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Everything posted by SJS1926

  1. I lost. I filled the wrong form in - should have been N322A and the Proper Person at Court didn't pick it up so Enforcement was set aside. I've had £9k fees awarded against me. I'll never go to Court ever again to try to obtain compensation.
  2. Spoke with the Courts, all correspondence now with the Judge.
  3. I sent this to the Lawyers this morning and will spend the rest of this morning on hold to speak to the Courts...... ........................................................ I refer to the Skeleton Argument and cost Schedule attached which I assume were issued to the Courts yesterday. Please confirm that your cost schedule was also sent to Court. If my assumption is correct why couldn't the emails I requested to be added to the Bundle be sent to Court. Nevertheless I sent these to Court last night including the relevant emails which make it clear the Undertaking is still not ready for signature as it requires "tweaks". As you know, correspondence goes to a central email address at the Courts in London and it is unlikely the said correspondence will be put before the Judge in time. I will be contacting the Courts shortly to discuss this situation of late correspondence and ask if this cannot be put before the judge in time what options are available regarding a delay to proceedings.
  4. Just been sent a new Witness Statement, totally different to the previous and from a Barrister. I've now been told by them that Monday is a Video call but the Courts have not told me. A lovely email attachment says they will ask for over £21,000 from the Courts in costs against me if they get a set aside. I earn £9,000 pa from a Pension, I'm now terrified! Apparently both I and the Courts were wrong to allow form N322B, that is just for ACAS awards, the Judge was wrong too to allow it. I'm going insane with stress
  5. "Nothing changes" is why I'm at a loss that we are where we are. The company still owes me the money regardless of Monday. The Undertaking was and remains incorrect, even the Lawyers last email says it needs "tweaks" but a tweaked undertaking wasn't attached. A big issue on the Undertaking as well as errors, is the FOS Decision says that any Undertaking should make a provision for Tax & Charges to be deducted from any monies that were returned to the company as such funds would need to bee withdrawn from my Pension Fund. Both the Company and it's Lawyers have refused to include this. The dispute over the £4000 reduction is something that I've explained many times and they remain fudgy over it. The company invested my pension money net of commission of £4000, they tried to use the net amount to calculate the compensation, the FOS corrected them on that and 2 years later have decided to deduct it again it really is like plaiting fog with these people.
  6. Shall I send their witness statement to you? I'm very flattered by what you say, I've no legal experience at all, I researched the Internet and just spoke the truth. You've made me feel very confident, thank you! I've sent their Witness Statement and N244
  7. Hi I agree it's very difficult without the FOS Decision and my Witness Statement and for that I apologise, I had it all ready to send via email yesterday and sent a test email to admin to see if the email was correct but didn't get a reply. Do you have my email on record so that I can reply to you with attachments? Thank you for your comments though about "sticking to my guns" I intend to do so and will reply to the email saying I'll let the Judge decide on Monday. I'm really anxious to send you documentation but continue to struggle..... I tried admin email address
  8. Just received this email from the Lawyers......... Comments anyone? In terms of the decision by FOS, the agreed compensation, and, the pre-requisite of making payment, that you sign undertakings, our client has set up everything properly. Your application to court was inappropriate and unjustifiable, and that mistake was compounded by the processes, or lack of due process, that followed, leading to an improper judgment, that you have declined to agree to set aside, and caused considerable, regrettable and avoidable costs to be incurred, which will be met by you, if our client’s application is successful, of which we are confident, and no doubt was explained to you by your solicitor,. The undertaking (incorporated into a settlement agreement) defines your obligations post the payment of compensation in relation to the relevant investments that you will still hold, binding you to make payments of any sums etc received, hold the assets to our client’s benefit, assign all rights to our client, and other obligations in relation to documentation, for example. Your refusal to sign the undertaking, which accords with the Agreement of 6 August 2020, has the effect that payment cannot be made. Subject to any tweaks, your issue is not about the terms of the undertaking but your view of what you have agreed under the Agreement of 6 August 2020, in relation to the cash element of your portfolio. The consequence of the way in which your compensation is structured by the FOS decision is that our client pays the agreed compensation and simultaneously steps in to your shoes in respect of the whole portfolio, as defined in the table in the Agreement of 6 August 2020 as having 5 elements, the 4 funds and the cash element of £4018.82, all of which formed part of the calculation for compensation, as specifically stipulated by FOS. Like the funds, that cash element of the portfolio belongs to our client as part of the compensation process. Therefore, in terms of the Agreement of 6 August 2020, our client has abided by its obligations, and you have made an erroneous application to court. Your challenge about the net amount payable in respect of your compensation and your “handing over” of the portfolio, including the cash element, is without foundation and we urge you to concede to our application (for all the other reasons too) and agree to sign the undertaking to receive the balance of the compensation, net of the £4018.82.
