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

[Simmonds7]

Exeter as it was closest court to WCFS

[dx100uk]

On 29/01/2022 at 07:40, Jcb2007 said:

The FOS decisions against Wellington CFS are mounting up. 

 

https://www.financial-ombudsman.org.uk/decision/DRN-3208274.pdf

 

https://www.financial-ombudsman.org.uk/decision/DRN-3207640.pdf

 

re:

Quote

 

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. 

 

 

[AndyOrch]

Okay was just checking....as it must be a local county court to enforce a N322A.

 

I have researched what the process is and must be applied in enforcing this type of order as its quite rare we see them on the forum.

 

Action by the court 

An officer of the court can give the court’s order. It does not have to go before a district judge. It is not a judgment but has a similar effect, including registration by Registry Trust Ltd. If it is satisfied with your application, the court will

• make the order:
• serve form N322 on the respondent (the debtor) which orders them to pay the total sum, including the court fee.

The court will send you a copy of the order on form N322. This shows the case number and the terms of the order.

 

 

Follow-up action

Where payment is not made within 14 days of the order, or the debtor has not contacted you regarding payment,

 

 

Once you have judgment Where appropriate, the court will :-

• enter judgment on form N30, N30(1) or N30(2) [Judgment for Claimant], and

• send copies to

  • the judgment debtor (the defendant) together with leaflet EX20 ‘Paying your judgment - what do I do?’
  • the judgment creditor (i.e. you as claimant)
  • Registry Trust Limited (DMBM666350).

The judgment

• orders the judgment debtor to pay direct to the creditor either

  • forthwith (that is, immediately)
  • in one sum on a given date
  • by instalments, or
  • a lump sum on a given date followed by instalments
• warns of the consequences of non-payment
• is accompanied by a leaflet giving advice about payment.

Where judgment is entered in your favour, you will have all the court enforcement methods available to you (depending on the type of debt) if the judgment debtor defaults on (that is, does not comply strictly with the terms of) the order for payment.

 

Applications to set a side.

 

Opposing the application

If you intend to oppose the application to set judgment aside, you need to demonstrate to the court that there was an underlying debt that formed a sound basis for the judgment when judgment was entered. You should confirm to the court that:

• the action was correctly started
• judgment was properly entered against the judgment debtor
• you have advised the judgment debtor that there are no grounds for setting judgment aside.

Decision of district judge

The district judge will decide whether or not to grant the judgment debtor’s application. If, despite your representations, the district judge decides in the judgment debtor’s favour, you should accept the decision with good grace, but you should ask that the judgment debtor be debarred from making any application for costs against you.

 

So the above is the general process for followers of this thread.

 

 

 

 

[Simmonds7]

Thank you @Andyorch what do I need to do now?  Set aside was granted and Judge gave me 28 days 

[AndyOrch]

Now back to yesterday and your initial post.

 

Quote

CCJ has Been set aside. For what reason ?  Judge says FOS still stands and needs payment Expand did he explain how when ? and gives 28 days to take WCFS to court. You already have taken them to court your claim was set a side and its your choice if you wish to proceed   We can't afford to take them to court. Did the judge state you would have to issue a new claim ?

 

Did you not take any notes during the hearing or ask the Judge what reasons for allowing the set a side what option's are available to enforce the award ? We are trying to help you in this matter but its really hard with the limited information you provide and to be honest sometimes like trying to get blood out of a stone.

[Simmonds7]

To be honest they were using loads of legal quotes and stating court cases.  I didn't have a clue 99% of the time what they were nearly about.

 

From what I gathered.. .

The CCJ was not by a judge and he wasn't sure who ever stamped it had legal authority to do it.

 

WcFS used a court case saying the judicial review is not the only  was to challenge FOS and that they had a right to defend themselves in court.  Judge agreed or though judge said he doubts the decision would be different but couldn't say for sure.

