Wellington court financial services ltd not paying out on FOS final decision RE: +£58k Pension- help enforcing & using form N322A - court claim issued

[Simmonds7]

I won my claim through FOS which went to Ombudsman for final decision. 

 

They were given 28 days to pay which runs out this Friday 19th November 2021.  I am getting ready to file N322A form to courts so I can enforce the order.

 

  It has already been 2 years to get this far and I'm sick of being messed about so am going for it.  I will drop dead with shock if they actually pay on Friday.

 

  The question I have is how do I work out how much they owe me?  This is for a FA Company transferring a pension into a sipp.

 

  I put in a claim originally for £130,000 when I started the claim with fOS, using what the pension would of been worth if left where it was, interest and compensation.

 

  I have no idea how to work out what the amount is that the FOS have awarded using their formula.

 

  Help please.

Edited November 17, 2021 by dx100uk
added A few blank lines only..dx

[Simmonds7]

I have read this and it was very helpful but I still don't know whether to use current value or retirement value.  Have attached calculations pictures.  Thank you for your reply.

 

2015-04-15 calculations Screenshots.pdf

[Simmonds7]

Thank you.

 

I am trying to work out what the Amount awarded is.

 

invested was £52,800.  Pension was valued at £92,000 by previous pension before moving into sipp. 

 

Fos award states...

The Orbis SIPP.........for half the
investment: FTSE UK Private Investors Income
Total Return Index; for the other half: average rate from fixed rate bonds.

From date of investment to date of my final decision

8% simple per year on any loss from the end date to the date of settlement

 

I work it out as follows...

£77,908.84 owed (used https://www.pensionclaims.co/pension-redress-calculators)
£44 Court fee
£1,478.95 sipp fees for 5 years (295.79 pa)
£300 compensation
£28075.13 interest from 2015 to today (on original £52,800)
Total = £107,806.92
£8,624.55 8% fee for late payment
Owes total £116,431.47

 

Would this be correct?  I don't want to put the wrong amount owed on Court form and give them am excuse to challenge the CCJ or get myself into trouble.

 

Thank you for all the help

[Simmonds7]

I will give them a ring today.  I did ask before and they weren't very helpful.

 

Can anyone help me otherwise I'm going to guess and hope it is not to high.

[Simmonds7]

Thank you for replying.  I have attached the FOS final decision letter.

 

Original amount invested was £52,800.  We have had no communication at all from FA company that mis sold it.

 

Representative.Decision .pdf

[Simmonds7]

The award states...

That for half the
investment: FTSE UK Private Investors Income Total Return Index;

for the other half: average rate from fixed rate bonds.

 

From date of investment to date of my final decision

 

Amount originally invested was £52,800

 

8% simple per year on any loss from the end date to the date of settlement

 

Had no communication from company that I have won against.

Edited November 19, 2021 by dx100uk
unnecessary previous post quote removed

[Simmonds7]

Thank you dx100uk

 

Exact amount invested was £52,809.19 on the 14/04/2015

[Simmonds7]

Yes honeybee that's them

Edited November 19, 2021 by dx100uk
unnecessary previous post quote removed

[Simmonds7]

I agree but Wellington court financial services ltd are not replying to my emails and have made no contact.  Unsure how to get them to pay

[Simmonds7]

I've told them that they haven't replied to me and have made no contact.  I have had no reply.  They really are useless.  I contacted my MP today who have chased the FOS for me too.  

[Simmonds7]

I have finally had an email from Wellington court financial services ltd. 

 

Here it is, I'm am lost for words on their stupidity....

 

"Please kindly ask yourself the following basic principles of any enquiry/redress which should be based on the facts; “ what, why, when, how, where and who”, The Six Honest Men.

We repeat you have not been a client of Wellington Court Financial Services Ltd.

 

You have not received advice from Wellington Court Financial Services Ltd. There is no evidence that you have been a client of Wellington Court Financial Services Ltd for example; basic due diligence documentation, copy of ID or passport, copy of your utility bill, Know-Your-Client, Terms of Business, Suitability Reports, etc. Have you provided and obtained those documents from Mr John Picket of JCP Direct or any other third party?

Any redress should be forwarded to:
• Guinness Mahon Trust Corporation/Orbis SIPP, Hartley Pensions Ltd who acquired the pension assets of Guinness Mahon Trust Corporation and the trustee Hartley Pensions Trustees Ltd,
• and/or the person who advised you and/or you were speaking and instructing directly,
• and/or your unnamed accountant,
• and/or Mr John Picket of JCP Direct as confirmed by you who you were dealing with.

Please cease and desist from making an unwarranted claim and threats. Wellington Court Financial Services Ltd reserve the right to protect its interests and good name with the utmost vigour of the law.

Yours sincerely,
Wellington Court Financial Services Ltd"

 

 

[Simmonds7]

Thats correct. The ombudsman stated that they clearly know us and that they did give advise.  They were paid by Guinness Mahon as FA fees.

 

Not sure what to reply.  I obviously will attached the FOS final decision again to make sure.

[Simmonds7]

I have forwarded the email to the FOS.  now the wait for Monday starts 

[Simmonds7]

Thank you for the information I will have a read.

 

I have informed FCA already and they have noted it.  I will contact them again Monday to give them the update on their last email.

 

I have phoned my case worker at FOS twice and no call back yet. I have forwarded their emails to her though.

