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

[mantis shrimp]

Have you seen the application and supporting statement? 

[mantis shrimp]

nothing to say the grounds on which the claim would be defended? 

[mantis shrimp]

OK, they are clearly going to argue that as a matter of law, your case has no prospect of success. 

 

This is going to be about detailed legal argument. You will need to understand that Bunney v Burns Anderson case in fine detail, and to be able to respond to arguments based on it. Other cases may also be cited. 

[mantis shrimp]

Looking at the quoted letter, if the judgment is set aside on those grounds, it would not surprise me if an application to strike out the case were to follow. 

 

Look again at the application to set aside judgment. Are you certain that it does not also include an application to strike out the claim under CPR rule 3.4.?

[mantis shrimp]

Yes, I had seen the supporting statement (post 76).  You have not shared the first page of the application notice. 

[mantis shrimp]

If you discontinue the claim, you may be liable to pay defendant's costs. 

 

Take advice before doing that. It may well not be your best course. 

[mantis shrimp]

OK, so the application is just to set aside judgment. But if the judge soes this on grounds that the claim is unlikely to succeed, a strike-out application may follow. 

 

As to quantum of judgment, put in a statement explaining the mistake and how it was made, and explaining the correct figure. Ask the judge to set aside judgment to that limited extent or substitute the corrected figure. 

Edited February 8, 2022 by mantis shrimp

[mantis shrimp]

See also Practice Direction 40B paras 4.1 to 4.5

PRACTICE DIRECTION 40B – JUDGMENTS AND ORDERS - Civil Procedure Rules

WWW.JUSTICE.GOV.UK

 

[mantis shrimp]

re post #110, as a 'legal guy' it is unclear to me whether you are thinking of bringing a JR (I agree, don't go there!) or are saying Wellington should have done so.

 

Isn't Wellington's argument that the FOS award is not one that you have the right to enforce?  See:

 

Quote

The Defendant will be making representations to dispute the Claimant’s entitlement to enforce a FOS award by reference to the case of Bunney v Burns Anderson Plc [2007] EWHC 1240 (Ch).

 

If your argument is that they are out of time to do so by JR, that would appear to have some force in dealing with the sentence after the one I have just quoted.

 

I tried to edit the previous post to clarify that while the point about time limit for JR is a good one, it does not answer the point made in the sentence that I quoted, i.e. whether you have the right to enforce the FOS award anyway.

Edited February 9, 2022 by mantis shrimp

[mantis shrimp]

OK, half an hour of legal research has led me to para 16 of schedule 17 of the Financial services and Markets Act 2000:

Enforcement of money awards

16A money award, including interest, which has been registered in accordance with scheme rules may—

(a)if the county court so orders in England and Wales, be recovered under section 85 of the County Courts Act 1984 (or otherwise) as if it were payable under an order of that court;

(b)be enforced in Northern Ireland as a money judgment under the Judgments Enforcement (Northern Ireland) Order 1981;

(c)be enforced in Scotland by the sheriff, as if it were a judgment or order of the sheriff and whether or not the sheriff could himself have granted such judgment or order.

 

Bunney v Burns Anderson case: https://www.bailii.org/ew/cases/EWHC/Ch/2007/1240.html

 

I do not see how this assists Wellington.

 

[mantis shrimp]

It could well be designed to bamboozle the judge.

 

I suggest the OP writes a clear logical statement of his argument that he will present to the court. This is so that in the hearing he knows the key points he needs to emphasise and get across to the judge. In particular para 16 (a) of schedule 17 as referred to in post #119: the FOS award can be enforced as a judgment of the Court.

[mantis shrimp]

CPR 54.5

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part54#54.5

 

Rule 54.5(1):

The claim form must be filed –

(a) promptly; and

(b) in any event not later than 3 months after the grounds to make the claim first arose.

 

 

 

 

Edited February 11, 2022 by mantis shrimp
spelling

[mantis shrimp]

7 hours ago, Simmonds7 said:

Thank you that brilliant.  Can I just check what it means by proceedings were commenced before 11pm on 31 December 2020.  Started with Fos in March 2020 but CCJ was 2021

When did you issue the claim form? 

[mantis shrimp]

Think it through very carefully. Any hint of uncertainty in respect of the amount may well be seen as tipping the balance in favour of setting aside the judgment. 

[mantis shrimp]

well, simmonds, you will have to explain why in your view this is just a slip. Slips do not need actuarial evidence. 

 

Your opponent's barrister will argue forcefully that it is much more than that. 

 

As I said, take great care how you do this, indeed whether to do this. 

Edited March 2, 2022 by mantis shrimp