 

WCFS said that the FOS did not make public the required paperwork on a public register as not sure if it was 3.7 or 3.9(r)

 

That is all I can remember.  I was overwhelmed, stressed and out of my depth, alot of it was a blur.

 

 

[Simmonds7]

Last words Judge said was FOS stands and needs to be paid but WCFS won't do that as they want to challenge it.

 

WCFS last words was we had nothing to do with this and feel sorry for you.

 

Nothing was explained and Judge left abruptly.  I was left with not knowing where I am supposed to go from here.

Edited May 13, 2022 by Simmonds7

[AndyOrch]

When you submitted your claim and attached a copy of the N322A did you have to pay a fee for the court claim through Exeter CC ?

[Simmonds7]

Yes £47

[Simmonds7]

ORDER UPON hearing counsel for the respondent and the applicant in person

AND UPON the respondent’s application dated 22 December 2021 (the Application) to set aside judgment entered on 25 December 2021 (the Judgment) giving permission to enforce an Award of the Financial Ombudsman Service dated 22 January 2021 against the respondent (the FOS Award) relating to a claim that the respondent is liable for losses arising from a transfer of the applicant’s pension to a self-invested pension plan administered by Guinness Mahon Trust Corporation (the Claim) AND UPON reading the papers noted on the court file as having been read

 

IT IS HEREBY ORDERED

1. The Application is allowed.

2. The Judgment is hereby set aside.

3. By or before 4pm on 9 June 2022, the applicant shall either:

3.1. file with the Court and serve on the respondent a Statement of Case setting out the basis of the Claim; or,

3.2. give written notice to the court and to the respondent that the Claim will not be pursued.

4. There be no order as to costs in respect of the Application.

 

 

 

[AndyOrch]

Excellent so the claim is proceeding (should you wish) ...making sense now.

 

Just adding some information for future..

 

 

Enforcement of decisions of bodies other than the High Court and the County Court and compromises enforceable by enactment

4.1 The information referred to in rule 70.5(2A) must–

(a) be included in practice form N322B or, where paragraph 4.1A applies, in the practice form required by paragraph 4.1A(2);

(b) specify the statutory provision under which enforcement or the recovery of a sum of money is sought;

(c) state the name and address of the person against whom enforcement or recovery is sought;

(d) where the decision or compromise requires that person to pay a sum of money, state the amount which remains unpaid; and

(e) confirm that, where a sum of money is being recovered pursuant to a compromise, the compromise is not a conditional compromise.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part70/pd_part70

 

 

Enforcement of decisions of bodies other than the High Court and the County Court and compromises enforceable by enactment

70.5

(1) This rule applies, subject to paragraph (2), where an enactment provides that –

(a) a decision of a court, tribunal, body or person other than the High Court or the County Court; or

(b) a compromise,

may be enforced as if it were a court order or that any sum of money payable under that decision or compromise may be recoverable as if payable under a court order.

(2) This rule does not apply to –

(a) any judgment to which Part 74 applies;

(b) arbitration awards;

(c) any order to which RSC Order 115 applies; or

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part70#IDAQB0HC

 

 

https://www.financial-ombudsman.org.uk/decision/DRN6050877.pdf

 

 

 

.

 

[Simmonds7]

Sorry can you dumb it down for me please.

[honeybee13]

I don't understand all of it either, Simmonds but I'm sure Andy does.

 

Fwiw, my take on the last link, to the ombud's decision is that it's the same MO from WCFS as Mr R, your case and jcb's by the sound of it. First, deny the relationship and fail to provide any paperwork although there should have been a full process, written explanation and so on from Wellington for a SIPP investment. Then it turns out that they were quite happy to accept commission on the investment, as proved by bank statements.

 

After that, they claim they were stitched up by the SIPP provider and somehow it's all someone else's fault.

 

HB

 

 

[Simmonds7]

Thank you Honeybee13.

 

@Andyorch  could you explain please what the two options for courts request on the 28 days.  As I don't understand it.  

