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


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Should anyone find themselves in this very unique position in the future I think it is worth noting one aspect of Wellingtons submission.

The main thrust of Wellington's argument to be able to challenge a decision made by the FOS is detailed at paragraphs 9 & 10.

To summarise they refer to case law, namely Bunney v Burns Anderson Plc [2007] EWHC 1240 (Ch) in which a challenge was brought to a FOS decision.

Having read through the case above the main premise was that the FOS had made an award outside of its remit which was an award in excess of £100,000. This was the basis upon which the FOS decision was challenged.

Wellington have construed this to mean that a FOS ruling can always be challenged.

Should anyone face this situation again I think it would certainly be worth raising the point that the mechanism for challenge referred to in the case law above was made in response to the FOS making a decision outside of its remit. In the case of Simmonds7 the FOS appears to have made a decision which was within its remit and I don't think it would be difficult to construct an argument that this should limit the scope for challenge.

If anyone has the time or inclination to verify my summary feel free to correct me on any of the points above.

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