Help with Fast Track claim process please

[oris]

Hi

I  havent been on the site for a while but would appreciate some assistance with a recently started claim against an individual s who owes me money.

I believe I have followed the correct process so far by trying mediation which was a total waste of time,

I then issued a letter before court action day  ,

 

they replied on the last day, in all this time there has been no verbal communication to my request to have my money back,

 

I issued a claim in the small courts and now I have received a notice of proposed allocation to fast track together with a Directions Questionnaire form (N181) 

 

1. what is this

2. how do I proceed any help would be greatly appreciated

 

Thanks

[dx100uk]

you fill it in..

 

 

it might have been better to try and keep the claim under £10k, but never mind as fast track can be very expensive if you lose

 

can you outline your case please

and post up the POC you used please?

 

dx

 

[AndyOrch]

Following topic shows how to complete it...although this is from a defendant not claimant its virtually the same.

 

https://www.consumeractiongroup.co.uk/topic/422263-the-national-bank-of-ras-al-khaimahidrww-courtclaim-old-uae-loancc/page/2/?tab=comments#comment-5063945

 

[oris]

Amount Claiming £13,000

 

In Autumn of 2014 Mrxxxx  informed us of an investment proposal and encouraged us to invest £13,000 which would allegedly double our investment in 3 months.

 

On the 12th Decemeber 2014 after taking out a loan to finance the investment We deposited £13,000 in to the account of Mrs  xxxx account as instructed by Mr xxxx

 

No monies were returned on the due date and to date Mr xxxx has used various reasons and excuses to delay the payout for investment.

 

in Jan 2020 We requested that we have our invested monies (£13,000)returned as we did not want to continue with the investment.

 

we were informed that this would be a quickturn around.

The request was documented as requested by Mr xxxxxx but as to date no monies have been returned.

[AndyOrch]

And was Mr xxxx a regulated FSA for advising with the FCA ?

 

Advising on investments is a regulated activity under article 53(1) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (SI 2001/544) (RAO)

 

https://www.fca.org.uk/consumers/understanding-advice-guidance-investments

[oris]

Might have been a some time in his previous life but how can i clarify that at the time of the investment he was operating under FCA guidance

[Will Goodfellow]

Do you have any terms and conditions related to the investment, any type of written agreement or evidence of what was offered? Generally with an investment there is no guarantee of receiving anything back at all, it's a gamble.

Edited September 9, 2020 by Will Goodfellow

[honeybee13]

8 hours ago, oris said:

Might have been a some time in his previous life but how can i clarify that at the time of the investment he was operating under FCA guidance

 

I'd have thought it would be on the paperwork he gave you explaining the investment and how your business relationship would work.

 

I'm surprised you were asked to make the cheque out to his wife, it would normally be to the investment provider. What kind of investment was it please and when should it have paid out?

 

HB

[BankFodder]

Frankly you've been scammed.

You are on the verge of taking out a claim against this person which will go on to the fast track. Even if you win, I can imagine that the chances of you managing to enforce the judgement will be quite remote.

I think that before you contemplate bringing this kind of action you should start having a bit of research into the background of this individual in order to understand whether they are accessible to enforcement agents and whether they have any assets.

It wouldn't at all surprised me if any homes et cetera are also in the name of the partner or somewhere else.

I understand that your reluctance to name this individual on the open forum at the moment – but maybe you could email it to us at our admin email address and some of our site team will take a look and come back to you.

You say that you have tried mediation – but what exactly is it that you have tried – because mediation would normally be proposed after the claim has been issued

[oris]

12 hours ago, honeybee13 said:

 

I'd have thought it would be on the paperwork he gave you explaining the investment and how your business relationship would work.

 

I'm surprised you were asked to make the cheque out to his wife, it would normally be to the investment provider. What kind of investment was it please and when should it have paid out?

 

HB

He asked for the money to be transferred in to his Mothers account

[honeybee13]

Thank you. Transferring the money to a member of the family isn't normal for an authorised financial adviser. Could you answer my other questions please?

 

HB

[oris]

going through the paperwork realised that nothing had  been signed but details of investment contained in a email attachment : 

 

Managed Bank Guarantee Funding Program

This program is an End to End Managed Bank Guarantee Funding and Monetization Program.

 

The program includes Total Deposit Protection with a very high profile Attorney Trust Account protected by a law firm that was both founded by a Supreme Court Judge and is recommended by the US Embassy for all Americans.

 

Either your Bank Guarantee is Issued or your Get your Deposit Returned, we make money closing deals NOT taking Deposits!

 

The entire End to End Proven Program includes BOTH Issuing a Bank Guarantee and Funding that Bank Guarantee.

