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

[Simmonds7]

Here is the form WCFS Ltd submitted

 

 

 

 

 

 

defendants application to set aside.pdf

[honeybee13]

Apologies, I'm not clear if you want advice with this or are just sharing the documents with us. Their reasons don't seem to accord with what the ombudsman said.

[Simmonds7]

I tried but it wouldn't let me add the file when altogether saying it was to large

 

This was WCFS reasons to have CCJ set aside.   Then Friday they appointed a solicitor who sent this email.....

 

Dear Sir,

Our client: Wellington Financial Services Limited

We have been instructed to act on behalf of our above named client. We enclose a copy of the notice of acting which we have filed with the Court. Please ensure that all future correspondence in respect of the proceedings are directed to this firm and not our client. 

We note that you have made an application to the Court to enforce the award made by the Financial Ombudsman. The amount set out in your application is £85,854.98. 

As you will be aware, the Financial Ombudsman provided details of a specific calculation to be carried out to ascertain the extent of the alleged loss. Please provide evidence to show (i) how you arrived at the figure of £85,854.98 and (ii) evidence that you have completed the calculation in line with the Finance Ombudsman’s requirements. 

Please provide this information within the next 7 days, namely by 3 February 2022.

Yours faithfully

 

My question is do I have to reply? 

Do I have to give the solicitor this information? 

Can solicitor add this during the hearing on 8th Feb and get CCj set aside.  

 

Thank-you all for your help

[dx100uk]

p'haps if it goes to a full hearing yes.

 

they've gotta win the set aside first though i believe. as the fact they are wanting is not really that important to if/if not they get it, but might be later in terms of checking the correct is sum . at present what that sum actually is IMHO is pretty immaterial  

 

[Simmonds7]

Sorry I don't understand what you mean.  Also full hearing for what?  Thank you

[dx100uk]

Well if they get the set aside, then ofcourse there would be a full hearing. As its just like your defendant had just received your original claimform not lost by default.

 

Dx

[Simmonds7]

Ah I see.  I didn't get the CCJ on default but by FOS and form N322a.  No hearing was needed.

[Simmonds7]

HELP ME PLEASE....I'm so stressed and feel mega confused.

 

As you know WCFS are trying to get CCJ set aside.  Now we have learnt the amount on the CCJ is wrong.

 

Here is WCFS solicitors latest application......

 

"We request that the hearing currently listed on 8 February 2022 is relisted on the basis that the time estimate designated by the Court will not be sufficient to hear the representations being made by the parties.

The Defendant will be making representations to dispute the Claimant’s entitlement to enforce a FOS award by reference to the case of Bunney v Burns Anderson Plc [2007] EWHC 1240 (Ch).

 

In this case Lewison J held that ‘where a defendant to a claim wishes to challenge a public law decision as part of his defence, the court does not have any discretion to refuse to allow him to do so, unless either the raising of the defence is an abuse of process or it has no reasonable prospect of success’.

 

This will involve technical representations from Counsel 
and it will not be possible to be dealt with by the Court in 30 minutes
The Defendant will also be seeking to challenge the amount sought by the Claimant in its application to enforce the Ombudsman decision.

 

Based on the information currently available, it does not appear that the Claimant has complied with the Financial Ombudsman’s method to calculate the loss. 

In line with the overriding objective, we think it would be sensible for the hearing to be relisted to ensure there is sufficient time allowed to deal with all of the issues in one hearing.

We consider that an appropriate time estimate for the hearing would be at least 3 hours. We ask that the Court re-lists the hearing on this basis."

 

Spoke to a solicitor today who told me FOS final decision are only recommendations and not legal and that the 3 hours court hearing is going to have barrister representing WCFS and we are going to have to defend the claim with all evidence like a court hearing. 

 

I feel sick.  I CANT afford any representation.  I have disabled kids and no money to fight this 

 

Can I write and ask court to withdraw my CCJ??

 

Help please

Full N244.pdf

Edited February 7, 2022 by dx100uk
Spacing

[honeybee13]

Hi.

 

I'll flag your post for our legal guys, they'll know what to do.

 

HB

[Simmonds7]

Thank you honeybee13

[honeybee13]

@Andyorch and other legal people are usually around later in the evening so please bear with us.

 

HB

[mantis shrimp]

OK, they are clearly going to argue that as a matter of law, your case has no prospect of success. 

 

This is going to be about detailed legal argument. You will need to understand that Bunney v Burns Anderson case in fine detail, and to be able to respond to arguments based on it. Other cases may also be cited. 

[dx100uk]

But its only a set aside hearing , not a full hearing, theyve got to win that first. Then get a full hearing where a trivial matter of a slightly wrong sum can be trashed out. Its not rocket science and you dont need a barrister.

 

stop stressing out over std tricks that most firms will pull, they do it to exactly make you do what you Are repeatedly doing ..going WàaaaAAaaaaaa running around waving your arms in the air.

 

Dx

 

 

[Simmonds7]

I am unable at present to afford to get legal representation and the amount on the CCJ has been mis calculated.  I want to discontinue with the CCJ at present to save on legal costs.  I have the application to file a notice of discontinuance, do j need to do anything else?

 

  I need a breather, the stress is to much right now.  Once I get my fight back and can afford legal representation I will start the process againa s the FOS decision is still there.

[dx100uk]

No!!

stop falling for their bs!!

DX

[Simmonds7]

Dx100uk Can you representation me?  I know the amount is wrong and I am getting no where.  I am in the dark.

Edited February 7, 2022 by Simmonds7
Phone added word that I didn't mean to have in sentence

[mantis shrimp]

Looking at the quoted letter, if the judgment is set aside on those grounds, it would not surprise me if an application to strike out the case were to follow. 

 

Look again at the application to set aside judgment. Are you certain that it does not also include an application to strike out the claim under CPR rule 3.4.?

[dx100uk]

3 hours ago, Simmonds7 said:

 

Based on the information currently available, it does not appear that the Claimant has complied with the Financial Ombudsman’s method to calculate the loss. 

 

Is the matter at hand, might be slightly wrong, not totally wrong, they still owe you, all that very simply needS to be done is justify your calc method, prove you are correct, or show your workings and admit a slight mistake, not the whole claim is flawed which they claim, and thats for the full hearing not a set aside 30mins quicky, you dont need anyone to do that for you.

[mantis shrimp]

Yes, I had seen the supporting statement (post 76).  You have not shared the first page of the application notice. 

[mantis shrimp]

If you discontinue the claim, you may be liable to pay defendant's costs. 

 

Take advice before doing that. It may well not be your best course. 

[dx100uk]

Who says the application has been accepted and granted by the court..

the court just doesnt do that without consulting you the claimant first im sure..

[AndyOrch]

You cant discontinue your claim...the claim is now complete...and with a Writ...their application simply requests that the Writ be stayed and the CCJ be set a side their reasons for the set a side are weak and not really legally sound to support such a set a side.

 

Supporting statement...or rather late defence... gives no grounds as to why it should be set a side..nor does it explain their in activity in dealing with the claim in the first place....rather repetitive and boring and Im sure the DJ will agree.

 

No chance of 3 hours for this type of application...as stated its not a trial its a hearing to consider if such an application has grounds....30 mins tops if that.

[Simmonds7]

Andyorch what about the amount being wrong?

 

[AndyOrch]

Raise it at the hearing the Judge will advise...but have  the correct amount to hand and explanation has to why its incorrect.

 

 

 

.

[dx100uk]

full n244 is now merged and in the op's 1st post of today