 

I know of 200 that are after Wellington court financial services ltd in regards to Guiness Mahon alone.

 

I will look into the Irish Ombudsman too.

 

[Simmonds7]

My accountant introduced me to a guy that was an introducer but not FCA registered so couldn't do the transfer etc so gave our details to Wellington court financial services ltd who phoned us and dealt with everything and advised us to go with dolphin 

[Simmonds7]

I reported them to financial regulator in Ireland and here in UK for non compliance of FOS final decision.  Got a reply from them.....

 

Thank you for your emails dated 21.11.2021 and 22.11.2021.

 

We understand that you are a very angry man as you have been badly let down by Guinness Mahon and Dolphin Capital.

 

Please note:

 

You know that you did not have any dealings with Wellington Court Financial a Service Ltd (Wellington) and did not receive advice from Wellington.

 

You clearly instructed and dealt with third parties unknown to us.

 

You gave transfer instructions directly to your pension plan providers to transfer your pension/s to Guinness Mahon who invested in an unregulated fund in Germany, Dolphin Capital.

 

You have lodged an unwarranted complaint against Wellington with the FOS.

 

You appear to have entered into a conspiracy to defraud Wellington for your commercial benefit.

 

The decision from FOS is based on a mammoth cover up and fraudulent documentation that has been produced as evidence.

 

As previously stated your claim against Wellington Court Financial Services Ltd is fraudulent.

 

Please refer to Fraud Act 2016, (Fraud by false representation {Section 2}, Fraud by failure to disclose information when there is a legal duty to do so {Section 3}, Obtaining services dishonestly {Section11})

 

The FCA is fully aware of the Guinness Mahon matter, involvement of third parties and their clients making fraudulent claims since 2016.

 

Any liability is denied as it is a fraudulent claim.

 

We value our regulatory status and we do not deal with unregulated products. We have not had any dealings or connection with Dolphin Capital in the UK, Ireland or abroad.

 

We reserve the right to file a counterclaim into the court for your fraudulent claim and damages to our good name and standing.

 

With respect you are “barking up the wrong tree”.

 

By sending us threatening and blackmailing emails you will not achieve your goals and may get yourself involved into unforeseen problems.

 

Therefore in your own interests you should put this matter into “balanced hands” and appoint a solicitor to deal with these issues before they get out of hand.

 

Please feel free to forward our email to the FOS if you wish.

 

Should you wish to discus the content of this email please do not hesitate to contact us or let us know the best time and we will telephone you.

 

Our solicitors will contact you shortly.

 

Wellington Court Financial Services Ltd reserves the right to protect its interests and its good name with the utmost vigour of the law.

 

 

[Simmonds7]

No personal name was given just Wellington court at the end. 

Have phoned FOS 3 times and left messages, no return call received yet. 

 

Have forwarded all emails onto FOS but no reply yet. 

Have sent 3 emails asking them to advise etc and again no reply. 

 

Am emailing my MP Monday if still no reply from them.

[Simmonds7]

I reported them to the FCA and the regulator in Ireland.  Both are not allowed to tell you of the outcome but it goes to the team that regulates them and they do not look favorably on companies that do not pay.

[Simmonds7]

They are able to inform the company they should pay but unable to tell me if they have.  Frustrating 

[Simmonds7]

Sure first one was...

"Today is day 28 since the legally binding final decision from the Financial Ombudsman Service was given and accepted by myself.  I have not had a reply to previous email or any correspondence from your company.  

Can you confirm payment will be made today? or a date when it will be paid.  

I want to hear from you by close of business today. 

As of Tomorrow 8% interest will be added for late payment and the form N322A will be filed at court on Monday.  This is just a formality so I can enforced payment with High Court Sheriffs.  The court costs and High Court sheriffs costs will be added to the amount owed.  

It is in the company's best interest to pay the amount owed and Communicate with myself as I am sure you do not want a CCJ on file against your company and high court sheriffs at your door. "

THEN SECOND EMAIL SENT WAS.....

"I have reported you to FCA for non compliance of FOS legally binding final decision.  I have also reported you to your other financial regulator at Central Bank of Ireland.  Both do not look favourable on non compliance of an FOS final decision.

I request that you reply to my response of your email sent Friday by end of today and confirm receipt of this email.

I am trying to assist your company by letting you know of the additional costs that will be incurred from high court sheriffs not threaten, I have won my case against you and i do intend to enforce it."

[Simmonds7]

Just got a reply from fOS

 

I’m sorry to hear that Wellington Court Financial Services Limited hasn’t complied with the ombudsman’s decision.

 

Unfortunately, there is little more that the Financial Ombudsman Service can now do.

We have let the regulator (the FCA) know about this issue.

 

But that might not be enough to change Wellington Court’s mind so you may need to consider taking legal advice for the best way to enforce the decision.

I’m sorry this isn’t the answer you were looking for. But we don’t have the power to enforce decisions – ultimately only the courts can do that.

[Simmonds7]

Jcb 2007

I think so too.  At least of they go into liquidation we get some of our money back.

[Simmonds7]

When you file n322a and paid court costs how long until you get the order back?

[Simmonds7]

Received my CCJ against WCFS Ltd today. 

It is my understanding that I have to wait 14 days now before I can get sheriffs to go in. 

Is that correct?

[Simmonds7]

Thank you dx100uk