 

Everything has been pre-structured, pre-approved and pre-negotiated so it is hassle and headache free with certain predetermined outcomes you can bank on.

 

We provide total contract protection with the BG Issuer and BG Funder agreeing to penalties up to 20 times your deposit!

 

Full Non Recourse Funding in the program means you do not have to repay a cent!

 

The Bank Guarantee is Issued from AAA Rated Top 25 Bank and funded from a second AAA Rated Top 25 Bank.

 

Client Deposits are paid to Attorney Trust Account where Trust Attorney and Barrister have an unblemished reputation and is the Legal Counsel for Governments and major Corporations.

 

There is No Trading, No Leveraging, No Borrowing, No Currency Investing and we DO NOT require any Project Documentation.

 

· All we need to issue program agreements to clients are 3 Documents:

. CIS (Customer Information Sheet)

· NDA

· Proof of Funds

 

This well tried program is being offered by two established American companies who have both long and successful track records.

 

A few highlights for clients of this Managed Program:

 

Rapid turnaround of Invested Funds

 

Client Produces CIS, POF and NCND

 

Client Speaks to Program Manager within 72 hours

 

Contract offered immediately after conversation

 

· No other information required

· No other conditions of Investment

  Money Back Guarantee

  Clients Funds placed and held in Escrow

   Leverage Returns in 45 to 90 days (or faster)

  payment into any bank account that Client designates

  Client can Re-Enter funds

  

 

 

[dx100uk]

to put it bluntly...

 

that's a load of ole rubbish which sadly means absolutely nothing.

 

 

so whats this bank guarantee??

 

looks like a typical american boiler scheme advert scam text.

 

 

[BankFodder]

I think we are losing the plot on this already.

Please can you post up your claim form and also because there has been a DQ, there clearly has been a defence. Please will you post that up as well. Both of these documents in PDF format.

Also, you supplied me with the name and address of the person who you say is the defendant. Was that person not operating as some sort of company or firm/trading name?

If this person was acting as an unregulated financial firm then they are committing an offence and could potentially be subject to imprisonment.

I think we need to start seeing your court documents please.

Also I don't have to say to you that you visit a claim here and it's clear that you had no idea as to what the next step could be and you've made no research as to the possibility of enforcement. This is not a good way to start.

You supplied me privately with an address. I suggest that you go on to the land registry web search site and start seeing who comes up as the owner of that address. I'm afraid that you are probably going to find that it is that person's wife or someone else. Please let us know.

[BankFodder]

I think you should also call the FCA on the helpline and discuss it with them https://www.fca.org.uk/consumers/report-scam-us

 

Quote

What you can report to us

If you think you have been contacted by an unauthorised firm or individual trying to scam you about:

• an investment 
• your pension
• taking out a loan
• insurance and warranty products
• claims management
• consumer credit

Or, if you have any suspicions about the promotion of a financial investment, or a financial service you have paid for, you should report it to us.

If the firm or person you want to report is authorised or registered with the FCA, then please get in touch using our regular contact details. Check our Register to find out if a firm is authorised.

 

[oris]

Sorry for the late reply I have been working this week end, all of this information is a lot to take in but  I  will  start working on it straight away and send the documents as requested thank you again for your support

[AndyOrch]

Keep your eye on the date you have to submit the N181......

[oris]

PS : The first action taken by the claimant was to register a change of address at the courts

[AndyOrch]

Sounds ominous ...did he change it to his mothers ? 

[oris]

Not sure he and his Mother live at the current address on the court details he changed his address but there was  no address disclosure, but when he signed the court documents he signed them and recoreded the current address not a new one .

[AndyOrch]

Well at least you know hes been served...see what address he states on his N181.

 

Change of address for service

CPR 6.24  Where the address for service of a party changes, that party must give notice in writing of the change as soon as it has taken place to the court and every other party.

[oris]

23 minutes ago, Andyorch said:

Keep your eye on the date you have to submit the N181......

DQ documents state  24th Sept

[BankFodder]

On 13/09/2020 at 22:41, oris said:

PS : The first action taken by the claimant was to register a change of address at the courts

 

Claimant????

[SuperVillain]

On 13/09/2020 at 21:36, oris said:

Sorry for the late reply I have been working this week end, all of this information is a lot to take in but  I  will  start working on it straight away and send the documents as requested thank you again for your support

You should really post the claim form and particulars of claim and their defence on here ASAP.
 

You only have a week or so to file your Directions Questionnaire (and draft directions).

Edited September 15, 2020 by SuperVillain

[oris]

here

 

 

 

 

 

docs1.pdf