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

[dx100uk]

On 19/11/2021 at 12:40, Simmonds7 said:

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 997.52 kB · 6 downloads

i would somehow ensure you file this FOS decision letter to the court before the n244 hearing date.

[Simmonds7]

Thank you guys so very much.  You have helped me 100%.  Ir really is appreciated.  As the amount on the CCj is wrong how to I change it or vary it to the correct amount with proof of new calculations?

 

Thank you all again.  I was very stressed and overwhelmed.

[mantis shrimp]

OK, so the application is just to set aside judgment. But if the judge soes this on grounds that the claim is unlikely to succeed, a strike-out application may follow. 

 

As to quantum of judgment, put in a statement explaining the mistake and how it was made, and explaining the correct figure. Ask the judge to set aside judgment to that limited extent or substitute the corrected figure. 

Edited February 8, 2022 by mantis shrimp

[AndyOrch]

Clerical mistakes in judgments or orders, or errors arising from any accidental slip or omission, may at any time be corrected by the court under CPR 40.12 without notice.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part40#40.12

 

[dx100uk]

Do you know what the right figure should be.?

 

Dx

[mantis shrimp]

See also Practice Direction 40B paras 4.1 to 4.5

PRACTICE DIRECTION 40B – JUDGMENTS AND ORDERS - Civil Procedure Rules

WWW.JUSTICE.GOV.UK

 

[Simmonds7]

We have hired an actuary company at a cost of £480 (money we don't have) to do calculations that can not be argued with. 

 

We get their report 17th February the latest and it will be in Euros and GBP to save time later on. 

 

Once we have this figure  and breakdown we will know the amount and where we went wrong.

[honeybee13]

I think that's a good idea to get actuarial advice. I read the method the FOS wanted Wellington to use and thought it looked pretty complicated.

 

HB

[Simmonds7]

Morning,  I have done some research and thought I should check my reasoning is correct.  

 

From what I gather by the Solicitors reference to Bunney v Burns Anderson Plc [2007] EWHC 1240 (Ch).

Is that they are going to try and prove FOS decision should be squashed and that they could win their case.

 

Is it true that......

once an Ombudsman decision has been made (and accepted by the complainant) the only official route of appeal is via a Judicial Review (JR).

PART 54JUDICIAL REVIEW
Time limit for filing claim form
54.5—(1) The claim form must be filed—

(a)promptly; and

(b)in any event not later than 3 months after the grounds to make the claim first arose.

(2) The time limit in this rule may not be extended by agreement between the parties.

(3) This rule does not apply when any other enactment specifies a shorter time limit for making the claim for judicial review.

Mr Justice Teare’s decision makes clear that financial services firms seeking to challenge, in the courts, decisions made by the FOS are limited to judicial review. They will not be able to challenge such decisions using section 69 of the Act.

In Berkeley Burke SIPP Administration LLP v Charlton [2017] EWHC 2396 (Comm), the High Court held that a determination of the FOS was not an arbitral award and therefore cannot be appealed under section 69 Arbitration Act 1996 (the “Act”).

 

As I thought that could be our argument.

 

Thank you for your help

 

[honeybee13]

Hi Simmonds. I expect the legal guys will be around later to advise.

 

JR is expensive, I wonder if they mean that or if it's just an idle threat.

 

Please don't do this unless @Andyorch thinks it's a good idea but I noticed in the ramblings for the set aside that they're saying the FCA agree that Wellington were framed by GM. The FOS didn't seem to think so. But there's an article online talking about the FCA telling Wellington to stop advising on some or all pension transfers.

 

IFA involved in local government pension transfers loses permissions | Money Marketing

WWW.MONEYMARKETING.CO.UK

---

The FCA has stopped a firm involved in transfers out of a local government pension scheme from engaging in such activity. 

 

HB

[Simmonds7]

That is correct and the FCA also put an asset restriction on WCFS Ltd too.  Could I contact the FCA and ask them to confirm her statement that they agree that Wellington were framed by GM.

[honeybee13]

I honestly don't know if the FCA talk to members of the public about this kind of thing, especially as it was between them and Wellington, assuming it happened.

 

Andyorch should be along later, let's wait for him first.

 

HB

[Simmonds7]

Ok thank you

[mantis shrimp]

re post #110, as a 'legal guy' it is unclear to me whether you are thinking of bringing a JR (I agree, don't go there!) or are saying Wellington should have done so.

