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

[Simmonds7]

Received my CCJ against WCFS Ltd today. 

It is my understanding that I have to wait 14 days now before I can get sheriffs to go in. 

Is that correct?

[dx100uk]

no

stick them straight in.

HCEO's only not county court bailiffs.

[Simmonds7]

Thank you dx100uk

[Andyorch]

4 hours ago, Simmonds7 said:

Received my CCJ against WCFS Ltd today.  It is my understanding that I have to wait 14 days now before I can get sheriffs to go in.  Is that correct?

 

Yes unless you requested payment forthwith and even then they will be allowed time to settle the judgment.

 

Andy

[Simmonds7]

Ok, 2 different answers.  I will phone HCEO Monday and see what they say.

 

[Simmonds7]

Update....

 

.got CCJ and went to high court sheriffs so have a writ. 

 

On the 31st Dec wellington CFS closed.  Paperwork was signed 15th Dec. 

 

I have objected with company house as they can not close when owing money. 

 

I then phoned company house as it went from active to closed within days.  I was told they couldn't confirm if it was closed but they was able to do it quickly because its head office is in Ireland. 

 

Now the interesting part is that the Irish company house do jot show the company as closed....

https://core.cro.ie/e-commerce/company/436550

Edited January 4 by dx100uk
added A few blank lines only..dx

[Jcb2007]

I've just read this and I'm not surprised. How and where did you find out that Wellington have ceased trading? 

Edited January 4 by Jcb2007
Update

[Simmonds7]

Company house.  Got them to email me if anything changed with Wellington.  Got email new years eve.

[Jcb2007]

Hope it didn't ruin your new year's celebrations. But are they still active in Ireland? Is the fact they have closed the UK a game changer for you serving your CCJ? Does this put you back at the door of the FSCS. 

[Simmonds7]

Well, shocked is understatement. 

 

Wellington court have only filed to have the CCJ and high court writ set aside

reason she didn't have her side put across to the court before CCj was given

 

now to defend it.

[dx100uk]

Only thing they could do.

 

not surprised.

 

Dx

[Jcb2007]

Makes your blood boil.  Keep going.

 

I've just been back through all my Guinness Mahon paperwork and on the very first statement it shows Wellington Court Fee. I'm going after them.

 

Did you see Charles Smethurst, the man who ran off with our money is trying to remove his name from German Property Group on companies House and the other GPG creditors group on Facebook have put in objections.

 

Meanwhile the administrators in Germany BBL have written to me. I'm unlikely to get my money back through that route. 

Edited January 17 by dx100uk
block of text spaced to paragraphs

[Simmonds7]

I am going to keep going, they keep shouting fraud and fake evidence when only ones commiting fraud is them.  Too much red tape.

[Simmonds7]

I have obtained a CCJ against a IFS company - they have applied to have the judgment set aside. I have opposed this application but now a solicitor is asking for information that is not related to the original set aside argument they made do I have to provide this?

 

Under the civil procedure rules the court is able set aside where the defendant has a real prospect of successfully defending the claim; or it appears to the court that there is some other good reason why –the judgment should be set aside or varied; or the defendant should be allowed to defend the claim.

 

We are concerned that the court may have discretion to consider other arguments at the hearing.

[honeybee13]

Hi.

 

Is this about Wellington Court FS please? I think we're going to need more information in order to advise.

 

HB

 

 

[Simmonds7]

Yes this is about WCFS.  

[Simmonds7]

Yes I have seen the reasons and supporting evidence.  

 

Reason 1. Company has closed with proof but this was 15th Dec 21 and CCJ was issued beginning of Nov 21. 

Reason 2.  She didn't have a chance to defend herself against the claim.  This CCJ was issued on FOS decision so there was no court hearing.

Reason 3.  She didn't get the paperwork.  I supplied proof that she knew via emails that she replied too.

 

That was it.  No mention or indication that the amount on the CCJ was in question.

[dx100uk]

threads merged for full history

 

dx

 

[Simmonds7]

Thank you

 

No grounds except what I stated.  I can upload a screenshot if I ok

[honeybee13]

It's fine to upload a screenshot if you take out anything that could identify you. pdf is best.

 

HB

[Jcb2007]

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

[honeybee13]

Thank you for the links, Jcb. I've read one of the cases so far and it's depressingly familiar. Wellington seem to be using obstruction as their main weapon.

 

Is there any news of progress with the FSCS please?

 

HB

[Simmonds7]

I have reported them as closed with the Fscs who are investigating but nothing yet. 

 

However,

I also reported them to the FCA for not informing the FCA of closing the UK branch, moving offices in 2016 to a residential address (International branches must have an office and are not permitted to work from residential premises)

 

the company directors name (they have a different name registered) they investigated and then they contacted me Thursday and asked for me to email all my proof which I have done. 

 

From research FCA can do criminal charges.

[Simmonds7]

Here is the form WCFS Ltd submitted

 

 

 

 

 

 

defendants application to set aside.pdf

[honeybee13]

Apologies, I'm not clear if you want advice with this or are just sharing the documents with us. Their reasons don't seem to accord with what the ombudsman said.