Court Claim via the Ombudsman

[dave heatherill]

Hello, this is my first post and I need some advice,
I was sold a savings bond in 2001, i invested 30k
The firm was two partners a Tax consultant and a IFA
In 2009 i realised the Bond was not working for me and cancelled it
The partners of the company parted in 2005.
I tried contacting advertised companies with a view to sueing this company, but with no success.
But someone suggested the Financial Ombudsman, and I took my case to them in 2014.
This year in May2015 they ruled the case in my favour and awarded me over 14K.
But could not recover the costs from the firm because they had closed.
The ombudsman have told me to take the two partners to court to enforce the Ombudsman decision.
The Ombudsman ensures me this the decision ruling they have made is legally binding.
With the delicate situation would you advise I employ solicitors, or would you think I could take this to court myself?
The thoughts of court fees solicitor fees enforcing fees, are quite daunting.
I have not been involved in legal matters/courts before.

[nemesis45]

Re: Court Claim via the Ombudsman

Good morning Welcome to LB,

In short definitely seek specialist advice!!
The costs could be high and suing the partners
jointly and severally if its was a Limited Liability
Partnership could be complicated in my opinion.

nem

[dave heatherill]

Re: Court Claim via the Ombudsman

Good morning Welcome to LB,

In short definitely seek specialist advice!!
The costs could be high and suing the partners
jointly and severally if its was a Limited Liability
Partnership could be complicated in my opinion.

nem

Thanks for your reply,
But the case has been legally judged by the ombudsman, against the partnership and I am asking the courts to, enforce the decision, made against the partners for the compensation.

[nemesis45]

Re: Court Claim via the Ombudsman

Thanks for your reply,
But the case has been legally judged by the ombudsman, against the partnership and I am asking the courts to, enforce the decision, made against the partners for the compensation.

Hello Dave,

Are you planning on making a claim or purely seeking " ratification" and enforcement of the Ombudsman's decision?

Either way I believe you need specialist advice on this.

nem

[Debt Camel]

Re: Court Claim via the Ombudsman

This SHOULD be straightforward. You don't have to explain why you have been awarded the money, you are just asking the court to enforce the Ombudsman's decision.

However it is very rare, so you may get blank faces at your local court, "Because it’s unusual for our decisions tohave to be enforced, many courts andlegal representatives are unfamiliar with the process. So it may help to show themthis factsheet" http://www.financial-ombudsman.org.u...s-decision.pdf.

And as background so you feel better informed: FSMA 2000: http://www.legislation.gov.uk/ukpga/2000/8/section/229

I suggest you print off the factsheet and take it to your local County Court.

[dave heatherill]

Re: Court Claim via the Ombudsman

Hi....
Not making a claim because the case has been judged in my favour by the Ombudsman, I just want enforcement.
I dont know if I could take this to court myself.
I have taken some legal advice, and the case looks good, but if the two partners cant pay?
My legal advisor says I would have to pay the court costs and legal costs.

[Amethyst]

Re: Court Claim via the Ombudsman

Yes you can take it to court yourself. You are simply enforcing the judgment you already have. The form you need is N322A which should result in an order like this http://www.legalbeagles.info/forums/...9&d=1412929535 which you can then get a warrant of control off the back of.

However, the courts are a bit dense when it comes to the FOS awards. http://legalbeagles.info/enforcing-f...ciety-gazette/

If the other side are unable to pay and have no assets in the business at all then yes you will not get your costs back. But I don't think it is too much( £155 for the application ( max - I can't see a specific fee for that application - could be £50) then £70 for the warrant of control) Depends how much the FOS award is that you want to enforce whether it's worth it or not really. ( edit: okay awarded me over 14K. - yes it's worth it)

The N322A is all about ACAS ( because the FOS just aren't as organised) but it is the same form for the FOS awards. You need to enclose a copy of the adjudication from the ombudsman.

[Amethyst]

Re: Court Claim via the Ombudsman

If the other side are unable to pay and have no assets in the business at all then yes you will not get your costs back. But I don't think it is too much( £155 for the application ( max - I can't see a specific fee for that application - could be £50) then £70 for the warrant of control) Depends how much the FOS award is that you want to enforce whether it's worth it or not really. ( edit: okay awarded me over 14K. - yes it's worth it)

found it on the EX50 - was searching on enforce rather than enforcing ... so it's £40 for the N322A

[dave heatherill]

Re: Court Claim via the Ombudsman

Hi Amethyst,
Thank you for your reply, first of all as in my original post this is the first time I have been involved in a legal situation, so if you can bare with me, re your reply can I make the following points.
The claim would be against the two partners not against the business as it closed.
Would my claim be for 50% between the two partners.
Would it have any significance if one paid and one did not, would this move to the other partner?
I can understand appying for the N322A and the resulting warrant of control.
Regarding the application £155 is this for civil court fee?
Thanks again

[Amethyst]

Re: Court Claim via the Ombudsman

Who is your FOS award against ? The court won't change the terms of the award so if the award is against the business and you want to sue the directors/partners you will be basically starting again but with the FOS award as part of your case. Need to look at the award from FOS really and know a bit more about the company and how it was setup/shutdown. PM the company if you like and if you can email the FOS award notice that would be useful. ( admin@legalbeagles.info )

The fee for the court application is £40 - IF you are just applying to enforce the award from the FOS, but from what you have just said it's going to be more complex than that.

[dave heatherill]

Re: Court Claim via the Ombudsman

Hi.......E.Mail sent to you at 15.10
The company was a partnership, one a tax consultant and one a IFA
They split up in 2005

[Amethyst]

Re: Court Claim via the Ombudsman

Cool just checking email.

[Amethyst]

Re: Court Claim via the Ombudsman

Okay, they were a partnership rather than a ltd company with directors so that does make life simpler. As partners they are jointly and severably liable for the award so it isn't a case of 50/50, both are liable for the full amount.

You sue the partnership as it stood at the time of the cause of action.

CPR - 5A.3 Where that partnership has a name, unless it is inappropriate to do so, claims must be brought in or against the name under which that partnership carried on business at the time the cause of action accrued.


Do you have the details of both partners ?

So yes it would be enforcement of the award, rather than a new claim... so the N322a and £40 fee is correct and enforcement can be bought against either of the partners.

Enforcing a judgment or order against a partnership

6A.1 A judgment or order made against a partnership may be enforced against any property of the partnership within the jurisdiction.

[dave heatherill]

Re: Court Claim via the Ombudsman

HI...
Thanks for the reply, you have left me a bit speechless I cant believe the amount applys to both partners, thats quite a shock.
But its one thing, applying for it and quite another getting it, as you will know.
Yes I have details of both partners ,they both live local to where I live.
So the N322A is the way forward

[Amethyst]

Re: Court Claim via the Ombudsman

Yes, I'd go for the second named partner for enforcement first. ( You don't get paid twice btw, but they are both responsible for the full amount if one doesn't have it/ is deceased etc - basically they have to sort it out between themselves)