 

Isn't Wellington's argument that the FOS award is not one that you have the right to enforce?  See:

 

Quote

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).

 

If your argument is that they are out of time to do so by JR, that would appear to have some force in dealing with the sentence after the one I have just quoted.

 

I tried to edit the previous post to clarify that while the point about time limit for JR is a good one, it does not answer the point made in the sentence that I quoted, i.e. whether you have the right to enforce the FOS award anyway.

Edited February 9, 2022 by mantis shrimp

[honeybee13]

Mantis, you have eight minutes to edit posts once they're up, you may have gone past that.

 

HB

[honeybee13]

Simmonds knows more about this than I do, but I found this online.

 

Won your Financial Ombudsman case but worried you won't be paid? · Debt Camel

DEBTCAMEL.CO.UK

---

After a Financial Ombudsman decision, almost all firms pay you within 28 days. But what can you do if they don't? Find out your options.

 

[mantis shrimp]

OK, half an hour of legal research has led me to para 16 of schedule 17 of the Financial services and Markets Act 2000:

Enforcement of money awards

16A money award, including interest, which has been registered in accordance with scheme rules may—

(a)if the county court so orders in England and Wales, be recovered under section 85 of the County Courts Act 1984 (or otherwise) as if it were payable under an order of that court;

(b)be enforced in Northern Ireland as a money judgment under the Judgments Enforcement (Northern Ireland) Order 1981;

(c)be enforced in Scotland by the sheriff, as if it were a judgment or order of the sheriff and whether or not the sheriff could himself have granted such judgment or order.

 

Bunney v Burns Anderson case: https://www.bailii.org/ew/cases/EWHC/Ch/2007/1240.html

 

I do not see how this assists Wellington.

 

[Simmonds7]

Mantis shrimp...When I read the case it confused me too as its not really relevant to the application in my mind but I could be wrong

[honeybee13]

I'm not convinced judicial review of the ombudsman is going to help Wellington much either, from what I've read this morning. It seems to be more about process than the decision itself. But I looked at the FOS database earlier and Wellington had the best part of a dozen decisions against them last year, so they would have an interest in challenging the ombudsman.

 

But some of this might be early because they're only meant to be talking about a set aside. I wonder if all the stuff about JR and other cases is to confuse things for the judge or if Ms Lozinska always writes like this.

 

HB

[mantis shrimp]

It could well be designed to bamboozle the judge.

 

I suggest the OP writes a clear logical statement of his argument that he will present to the court. This is so that in the hearing he knows the key points he needs to emphasise and get across to the judge. In particular para 16 (a) of schedule 17 as referred to in post #119: the FOS award can be enforced as a judgment of the Court.

[Jcb2007]

Hi Simmonds,

 

I've been following your latest posts and it makes my blood boil.

 

There are many FOS decisions against WCFS. 

I have reported them to the FCA and as honeybee states they were struck off from giving pension advice a while ago.

Although they still have one active IFA.

 

Please join the [removed - dx] and post,  as there are others like you starting to receive the same FOS decisions against Wellington Court. 

 

I believe the person at Wellington that signed most of the pensions into the GM SIPP DC80 was Neil Pratt. 

 

Have you got the DSAR showing that Wellington were paid fees in relation to your pension transfer ?

Hartley Pensions will have this as they took over the GM failed SIPPs.

[dx100uk]

external link removed , please read our rules.

 

dx

 

[Simmonds7]

Hi   

Yes I have the bank transfer proof it was one of the main pieces of evidence against Wcfs.

 

Hi,  does anyone know if what I found out about the JR time limit being 3 months is correct.  Thank you

[honeybee13]

Can you link us to where you saw that, please, Simmonds? I had a look too and did see three months mentioned, but nothing definitive. I've flagged the question for the site team in case someone knows.

 

Have you asked the FOS? Someone there must know, but you might have to be persistent to get to the right person.

 

HB

[mantis shrimp]

CPR 54.5

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part54#54.5

 

Rule 54.5(1):

The claim form must be filed –

(a) promptly; and

(b) in any event not later than 3 months after the grounds to make the claim first arose.

 

 

 

 

Edited February 11, 2022 by mantis shrimp
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