Enforcing An FOS decision using Form N322B

[SJS1926]

Having waited an eternity for a Company to pay me an FOS Award, I decided to enforce the Judgement via Form N322B as the Judgement is legally binding I was told no further evidence is needed for the Courts, just a copy of the FOS Final Decision.

 

The CCJ was confirmed a few weeks ago.

The company are now trying to have this "set aside".

I've been told by my local County Court that it cannot be set aside as the FOS is legally binding.

They also offered to pay me £6000 less than was on the Enforcement Award from the County Court.

 

I feel pretty confident it won't be "set aside" but the company say I've applied for the CCJ "erroneously" (they are very upset I've done this even though I warned them for weeks I would) so I'm a bit worried.

 

Will the Courts not set this aside?

 

Any advice to calm the nerves greatly appreciated. 

[dx100uk]

very very unlikely, unless you did something wrong in the process of getting judgement, which doesn't look at all likely to me.

 

have they gone for a full hearing @ £255 or just @£100 'on the papers'?

 

for the sums involved you should have spent £60 and sent in HCEO immediately.

 

 

 

[BankFodder]

What is the name of the company?

It would help to know the story before forming an opinion

[SJS1926]

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. 

 

6 hours ago, BankFodder said:

What is the name of the company?

It would help to know the story before forming an opinion

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. 

[BankFodder]

If you have an FOS decision against them then there is absently nothing to be nervous about.

You should name them – and rather than make any comment, simply reproduce the FOS judgement here.

These kinds of things are very important because it allows others to know what is going on and makes them less frightened of dealing with these kinds of companies.

If they have lawyers who are sending threatening emails, then we ought to know about it. They may simply be just the normal kind of correspondence that one gets from lawyers – but if they overstep the mark then complaints should be made

Please name the firm and tell us the story

[AndyOrch]

Did you issue your claim on a part 7 or 8 type claim ?

 

The relevant claim procedure is a Part 8 Civil Procedure Rules 1998 [CPR] claim; this is because the simple enforcement of a FOS decision is naturally caught under Part 8.1(2)(a) CPR – a claim unlikely to involve any substantial dispute of fact.

 

https://www.lawgazette.co.uk/practice-management/enforcing-financial-ombudsman-decisions/5041981.article

[SJS1926]

Is this what you mean? This is the legislation I found during my research, I hope its correct. 

 

 

 

extract from claimform.pdf

[AndyOrch]

No...how did you issue your court claim.... MCOL or manually.

[SJS1926]

Manually. 

[AndyOrch]

Then I suspect it was a Part 8 claim which is the correct  process in enforcing FOS Ruling.

 

Now when you say " The company are now trying to have this "set aside". have they actually submitted an application notice or is this just threats ?

[SJS1926]

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. 

[dx100uk]

eh? so they've gone directly to the nations royal court of appeal?

sound like they are trying to appeal the fact that FOS decisions legally binding rather than the specifics of 'your' case.

[SJS1926]

No, the Royal Courts of Justice is the Court local to the Company, that's where you have to submit an application. 

[dx100uk]

Had me worried there...

[AndyOrch]

Quote

I'm very stressed. 

 

No need to be..... have a read of the link I provided in post#6 .Part 8 claims are Multi Track so the mention of costs would stress anyone..there not going to get a set a side.

[SJS1926]

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. 

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. 

[cjcregg]

A stay is different to a set-aside

but yes, once the court has considered the set-aside application it will issue an order to both parties with its decision, whatever that is.

Be prepared that it's always possible the court may decide to hold a hearing to consider the application for which you will be given the opportunity to attend and contest the application.

[SJS1926]

Thank you. 

[AndyOrch]

Quote

They submitted an application last week. It's the at The Royal Courts of Justice in London. Just waiting nervously to hear.

 

Do you wish to scan redact and upload a copy of their application n244 and supporting evidence for opinion ?

Has the court set an hearing date ?

[SJS1926]

I've not had a notification about a hearing date. I'll scan the N244. 

[SJS1926]

n244 extract

 

 

extract from N244.pdf

[AndyOrch]

For information 

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part70

[SJS1926]

Thank you.

I wonder if they will be classed as a "disobedient party". Let's hope so. 

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

[AndyOrch]

When a claimant/ defendant makes an application to set a side a Judgment the process is always to allow the other party to respond by way of a witness statement stating your objections as to why their application should be denied.

 

DId they not file a statement with their application I have already asked this but you only uploaded the N244.

 

Once you have the hearing date...your statement in response should be filed and served not less than 7 days pre hearing date.

[SJS1926]

Thank you. Fingers crossed the Judge has enough information to not require a hearing.