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

[AndyOrch]

No the actual calculation of the SIPP amount......corrected.

[Simmonds7]

Got it.  Thanks  

[AndyOrch]

Also don't forget to add your HCEO fee

[Simmonds7]

Well 12th is getting closer.  Got their legal paperwork today.  Help and advise please.

2022 05 10 Defendant's skeleton FINAL(14614304.3).pdf

[Jcb2007]

I've read their document and it comes across as they are desperate. I laughed at the bit where they stated they had no relationship with you, yet they happily took their £480 fee (BTW same in my case).  Have they forgotten they are regulated and where was their due dilligence? I understood the FOS decision was legal and binding.  I have everything crossed for you and the champagne on ice. 

[honeybee13]

Fingers crossed for today, Simmonds, please let us know what happens.

 

HB

[Simmonds7]

Will do honeybee13.  Thank you

[honeybee13]

Do you know what time the judge is going to look at this?

 

HB

[Simmonds7]

10am.

[honeybee13]

Oh right, not too long to wait then.

[Simmonds7]

CCJ has Been set aside.  Judge says FOS still stands and needs payment and gives 28 days to take WCFS to court.  We can't afford to take them to court.

[honeybee13]

Hi Simmonds.

 

That's disappointing. 

 

Do you have this in writing please? It would be useful to see it in order to advise. 

 

HB

[Simmonds7]

Here is what I got from WCFS solicitors. 

 

They got it set aside stating that FOS do not have a public register with the cases on. 

Even though I said there is one but it is MR S and it should be full names disclosed. 

Also that all be it small there is a chance they could win a defence.

 

2022 05 10 Defendant's skeleton FINAL(14614304.3) 1.pdf

 

Simmonds v WCFS Order.pdf

[FTMDave]

So disappointing but not a disaster.

 

Your court claim is still active.

[Simmonds7]

My question is

if I choose to give written notice to the court and to the respondent that the Claim will not be pursued does my FOS final decision still stand? 

 

Is it just the CCJ that I am not pursuing?

[honeybee13]

I think we may need @Andyorch for this one, Simmonds. Hopefully he'll be along later today or tomorrow.

 

HB

[Simmonds7]

Thank you Honneybee13

[FTMDave]

As a total layman, my impression is that the FOS decision is set in stone.

 

However, you can only enforce it through the courts, and if you don't do so then you go nowhere.

 

Even worse, should you discontinue now, you'd never be able to resurrect a legal case in the future, as the matter would already have been litigated on.

 

However wait for Andyorch, he has vast experience and knows every detail of court procedure and will be able to be much more precise.

 

I don't understand why, having decided to take court action, you now don't want to continue.

 

 

[Simmonds7]

Thank you.

 

Reasons are

1. Exhausting and stressful

2. Financial unable to afford legal representation and WCFS Ltd had a solicitor and a lawyer grade B and grade A at the set aside let alone a court case they would probably have a baraster.  I am at a mega disadvantage.

[honeybee13]

I understand it's tiring and I'm so sorry about how this firm has behaved. Please don't give up yet, see what Andy thinks your options are. You might feel differently after a night's sleep.

 

HB

[Simmonds7]

Ok.. I will do

[Simmonds7]

After a  good sleep I am feeling refreshed.  @Andyorch what happens next plz.

[AndyOrch]

I'm just reading through the whole topic from start.

 

Firstly how did you submit your claim ? Manually or though MCOL or via your local county court ?

[Simmonds7]

Via post

[AndyOrch]

Post to where ? Local county court or MCOL Northampton or manually through Salford CCMCC ?