I have blogged about this before here. Enforcing an Ombudsman’s decision in court is necessary when the company does not do or pay what the Ombudsman has decided or awarded.
This is particularly so in these times where the financial sector is coming under more scrutiny and criticism than ever (and rightly so in my view!).
If the Company is delaying or refusing to pay you what the Ombudsman has awarded or starting to negotiate new terms for payment (eg instalments), you DO NOT have to accept their terms.
This applies to both consumers and businesses.
Take steps to enforce the award through the courts. You will need to have the Financial Ombudsman’s award “converted” into a “court order”. You do this by applying to your local county court using one of 2 forms.
Which Form Do I Use?
Use Form N322A when the court’s permission may be required eg if the Ombudsman’s award is conditional on one of the parties taking certain steps.
Use Form N322B where your award is a sum of money or a figure to be worked out using a formula set by the Ombudsman and no permission is required. There is currently no fee required for making such application.
I Have a Court Order What Do I Do?
You can enforce a court order for a sum of money in several ways, which I will cover in a separate blog.
There may be fees for these steps eg instructing the bailiffs using a “warrant of control”.
Whilst you could do this yourself, it can be complicated and drawn out.
If you would prefer to ask for help with this call Nick, a solicitor on 01925 759 510 for a free initial view on your claim.