hope you get your money back. Credit card route may work better.

)As per your advice, above, I clicked on Money claims online. MCOL. A government agency. I paid another £70. I rang them today. 0300 123 1057. He said I shouldn't have done that, and I have now duplicated my claims and I have 2 cases going on. He said I now have a new 'County Court Business Centre claim number. He said I need to ring small claims to find out why CCJ hadn't been issued. Then discontinue my case with MCOL. Which will cost me £108.

It's false that you need to pay a fee and file an application to discontinue the error claim, you can just send a letter or email with the new claim number and stating it was an error and you wish to discontinue it. I'd also file an official complaint with MCOL about the website being crap and ask for your issue fee back that way.

Absolutely do this.

My CCJ was finally issued today. 13th sept. Took 6 phone calls and a complaint to get it. It should have been issued on 18th August.

I've emailed them it. If mine could take days in the post then presumably theirs could also take days in the post.

plus I now know that they're registered office is just an empty building so I thought it best to email.

I just got the money back from my credit card aswell. So that's good.

Surely you can't recover the same money twice?

No, you can't. If OP has received the money from her credit card provider, she cannot enforce the CCJ.

Good to see you got the money back op.
This obviously doesn't help you but when I was a teenager I went for a job interview to a company offering lazer teeth whitening and braces. I thought I'd just be interviewed for an admin role but no this company seemed to have rented a room in a random office space. They told me id got the job to do the whitening and braces myself. The interview was 2 minutes long no lie. I had absolutely no experience. Crazy. Of course it was a scam company and I didn't take the job but I bet they fleeced loads of people out of money. I reckon they wanted to hire me to make it look like a legitimate company with employees. Loads of these scams about. Awful. Id never ever pay a company like this. Always go through a legitimate dentist surgery.

Well I got the original amount. There's still court fees. Which CCJ allows. So I'll leave the CCJ in place and see if they pay the £70.

Feel free to dm me. I work for an enforcement company