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scara

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About scara

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  1. You're welcome. I've received your email. It was in the spam. I've received advice and encouragement on this site and it's not the first time either so it's only fair and right to also give back.
  2. Finally, all repaid. Thanks for all the help folks. Scara
  3. Update: They agreed to start repaying the money monthly from September last year. So far £14,000 repaid. £6,000 to go. so far so good.
  4. They weren't aware of the Sheriff's charges when they did the draft so that will have to be added in along with correct dates and amounts. Do those draft documents seem reasonable in your opinion?
  5. Hi dx100uk, yes and I have told FP that if we do agree on a payment plan they are responsible for all the HCEO fees and that they are around £4000 so far.
  6. Finally there's been some progress. Yesterday the the Financial Controller of Fat Prophets Australia contacted me about settling the claim in installments. They have proposed 1. a settlement deed, that will obtain the agreement amount and timeline. 2. the notice to the court of the deed agreement, once the deed is agreed by both parties. I have attached both files which are word documents for someone to please review and let me know if they are fair and reasonable. Fat Prophets will be calling me this evening to discuss the amount and timeline. The sheriffs called me this morning to ask if I want the enforcement to proceed. I've asked them to hold off for now as we might have an agreement done soon as the Sheriff's were going to seize their goods today. The sheriffs have said if I enter into an agreement with Fat Prophets they will require their fees which are around £4000 so far to be paid immediately in full. Thanks for the help. draft Settlement Deed - MF & AE.doc draft Tomlin Order - MF & AE.doc
  7. Thanks again everyone for the advice. DX I will take your route and contact the sheriffs are coming enforcement team. Regards Scara
  8. Thanks for bearing with me, I've finally received the "Order of recovery of award" from the county court. I don't know if Fat Prophets will be aware of this award or whether the onus is on me to notify them and request that they pay up or face court enforcement procedures.h Any advice on the next steps to take will be most appreciated. Regards Scara
  9. Thanks for all the help folks. I'll let you know how things proceed. Regards Scara
  10. I've decided to go with Bankfodders advice and not accept their offer of payment by installment. To this end I have drafted a letter to the Adjudicator dealing with my case to advise them of my decision. I have copied a draft of the letter below. Any advice , thoughts , opinions will be appreciated. Thanks Scara. I have taken independant legal advice on this matter and after considering all the options I have decided that I will not accept the offer from Fat Prophets to pay the award in monthly installments. The main reasons for my decision are that I have serious doubts as to the trustworthiness of Fat Prophets and most importantly as you have previously stated, "if you should decide to accept the proposal then we cannot facilitate the settlement or oversee progress. In the event that there was a problem with those arrangement you would not be able to ask us to intervene again on your behalf." Furthermore I have accessed information on Mint Financial/Fat Prophets from the FCA website (https://register.fca.org.uk/ShPo_FirmDetailsPage?id=001b000000MfMOtAAN#ShPo_PermissionsAnchor) and details of their latest accounts from the companies house website (https://beta.companieshouse.gov.uk/company/04255908/filing-history). In my opinion they have more than sufficient funds available to them to settle this matter as set out in the Ombudsmans ruling.
  11. Thanks everyone for your advice. I'm going to have a look through the various links and have a think about how to proceed. I'll post back once I've decided on a course of action.
  12. Thanks again for the replies,I was trying to be brief but now I'll be more specific. In 2009 I paid Mint Financial T/A Fat Prophets £9400 for a stocks/shares advisory service. This service was never provided as agreed for various reasons especially personnel changes and after numerous exchanges of letters and broken promises I made a complaint to the FOS. I was awarded a decision for the amount I had paid plus interest at 8% and £500 for "trouble and distress". The total awarded is just under £15,000 to date. I accepted the award in July 2016 making it binding on us both. They recently offered to pay £500/month which I immediately rejected. They have now raised their offer to £1500/month. Their reason for not being able to pay the full amount in one go is: "In any event we are still not able to make pay the amount noted in full. We are not trying to be difficult and are looking to resolve this but are a small company now. A court enforcement would take time, and involve costs." The dilema for me is accepting their proposal means the FOS "cannot facilitate the settlement or oversee progress. In the event that there was a problem with those arrangements you would not be able to ask us to intervene again on your behalf." On the other hand while court would not be my preferred choice I will proceed that way if necessary. Am I being unreasonable to think they should pay the full amount in one go? Thanks in advance for your replies. Scara
  13. Thanks for your interest guys. I made a complaint to the FOS and the ombudsman ruled in my favour. I accepted the ruling which was then binding on both me and the company which is called Fat Prophets. I hope this helps. PThanks Scara
  14. Hello all, I have recently been awarded a judgement by the FOS against an FCA regulated company for not providing a service I had paid for. The company in question now wants to pay the award in monthly installments. They initially offered to repay over 3 years. I rejected that outright because it's far too long, and the Ombudsman will not get involved if I agree to a payment scheme and the company fail to pay. Now the company has offered a new repayment plan to repay in 12 months. This is far more attractive as they claim they cannot pay it all in one go but based on past experience with them I have doubts as to their sincerity and honesty. Could someone please advise me if there is some way I can get guarantees that the sum will be paid and what my options would be were they to stop paying before the full amount is repaid? Any advice/suggestions will be most appreciated. Regards Scara
  15. Finally the £1500 has gone into my bank account. For anyone in this situation don't give up. Maybe chase up the lawyers more than I did. Thanks to all who posted for the advice and encouragement. Scara
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