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    • Hello dx100uk, After months of waiting for a response I finally got a reply and I must say it was the worst 4 months of my life the - fear of the unknown. So, they wrote back and said I was in the wrong BUT on this occasion they  would not take action but keep me on file for the next 12 months. It. was the biggest relief of my life a massive weight lifted -  I would like to thank you and the team for all your support
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    • Yup, for goodness sake she needs to stop paying right now, DCA's are powerless, as .  Is it showing on their credit file? Best to use Check my file. All of the above advice is excellent, definitely SAR the loan company as soon as possible.
    • Hi all, I am wandering if this is appealable. It has already been through a challenge on the Islington website and the it was rejected. Basically there was a suspended bay sign on a post on Gee st which was obscured by a Pizza van. The suspension was for 3 bays outside 47 Gee st. I parked outside/between 47 & 55 Gee st. I paid via the phone system using a sign a few meters away from my car. When I got back to the car there was a PCN stuck to the windscreen which I had to dry out before I could read it due to rain getting into the plastic sticky holder.  I then appealed using the Islington website which was then rejected the next day. I have attached a pdf of images that I took and also which the parking officer took. There are two spaces in front of the van, one of which had a generator on it the other was a disabled space. I would count those as 3 bays? In the first image circled in red is the parking sign I read. In the 2nd image is the suspension notice obscured by the van. I would have had to stand in the middle of the road to read this, in fact that's where I was standing when I took the photo. I have pasted the appeal and rejection below. Many thanks for looking. ----------------------------------------------------------------------- This is my appeal statement: As you can see from the image attached (image 1) I actually paid £18.50 to park my car in Gee st. I parked the car at what I thought was outside 55 Gee st as seen in image 2 attached. When I read the PCN issued it stated there was a parking suspension. There was no suspension notice on the sign that I used to call the payment service outside number 55 Gee st. I looked for a suspension notice and eventually found one which was obscured by a large van and generator parked outside 47 Gee st. As seen in images 3 and 4 attached. I am guessing the parking suspension was to allow the Van to park and sell Pizza during the Clerkenwell design week. I was not obstructing the use or parking of the van, in fact the van was obstructing the suspension notice which meant I could not read or see it without prior knowledge it was there. I would have had to stand in the road to see it endangering myself as I had to to take images to illustrate the hidden notice. As there was no intention to avoid a parking charge and the fact the sign was not easily visible I would hope this challenge can be accepted. Many thanks.   This is the text from the rejection: Thank you for contacting us about the above Penalty Charge Notice (PCN). The PCN was issued because the vehicle was parked in a suspended bay or space. I note from your correspondence that there was no suspension notice on the sign that you used to call the payment serve outside number 55 Gee Street. I acknowledge your comments, however, your vehicle was parked in a bay which had been suspended. The regulations require the suspension warning to be clearly visible. It is a large bright yellow sign and is erected by the parking bay on the nearest parking plate to the area that is to be suspended. Parking is then not permitted in the bay for any reason or period of time, however brief. The signs relating to this suspension were sited in accordance with the regulations. Upon reviewing the Civil Enforcement Officer's (CEO's) images and notes, I am satisfied that sufficient signage was in place and that it meets statutory requirements. Whilst I note that the signage may have been obstructed by a large van and generator at the time, please note, it is the responsibility of the motorist to locate and check the time plate each time they park. This will ensure that any changes to the status of the bay are noted. I acknowledge that your vehicle possessed a RingGo session at the time, however, this does not authorize parking within a suspended bay. Suspension restrictions are established to facilitate specific activities like filming or construction, therefore, we anticipate the vehicle owner to relocate the vehicle from the suspended area until the specified date and time when the suspension concludes. Leaving a vehicle unattended for any period of time within a suspended bay, effectively renders the vehicle parked in contravention and a Civil Enforcement Officer (CEO) may issue a PCN. Finally, the vehicle was left parked approximately 5 metres away from the closest time plate notice. It is the responsibility of the driver to ensure they park in a suitable parking place and check all signs and road markings prior to leaving their vehicle parked in contravention. It remains the driver's responsibility to ensure that the vehicle is parked legally at all times. With that being said, I would have to inform you, your appeal has been rejected at this stage. Please see the below images as taken by the CEO whilst issuing the PCN: You should now choose one of the following options: Pay the penalty charge. We will accept the discounted amount of £65.00 in settlement of this matter, provided it is received by 10 June 2024. After that date, the full penalty charge of £130.00 will be payable. Or Wait for a Notice to Owner (NtO) to be issued to the registered keeper of the vehicle, who is legally responsible for paying the penalty charge. Any further correspondence received prior to the NtO being issued may not be responded to. The NtO gives the recipient the right to make formal representations against the penalty charge. If we reject those representations, there will be the right of appeal to the Environment and Traffic Adjudicator.   Gee st pdf.pdf
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Wellington court financial services ltd not paying out on FOS final decision RE: +£58k Pension- help enforcing & using form N322A - court claim issued