  9. Hi everyone It's Court time on Monday, I'm very nervous and feel quite sick. I've prepared an 8 page Witness Statement with 14 addendums. I hope the Judge will see there is no reason to set aside the Enforcement N322 of 19 January especially as this company has reduced the FOS agreed compensation by over £4,000. Their Lawyers asked the Courts for a face to face hearing as appose to over the phone. As I live in the North and the hearing is in London I guess it was a way to restrict my input. The Courts refused and citing their reasons for a face to face that "it's very complex" the Courts refused by sating "it is not complex at all". One slight victory prior to Monday. I feel this company and their Lawyers are still agreived with the FOS Decision. As chance would have it, another decision from the FOS has not gone their way recently too for more than twice what my claim was for. Anyway, please wish me luck. I'm happy to send anything (witness statement etc) to a private email but I'm too intimidated to post on here. If this N322 fails, there is little hope that if consumers come across a company like this one, there will be no support from the Courts. My local Court cannot understand how London are even allowing a hearing, they say the Enforcement would and should stand if they were the Court dealing with this.
  10. I've heard from the Company Lawyers. They have managed to get the Courts to agree to a hearing in July. They have suggested do we want to settle. As interest will roll on up to Settlement and the Enforcement notice will remain live I can see why. In their usual aggressive manner they are saying they will charge me costs for setting aside the Enforcement. Suggestions on my reply over and above the full settlement of what I'm owed plus interest? In July it'll be 2 years since the FOS found in my favour. A real nightmare.
  11. Thank you. Fingers crossed the Judge has enough information to not require a hearing.
  12. Ouch! Don't like the look of this (below) I've just received from Court. It could be standard but do I really need to do a Witness Statement? Thought the FOS Decision was enough? Naturally I've supplied Court some copy emails from the FOS etc but this is nothing over and above what all parties already have, I just wanted the Judge to have a full picture. Stress city!!! Dear Sir/Madam Thank you for your letter The Application which has been lodged by the Defendant will be sent to the Judge for directions as to how it should be heard After it is served on you, you’ll shortly receive a notice of hearing informing you when and how it’s going to happen If you have any dates in your diary you wish the court to avoid, please do so in writing If you wish to make a reply to the Application filed, you can submit in a witness statement with exhibits attached in support (if any) Note this should be served on the other side in good time for the hearing Regards
  13. Thank you. I wonder if they will be classed as a "disobedient party". Let's hope so.
  14. I've not had a notification about a hearing date. I'll scan the N244.
  15. One quick question, does anyone know if I will be told by the Courts that the "Stay" has been declined? Obviously I'll be told if its allowed.
  16. Thank you. Great to hear! When I went to my local Count Court to ask for help they said it's a common tactic to scare the likes of myself. I can honestly say I know I'm right but feel Intimidated. When this over I'd like to help others.
  17. No, the Royal Courts of Justice is the Court local to the Company, that's where you have to submit an application.
  18. They submitted an application last week. It's the at The Royal Courts of Justice in London. Just waiting nervously to hear. They have told me I will be liable for costs which is very scary indeed. One of the things they have said is they weren't given the opportunity to put their side forward prior to the CCJ. I don't think they understand that "their side" was heard via the FOS and this is not open for a total re work of the FOS Decision. They keep accusing me of "erroneously" applying for the CCJ and that the Courts "don't have the full picture" naturally I sent the Courts a copy of the Final FOS Decision. I'm very stressed.
  19. Is this what you mean? This is the legislation I found during my research, I hope its correct.
  20. Thank you for your reply. There is no fee with an N322B as in effect the Court case has already happened between the FOS, the Company and me. Evidence was submitted over a long period from both sides then the Ombudsman made his decision in my favour. Thd CCJ I've been awarded is "An order to pay". It took many hours of research to work through the fog and which forms to submit. The FOS repeated many times "we cannot make them pay, you may have to apply to the Courts for Enforcement" but when you ask how to do this they can't advise you and suggest getting legal advice. The FOS are great if they find against a Company who'll pay but dealing with this Company I'm left fighting on my own. As for submitting to the Courts correctly, I'm told if everything isn't in order and 100% correct and complete, your papers are returned by the Courts. Once I hear from the Courts that there will be no stay (fingers crossed) I'll give the Company 48 hrs to pay (plus interest) then if no joy send in HCEO. As I've incurred Lawyers fees because of this Company I've asked the Courts to allow me to claim costs, there weren't any to begin with as I did it myself but the arrogance of the Company has meant extra costs for me that I hope I can claim back. Thank you for replying. I'm very nervous about naming them. They are highly aggressive and they have a huge firm of Lawyers that send my Lawyer very threatening (from a legal perspective) emails. My Lawyer said its the worst case of "bitterness and being poor losers" that he's come across. Happy to answer anything else. In a nutshell, won a FOS Judgement, most pay within 8 weeks, this is almost 2 years. Company kept procrastinating and I lost patience and went for a CCJ.
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