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

[dx100uk]

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[BankFodder]

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[AndyOrch]

There is no requirement for you to respond to their requests by 4th May. This is a set a side hearing to see if they have legal grounds to set a side the default judgment.....not defend the claim.....if they want answers they should have defended the claim promptly at time of issue.

 

You don't help a party in its application to set a side your judgment...if their application is successful then that's a different matter as disclosure and statements will follow and verify as per due process.

 

Also i cant see a copy of the particulars of claim nor a copy of their application N244 and statement in support of said application.?

It would be advisable to submit a statement in response to their application to the court with objections and reasons to the application...this must be submitted not less than 7 days pre hearing.

[Simmonds7]

Thank you Andyorch.  I will private message required files as WCFS ltd solicitor is following this thread. 

[AndyOrch]

Quote

 I will private message required files as WCFS ltd solicitor is following this thread.

 

Irrelevant if they are...we prefer everything to be on the open forum please.

[Simmonds7]

Ok. 

 

Here is WCFS Ltd application to set aside

Full N244 (2).pdf

[AndyOrch]

Pity they didn't submit all that gubbings in response to the claim when it was issued......within the legal required time to respond not a single legal reason contained within that statement why the Writ should be stayed or the judgment be set a side.

 

Within your particulars of claim did you request sec69 interest at 8% on your judgment ? I noticed within their last letter they were querying the Interest and why you had claimed it up until Oct 22 ?

[Simmonds7]

Here are my workings out that I original used for CCJ

 

I haven't claimed it upto that date but that is the date I can then add another 8% interest as FOS decision tated it can be added yearly.

WORKINGS OUT FOR CCJ.pdf

[AndyOrch]

Okay thanks I don't really want to get involved with the miss calculation aspects and the FOS and what they they have stated...purely looking at the court process and N1.

 

Did you request 8% section 69 within your particulars of claim on the N1 ?  

 

Section 69 interest award would have been notified in your Notice of judgment...you are entitled to this interest from the date you were denied access to this award (the date the FOS found in your favor)  amount up until the date of judgment and given what you have stated re the FOS above up until payment. This will be a significant amount assuming the court allowed the full 8% so therefore your figures (judgment amount /court fess and High Court Enforcement fee) may not be that far out from the amount claimed ?

[Simmonds7]

Here is original claim

 

 

Original CCJ

 

Order for recovery of award.pdf

Edited May 3, 2022 by dx100uk
pdf's merged

[AndyOrch]

Great thanks...so he awarded full 8% interest together with any further interest payable.

 

Now you should submit a witness statement in response to their application as already advised. You will have to move fast given the application hearing is imminent as ideally it must be filed and served not less than 7 days hearing.

 

A basic introduction as to why you were awarded the amount the date you issued the claim and lack of response from the defendant.

 

Your attempt and date to enforce the Judgment and a short response to why the defendants application should be denied...again as stated there is no valid legal reason why the writ should be stayed or why the judgment be set a side.

 

Conclude the statement with the correct up to date figure required (including interest at 8% up until the date of the hearing) and a brief paragraph as to how the initial figure was incorrectly calculated but dont do this if the latest figures are not that far out from the original amount awarded by the court IE £92,606.

 

Finish with the current Statement of Truth. Sign and date

 

Post a copy of your statement here before submitting.

 

 

[Simmonds7]

In reference to the hearing of the defendant’s application dated 22/12/2021.

Claimant is attaching evidence regarding defending the CCJ an High court Writ for

the 12th May 2022 at 10am.

In the application notice N244 Q10 it states to refer to the enclosed document

“Defendants Application to set aside the judgement dated 25.11.2021 and stay of writ

of control dated 1.12.2021 with exhibits” q11 was signed by Andriana Lozinska who states she is company director of Wellington Court Financial Services Ltd and gives the address in Ireland for documentation to be sent to.

 

Claimant will base defence

on these documents.

Administration and Responsibilities of a Branch there is unlimited liability. The debts will be compulsorily assumed by the

parent company without limitation since it depends on the activity of the branch. 

The FOS stated in their Final Decision “Mr S’s complaint was in the jurisdiction of the

Financial Ombudsman Service. I was satisfied that Mr S was an eligible complainant, the activities in question were carried on from an establishment in the UK, Wellington Court is a regulated business and Mr S brought his complaint within the relevant time limits. I was also satisfied that the activities complained about fall within our jurisdiction because they relate to acts or omissions in carrying on the regulated activities of advising on and arranging pensions and investments.” Financial Ombudsman services (FOS) legally binding on the company final decision has been

attached.  

 

Claimant has attached correspondence that was received from the High court sheriffs

stating that all paperwork was sent to the company at their registered address in Ireland. Claimant has attached the paperwork from the CCJ which shows that the

court in Exeter sent the paperwork to Wellington court financial services Ltd address in UK. It seems very unlikely that neither of the paperwork sent would not have

arrived.

