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

[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

[AndyOrch]

You cant discontinue your claim...the claim is now complete...and with a Writ...their application simply requests that the Writ be stayed and the CCJ be set a side their reasons for the set a side are weak and not really legally sound to support such a set a side.

 

Supporting statement...or rather late defence... gives no grounds as to why it should be set a side..nor does it explain their in activity in dealing with the claim in the first place....rather repetitive and boring and Im sure the DJ will agree.

 

No chance of 3 hours for this type of application...as stated its not a trial its a hearing to consider if such an application has grounds....30 mins tops if that.

[AndyOrch]

Raise it at the hearing the Judge will advise...but have  the correct amount to hand and explanation has to why its incorrect.

 

 

 

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[AndyOrch]

Clerical mistakes in judgments or orders, or errors arising from any accidental slip or omission, may at any time be corrected by the court under CPR 40.12 without notice.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part40#40.12

 

[AndyOrch]

Date of Brexit and change to enforcing judgments/ jurisdiction rules...so yours is post brexit....your judgment date is post.as per above post.

[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.

[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.

[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 ?

[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 ?

[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.

 

 

[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. 

[AndyOrch]

Please check for accuracy and dates time line etc.

 

 

In the County Court of Exeter.pdf

 

Regards

 

Andy

[AndyOrch]

[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.

[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 

[AndyOrch]

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

[AndyOrch]

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

[AndyOrch]

Also don't forget to add your HCEO fee

[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 ?

[AndyOrch]

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

[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.

 

 

 

 

[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.

[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 ?

[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

 

 

 

.

 

[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.