 

I nearly got an £11 grand Bill for set aside so am very nervous 

[AndyOrch]

A statement of case (claim) is a fully particularised  statement of claim - particulars of claim up to now you have not had to do this but simply submit the FOS findings as the basis of your claim. The particulars of claim will be your account of why you made the claim what the FOS determined and the details as to what you are actually claiming. No evidence required at this stage that will come later at allocation unless the court bypasses allocation given this is a Multi Track claim and moves straight to directions. 

 

This is of course assuming you wish to proceed.

 

Its notable that in the above order the Judge denied costs for this allocation (11K) and may be a signal that their application to set a side was given the benefit of doubt rather than any legal standing.

[honeybee13]

So how are you feeling about this now, Simmonds? Do you feel up to putting a document together for the judge?

 

HB

[Simmonds7]

@Andyorch  allocation unless the court bypasses allocation given this is a Multi Track claim and moves straight to directions. 

 

What does this mean?

 

We are unable to afford legal fees. 

 

Spoke to solicitor today for an hour consultation and she says we will have to go through the courts and prove breach of contract etc and are looking at 2 to 4 years at £45,000 costs

[AndyOrch]

Once a claim has been set a side...the normal process if you had not got a default judgment would be for the claim to move to allocation stage...this allocates the claim to the respective court track (Small claims/Fast Track/Multi track) and transfers the claim to the litigants home court (its already at yours).The Notice of allocation gives the courts directions on how the claim will proceed..parties to submit statements evidence etc by a given date and informs you of the hearing date.

[Simmonds7]

We have had enough.  We want to keep FOS decision and leave the courts behind.  She has shut UK branch down and run back to Ireland.  All her other companies that she has she has now moved to Spain.  She is leaving UK and running.

[honeybee13]

Do you know what the status of the Irish company is, Simmonds? I'm not wanting to cut across what Andy thinks, but in a way life would be easier for you if both companies close and everybody is able to claim from the FSCS.

 

I don't know if @Jcb2007has information on this at all.

 

HB

 

 

[Simmonds7]

As far as I'm aware it is trading but it would be so uch easier if she would shut shop.

[FTMDave]

We all understand the immense stress this has caused you.

 

However, consider this.  90%+ of Caggers are successful in court, and in 90%+ of those cases the other party has a solicitor.  Yet the Caggers win.

 

Solicitors can be useful but they can't perform miracles.  A rubbish case is a rubbish case.

 

You convinced the FOS and are highly likely to convince a court.

 

You don't need a solicitor - CAG is here to help should you decide to continue.

[Simmonds7]

@Andyorch  

 

if I withdraw I still have the FOS decision but can not enforce it.  Correct?

 

Seeing as she is not in UK now even if I won I would then have to go to Irish courts to enforce it. 

She clearly can not pay which is why she has Come up with her lies.

 

I would end up with a court order and a lot of costs and mega stress to still be unable to enforce it. 

Then I believe when I finally get to the end of the road she will close her business and then as they are ltd company I would have no payment. 

 

It is a no win case as I will never get WCFS to pay.

 

I just hope FSCS will eventually cover the loses that WCFS have made.  

 

This is why I want the FOS decision to stand as I will need it for the FSCS in the future.  I hope.

 

How do I withdraw? 

What do I put to make sure all is OK.

[Jcb2007]

@Simmonds7 Sorry I can't help on the status of Wellington's status in Ireland. You can never get through on the phone. My FOS case has not been assigned a handler, so I'm way behind you. I know at least one other on the Facebook page I told you about, who had the same FOS decision against WCFS as you, is about to get their CCJ served against them. I applaud you on your energy to keep going. If WCFS do fold then the limit is 85k as you know. Did you file a claim with the administrators (BBL) in Germany who are dealing with the GPG fiasco ?

[Simmonds7]

@Jcb2007  no claim filed.  Was told i couldn't as I have claimed here and won with FOS