Jump to content


Enforcing An FOS decision using Form N322B


Recommended Posts

Maybe you would like to email us the new witness statement.

It's not surprising that they are going into complete panic mode. I'm sure it's very stressful for you but I'm afraid that this is probably fairly predictable

Link to post
Share on other sites

  • Replies 57
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Posted Images

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. 

 

Link to post
Share on other sites

On 25/06/2021 at 11:46, SJS1926 said:

Spoke with the Courts, all correspondence now with the Judge. 

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. 

Link to post
Share on other sites

Post #54 in the following topic as advised by Bankfodder.

 

 

 

Quote

4.2 An application under rule 70.5(3) for an order to enforce a decision or compromise must be made by filing an application notice in practice form N322A.

 

4.3 The application notice must state –

(a) the name and address of the person against whom the order is sought;

(b) how much remains unpaid or what obligation remains to be performed; and

(c) where the application relates to a conditional compromise, details of what under the compromise the applicant is required to do and has done under the compromise in addition to discontinuing or not starting proceedings.

 

4.4 Where –

(a) the application relates to a conditional compromise; and

(b) the application notice is served by the applicant on the respondent,

the applicant must file a certificate of service with the court within 7 days of service of the application notice.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part70/pd_part70

 

https://www.gov.uk/government/publications/form-n322a-application-to-enforce-an-award

 

 

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

14 minutes ago, SJS1926 said:

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. 

 

I'm totally sorry. I'm sure it was a real blow and totally unexpected.

I have to say that I'm surprised that they only found against you on the basis that you use the wrong form. The Overriding Objective of the courts is to achieve a solution which is in the interests of justice.

If the only basis of the decision against you with that used the wrong form that I don't see how this satisfies the overriding objective.

There must've been other reasons for this.

The award of £9000 is a terrible blow.

What is your next step? Clearly the FOS decision needs to be implemented.

Link to post
Share on other sites

Quote

Alongside the main claim that gets brought to life, an application has to be made to the court to give the FOS decision the effect of the court order. An LIP then gets the joyous task of having to choose the correct form of the near identical N322A or N322B forms, certainly not any easy task, even for many lawyers. In practical terms the N322B is for enforcement of awards which are automatically considered on par with a Court Order.

 

The N322A is for the enforcement of awards where the court’s permission is required to give the effect of a Court Order, which applies to FOS awards as the FOS award does not have the effect of a Court Order until the court so orders. Naturally, I have had clients who (as litigants in person) have fallen at this hurdle, on a procedural difficulty alone.

 

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

 

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Of course it is a ridiculous and most unfair distinction. It has absolutely no relevance and has nothing to do with justice

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...