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Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.
In short yes.
You should write to the building society and ask for payment within 14 days or say you will go to Court. Make sure you send this recorded delivery and keep a copy.
If they fail to make payment then you can issue proceedings. You either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and taking it to your local County Court. The Court will then issue the claim and the building society will have a limited time to defend it, otherwise you can enter Judgment and enforce.
If they defend the claim then the matter will be set down for a hearing. You can then show the Judge the Ombudsman decision in your favour.
If the claim is for £10,000 or less it would be a small claim and you do not need legal representation.
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