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

[Simmonds7]

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

 

The Civil Procedure (Amendment No. 4) Rules 2000

WWW.LEGISLATION.GOV.UK

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These Rules come into force on the same day as the majority of the Human Rights Act 1998. They add to the Civil Procedure...

 

 

 

 

I find FOS totally useless once final decision is excepted.  They really don't want to know.

[honeybee13]

I can see that an ombudsman would think their involvement had finished. But they must have legal people who deal with JRs.

 

Good spot about the rules. I wonder if there's an updated version of them or if the 2000 ones still stand for JR.

 

HB

[honeybee13]

Andyorch just sent me this.

 

Knowing your limits: limitation periods for judicial review claims - Luqmani Thompson & Partners | London

LUQMANITHOMPSON.COM

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Let’s face it, we’re all guilty of putting things off. A "limitation period" is a legal mechanism which aims to prevent this, providing a deadline for...

 

HB

[Simmonds7]

Thank you for confirming this.   

 

I can argue that the limitation 3 months have passed to prove that most of her reasons to challenge are void.

[Simmonds7]

Sorry to be a pain but someone pointed out that as WCFS are only in operation in Ireland now that my FOS ruling has no jurisdiction over there.  So if I win or lose this set aside will I still be able to enforce it in southern Ireland because of brexit?  

 

Any help is appreciated.  Thank you

[Jcb2007]

My understanding from another victim of WCFS, is that the FOS advised that the decision still stands as WCFS were active in UK at the time. Check with your FOS case handler.

[Simmonds7]

Thank you Jcb2007

[honeybee13]

Simmonds, Andyorch has sent this for you.

 

Cross-border enforcement of judgments between Ireland and the UK has until now also been governed by the Brussels Recast Regulation. This provides for enforcement of judgments essentially 'as of right' between EU member states.

 

While the Brussels Recast Regulation generally ceases to apply to enforcement of judgments in or from the UK on 31 December, in practice the transitional arrangements under the EU/UK Withdrawal Agreement mean that the existing regime will continue to apply to the enforcement of judgments between the UK and Ireland for some considerable time to come. This is because the Brussels Recast Regulation will continue to apply in cases where proceedings were commenced before 11pm on 31 December 2020.

 

For cases begun after that date enforcement will take place under a combination, again, of common law rules and Hague 2005. These rules do provide for enforcement of foreign judgments, both in the UK and Ireland, but the procedure is likely to be more costly and in some cases less reliable than under the Brussels Recast Regulation.

 

Post-Brexit pinch points in UK-Ireland cross-border disputes

WWW.PINSENTMASONS.COM

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Brexit will cause disputes related to trade between the UK and Ireland, and the Brexit process will make those disputes more complicated in three...

 

HB

[Simmonds7]

Thank you that brilliant.  Can I just check what it means by proceedings were commenced before 11pm on 31 December 2020.  Started with Fos in March 2020 but CCJ was 2021

[AndyOrch]

Date of Brexit and change to enforcing judgments/ jurisdiction rules...so yours is post brexit....your judgment date is post.as per above post.

[honeybee13]

Simmonds, when is the set aside hearing please?

 

HB

[Simmonds7]

Thank you.  It's like a never ending struggle with this company.

[mantis shrimp]

7 hours ago, Simmonds7 said:

Thank you that brilliant.  Can I just check what it means by proceedings were commenced before 11pm on 31 December 2020.  Started with Fos in March 2020 but CCJ was 2021

When did you issue the claim form? 

[Simmonds7]

Honeybee13.  Set aside hearing is now 12th May.

 

Mantis shrimp the CCJ was issued November 2021.

[Simmonds7]

Hi everyone,

 

I have actuary workings out on what is owed.....total would be £75,632.80.  My CCJ and high court writt is for £86,674.40.  How do I get the amount changed?  Do I just write a letter and say that due to human error the amount is wrong and send my workings out and actuary workings out to prove it?  How do I word it?

 

Any help is appreciated 

 

Thank you all

[dx100uk]

On 07/02/2022 at 22:52, Andyorch said:

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

 

 

 

 

 

.

[mantis shrimp]

Think it through very carefully. Any hint of uncertainty in respect of the amount may well be seen as tipping the balance in favour of setting aside the judgment. 

[Simmonds7]

Mantis shrimp...

12 minutes ago, mantis shrimp said:

hint of uncertainty in respect of the amount may well be seen as tipping the balance in favour of setting aside the judgment.

It's not uncertainty I know the amount is wrong but it's not deliberate.  

I thought I could do 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.
Correction of errors in judgments and orders

40.12

(1) The court may at any time correct an accidental slip or omission in a judgment or order.

(2) A party may apply for a correction without notice.

 

I really don't want the CCJ set aside as she has now closed the UK branch so I can not get another one against her without going to Southern Irelands courts.

[mantis shrimp]

well, simmonds, you will have to explain why in your view this is just a slip. Slips do not need actuarial evidence. 

 

Your opponent's barrister will argue forcefully that it is much more than that. 

 

As I said, take great care how you do this, indeed whether to do this. 

Edited March 2, 2022 by mantis shrimp

[dx100uk]

DONT USE DOCX

all your details are in file info/properties

and you must remove claim number in the text

 

post hidden

[dx100uk]

On 07/02/2022 at 22:52, Andyorch said:

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

 

 

 

 

 

.

[Simmonds7]

Ok.  Thank you 

[honeybee13]

Simmonds, I read the instructions from the ombudsman and FWIW, I thought they were pretty complicated, so it's understandable that you made an error. At least you're showing good faith  by paying to get the right figure and in any case Wellington were meant to be doing the calculation. 

 

HB

[Simmonds7]

Thank you honeybee13.  I know its best to bring it up at the hearing but I do stress as I know its wrong now.  Hopefully all will go well.

[razzell1991]

Dear All

 

I am a solicitor specialising in financial negligence. I am acting for a client with a recent FOS decision upheld against Wellington. I am sorry to hear of what appears to be collective difficulty in enforcing these determinations. I have experience of this.