Simmonds7

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My understanding is that companies will have insurance to meet some claims but there will be a limit. I wonder if it is worth going back to the FOS and update them with what is going on? WCFS are still regulated. What's the point of FOS making these decisions if it is a torturous root to enforce them . You are not the only one who had FOS decisions against WCFS, I wonder if anyone else on the Facebook knows where they got to. 

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All I get from my FOS (when they can actually be bothered to answer) is once claim decision is accepted that's FOS done and the rest (including enforcement) is upto me.  I also get seek your own legal advice.  As if I can afford it.

 

They are 100% useless.

 

I believe that WCFS have NO insurance and that as they are claiming fraud their insurance company would not cover them anyway.

 

It is mega frustrating 

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How do I withdraw?  What do I put to make sure all is OK.

 

Simply ignore the court order and don't respond to point 3.1 (12/6/22) but comply with 3.2 and inform you do not wish to pursue.

 

End of claim.

We could do with some help from you.

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IT IS HEREBY ORDERED

1. The Application is allowed.

2. The Judgment is hereby set aside.

3. By or before 4pm on 9 June 2022, the applicant shall either:

3.1. file with the Court and serve on the respondent a Statement of Case setting out the basis of the Claim; or,

3.2. give written notice to the court and to the respondent that the Claim will not be pursued.

4. There be no order as to costs in respect of the Application.

 

It means you write to the court and respondent and inform them you will not be continuing with the claim...I really cant explain it any simpler.

 

We could do with some help from you.

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Yes I get that.  I mean.  How do I stand afterwards.

 

Have you read their Skelton argument?  The solicitor I saw today said I can't argue that they would have to do a judicial review as it should of been done at set aside hearing.  I did not know this. 

I was happy to proceed on the basis that FOS stands and need JR to object but not where I have to prove it all again.  

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You didn't ask me that you asked....:-

 

Quote

How do I withdraw?  What do I put to make sure all is OK.

 

You PMed me the skeleton argument so you know I have read it.

We could do with some help from you.

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Yes I know.

 

I said "but I just need to know what doing 3.2 means in a whole."   What I meant was where do I stand after I withdraw.

 

I forgot you read the skelton argument.  

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Once you inform the court you do not wish to proceed...that is the end of the claim with regards to court procedure.....you are back as you where you started with your FOS award....unable to enforce it.

 

If you comply with 3.1 and file and serve particulars of claim...the claim proceeds and you get your chance at a hearing to argue your claim...backed by the FOS award...if you get judgment then you can enforce it by way of the bailiffs.

 

They cant set a side a second time.

 

 

 

.

We could do with some help from you.

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@AndyorchIf I did 3.1

In the whole picture of things as in eventually...

It means I have to go through everything with the evidence I have from day dot through the courts? If so what is the FOS decision for, I might of well done the courts in the first place?

I need to have all the details of what will happen and the full process etc as I still don't understand.

Their skeleton argument is what they will use for evidence etc and that WCFS are being framed as their defence and that they can challenge the Fos decision through th courts.  Mine is FOS decision.  

Also I thought FOS could only be challenged via JR.  Is that not correct? As far as I know it is correct.

