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Jamie-Law
Jamie-Law, Solicitor
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Experience:  Solicitor
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I somehow lost a case at arbitration where a sub contractor

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I somehow lost a case at arbitration where a sub contractor failed to complete and subsequently charged more than their original quote and has been awarded his claim even though it was agreed by the arbitrator he failed in all of his duties or to perform in a diligent manner.
Can I argue my case elsewhere and how would he claim / enforce getting his monies from myself
Submitted: 10 months ago.
Category: Law
Expert:  Jamie-Law replied 10 months ago.

Hello my name is ***** ***** I will help you with this.

Was the decision of the arbitration binding on both parties please?

Customer: replied 10 months ago.
I don't know the answer to that as all has been dealt with through our solicitors whom are now not responding to us we feel because of the errors they have made, they claimed they where asking a barrister to look at it to possibly set aside although we now cannot get a response
Customer: replied 10 months ago.
Can he just send someone round to collect or is there a procedure he has to go through
Expert:  Jamie-Law replied 10 months ago.

Did you have an Arbitration agreement? It would usually say so.

In short, if the agreement says its binding then there is nothing you can do.

If the agreement is silent, or does not mention it, then you can pursue through the County Court.

You need to write and set out your losses and request a refund/compensation within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-eng.pdf and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.

But you can only do this is the Arbitration is not binding.

Can I clarify anything for you about this today please?

Customer: replied 10 months ago.
Are you saying we pursue through the county court for our disagreeing with the arbitrators decision.
If it was binding how does it get enforced
Expert:  Jamie-Law replied 10 months ago.

You can. If it was binding then they can transfer the decision to a Judgement and they can enforce it by bailiffs, bank freeze order, charge on house etc

Does that clarify?

Customer: replied 10 months ago.
How do they transfer to a judgement
Expert:  Jamie-Law replied 10 months ago.

They make an application, its not a difficult process.

Then it can be enforced.

Does that clarify?

Customer: replied 10 months ago.
How long does the application process take and do we get to defend it
Expert:  Jamie-Law replied 10 months ago.

You can't - there is a decision. Unless you challenge THAT decision, the Judgment can be enforced.

The court wont go behind the decision of the Arbitration.

That is why you need to check if it is binding. If the answer is no, you can take action in Court. If the answer is yes you can't do anything.
I am sorry if this is not the answer you want and certainly not the one I Want to give you, but I have a duty to be honest.

Does that clarify?

Customer: replied 10 months ago.
thank you
Expert:  Jamie-Law replied 10 months ago.

If I could ask you to rate my answer before you go today, otherwise the site does not pay me for the time spent with you today. Thank you in advance and good luck!

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