The claimant made contact via telephone and spoke to Andriana Lozinska who stated

she was secretary to wellington court financial services Ltd in February 2020 and made a verbal complaint which was followed by an email with attached letter again stating complaint. After

this failed communication claimant went to the Financial Ombudsman services (FOS) who investigated claimants claim and evidence against Wellington court

financial services Ltd. The FOS made their final decision in claimant favour on

Friday 22 October 2021 which gave the company 28 days to comply with the legally

binding decision, and even though the claimant emailed defendant several times during the 28 days to

communicate regarding payment no reply was received until Friday 19th November

2021 which offers no resolution or payment. Claimant emailed

defendant again stating legal steps will be taken and how they will be taken. No resolve made and form N322A was filed at court on Tuesday 23 November 2021. CCJ was awarded though N322A, a copy was sent to defendant and high court sheriffs was contacted to proceed with required filing of paperwork at court to gain High court writ of control. It has been nearly 2 years since first contact was made with defendant and no resolution has ever been made or offered.

*Attached is FOS final decision and how they came to that conclusion.

*Attached is Explanatory notes concerning enforcement of an ombudsman (CCJ)

*Attached are copies of emails received from High court sheriffs.

*Attached are copies of emails sent to defendant explaining the process before applying to the court via N322a

There was not a time limit imposed on the CCJ and claimant was within his legal right to gain a High court writ with no time limit. On 1st December 2021 High court

sheriffs posted the High court Writ to the head office in Ireland for Wellington court financial services Ltd and by law must give 7 clear working days from this date before

enforcing but waited 20 days in total.

The Claimant has followed the correct procedure during the whole process and the CCJ and High court Writ should NOT be set aside as the defendant has no legal

reason. 

 

Section 228(5) Financial Services & Markets Act 2000 (FSMA) states that FOS decisions are ‘final and binding’ i.e. once they are in effect,

they are there to stay. Once the FOS have made their decision,

the court need not go into the merits of the case, as the FOS

will have already made a determination on the facts of the

case. This is provided for in paragraph 16 of Schedule 17 FSMA, which ensures that a court can order that a FOS decision is then awarded as if it were an order of the court. 

At this stage this process is merely administrative, not

adversarial as the merits have already been considered by the

FOS. Because the purpose of the court proceedings that will be

brought, are simply to enforce a FOS decision. 

An application has to be made to the court to give the FOS decision the effect of the court order.

The N322A is for the enforcement of awards where the court’s

permission is required to give the effect of a Court Order, which applies to FOS awards as the FOS award does not have the effect of a Court Order until the court so orders.

When making the N322A application, the relevant law

allowing enforcement must be referred to; so in the case of

FOS awards this is Section 228(5) FSMA, which makes such

awards final and binding, and paragraph 16 of Schedule 17

FSMA, which allows a court to order the FOS decision may be

recovered by execution as if it were Court Order. when Form

N322A (with evidence of course) is filed, the court, without a

hearing, orders that the money award be recovered by

execution issued from the court as if it were payable under an

order of that court.

 

There is no valid legal reason why the writ should be stayed or why the judgment be set a side.

 

The defendent is acting in a manner that is, at best, obstructive and at worst seeking to deliberately avoid the decision of the Fos.

 

The claimant believes that the facts stated in the defence are true. The claimant understands that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

 

 

 

 

 

 

 

 

 

 

 

[Simmonds7]

Andyorch is this OK?  Will need to send it tomorrow.

[AndyOrch]

I'm afraid its not...totally unsuitable in opposing an application of this nature to set a side/stay a warrant. You are not repleading your case same as the defendant with their statement they are not getting another chance to submit a defence.

 

Applications of this type are based on legal reason why a court should reverse a decision.....as already stated there is nothing in their statement why they didn't submit a defence on time or why the Warrant should be stayed.....there simply is no legal grounds.

 

As such your statement should simply reflect that...not regurgitate all the details of the claim and a timeline of events.

 

I will draft you are response in the morning ...statements take time....hours to draft and the hearing is not until the 12th May I believe therefore we have time to prepare thoroughly...not rushed. 

[Simmonds7]

Great thank you

[AndyOrch]

Please check for accuracy and dates time line etc.

 

 

In the County Court of Exeter.pdf

 

Regards

 

Andy

[honeybee13]

Thank you for helping, Andy.

 

HB

[AndyOrch]

[Simmonds7]

That you Andyorch you have helped beyond words.  

[AndyOrch]

You are very welcome...as said check it over and attach the exhibs as marked and insert the date of the FOS award and fresh calculations....run 3 copies court/sol/ file and get them away today ...get proof of postage.

 

best of luck for the 12th although you really shouldn't need it.

[Simmonds7]

Sorry what are the 3 copies to go to? and do all 3 get posted to Court?

[AndyOrch]

No 1 to court obviously, 1 to the solicitor and 1 for your file so you have a copy to refer to at the hearing 

[Simmonds7]

Great thank you.  Is email OK as well as post?

[AndyOrch]

Probably wise to attach a copy of the calculation award as an exhibit also

[Simmonds7]

Is that the original N322a form or the CCJ