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6 hours ago, Simmonds7 said:

Thank you.  I think understand now.

So 3.1 is disagreeing  that the CCJ should not be set aside and why I believe that. No...the set a side is done completed, they got it you cant object....3.1 will allow the claim to proceed if you submit particulars of claim by said date...and you wont pay a further issuance fee.

 

If I do 3.2 then that is end of it and im back to FOS decision again.  Can I do another CCJ at a later date? Correct and yes you can issue a further claim with the courts permission but you will have to pay the full issuance fee on a Fast track/ multitrack claim  which would equate to 5% of the value of the total claim ...ouch!

 

Quote

If I did 3.1

In the whole picture of things as in eventually...

It means I have to go through everything with the evidence I have from day dot through the courts? If so what is the FOS decision for, I might of well done the courts in the first place? True but it adds weight to your claim and you are simply presenting the FOS award in detail from yourself rather than trying to enforce the FOS award without your input.

 

I need to have all the details of what will happen and the full process etc as I still don't understand.

Their skeleton argument is what they will use for evidence etc and that WCFS are being framed as their defence and that they can challenge the FOS decision through the courts.  Mine is FOS decision.  

 

Also I thought FOS could only be challenged via JR.  Is that not correct? As far as I know it is correct. Im really not sure you would have to check that out but Im sure a District Judge would know if you presented that in your particulars of claim

 

 

Regards.

 

 

 

.

 

We could do with some help from you.

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You could but it would be pointless because they would either just ignore it again and set a side or they could defend it and you would be back to where you are now having to submit a particularised claim.

We could do with some help from you.

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  • 4 weeks later...

Should anyone find themselves in this very unique position in the future I think it is worth noting one aspect of Wellingtons submission.

The main thrust of Wellington's argument to be able to challenge a decision made by the FOS is detailed at paragraphs 9 & 10.

To summarise they refer to case law, namely Bunney v Burns Anderson Plc [2007] EWHC 1240 (Ch) in which a challenge was brought to a FOS decision.

Having read through the case above the main premise was that the FOS had made an award outside of its remit which was an award in excess of £100,000. This was the basis upon which the FOS decision was challenged.

Wellington have construed this to mean that a FOS ruling can always be challenged.

Should anyone face this situation again I think it would certainly be worth raising the point that the mechanism for challenge referred to in the case law above was made in response to the FOS making a decision outside of its remit. In the case of Simmonds7 the FOS appears to have made a decision which was within its remit and I don't think it would be difficult to construct an argument that this should limit the scope for challenge.

If anyone has the time or inclination to verify my summary feel free to correct me on any of the points above.

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I would also add that courts should not really be adjudging claims that are based  on a N322A. FOS determination ..its purely a mechanism to get judgment/enforce although in this claim I think a Part 8 rather than a Part 7 claim may have had a different outcome.

We could do with some help from you.

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You could issue a claim out of jurisdiction but the above claim may have to be discontinued or withdrawn...and you could face a risk if discontinued of costs as per CPR 38.6.As it is you have missed the deadline of 9th June and therefore this claim will not proceed.

We could do with some help from you.

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  • 3 weeks later...

I have it on good authority, to resubmit a fresh claim with FSCS against Wellington Court, reference your previous FSCS \ FOS claims and attach the FSCS\FOS decision letters.

 

The FSCS are accepting claims against WCFS but not paying any out claims until they resolve the discussion with the Irish Regulatory board and FCA about WCFS conduct.

 

Earlier this year I did complain to the Irish Regulator about WCFS.

 

Every little push helps and some light at the end of the tunnel to a successful resolution to this mess.

 

My new claim is in.

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Thank you.  I have put in a claim with fSCS against Wellington court and I also complained to the Irish regulator last year.  Fingers crossed we will finally have an end to this nightmare 

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I'm sure you will, Simmonds. Right is on your side but I understand that it's frustrating to wait this long for justice.

 

It's just a shame that Ireland has made it more complicated. I hope they take action against Wellington as well.

 

HB

Illegitimi non carborundum

 

 

 

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