FCA Requirement Notice: Debt and Claims Limited / GrassRoots Financial – Financial Co

[EXC]

Re: FCA Requirement Notice: Debt and Claims Limited / GrassRoots Financial – Financia

I'd take Amethyst's advice. Time is of the essence before the company folds so you need to go straight for enforcement. Attempting to seek more than FOS awarded will involve a new court claim which will be time consuming as well as risky.

[Amethyst]

Re: FCA Requirement Notice: Debt and Claims Limited / GrassRoots Financial – Financia

http://hmctsformfinder.justice.gov.u.../ex322-eng.pdf

[Naptime80]

Re: FCA Requirement Notice: Debt and Claims Limited / GrassRoots Financial – Financia

Ok so in the brief details of claims I've put

Non payment of settlement following Financial Ombudsman final decision - Enforcement proceedings required.

and then in the particulars of claims do I need to put in that I want a warrant of control issuing. I'm confused as the Court told me to fill in the N1 but the warrant is a different form altogether

[Naptime80]

Re: FCA Requirement Notice: Debt and Claims Limited / GrassRoots Financial – Financia

I don't know what to do.

I'm now being told that the whole process they get a chance to argue their case again. Surely this can't be right.

They've told me that it's 5 days for processing, then they have to allow 14 days for the company to respond. After the 14 days a judgement will be made and then they have 28 days to pay up before we can then send bailiffs in.

If that's the case what was the point of spending the last two years going through the ombudsman.

[Amethyst]

Re: FCA Requirement Notice: Debt and Claims Limited / GrassRoots Financial – Financia

I don't know what to do.

I'm now being told that the whole process they get a chance to argue their case again. Surely this can't be right.

They've told me that it's 5 days for processing, then they have to allow 14 days for the company to respond. After the 14 days a judgement will be made and then they have 28 days to pay up before we can then send bailiffs in.

If that's the case what was the point of spending the last two years going through the ombudsman.

Exactly why you go direct to enforcement.

Are you talking with CAB ? It's quite unusual to have to go to enforcement of an ombudsman's decision so they might not be au fait with the FSMA.

[Naptime80]

Re: FCA Requirement Notice: Debt and Claims Limited / GrassRoots Financial – Financia

That was the court helpline thingy for money claims that told me that. I'm going to pop into the county court tomorrow to see if it does need to go through that process or whether we can just go straight to bailiffs?

[Amethyst]

Re: FCA Requirement Notice: Debt and Claims Limited / GrassRoots Financial – Financia

That was the court helpline thingy for money claims that told me that. I'm going to pop into the county court tomorrow to see if it does need to go through that process or whether we can just go straight to bailiffs?

I would suggest you print out that information from the FOS that I posted before and take that with you. As well as the excerpts of the FSMA.

The court cannot give legal advice but should be able to accept an application for a warrant to enforce the FOS adjudication.

[Naptime80]

Re: FCA Requirement Notice: Debt and Claims Limited / GrassRoots Financial – Financia

Ive got that printed as the ombudsman sent me exactly the same thing

[Amethyst]

Re: FCA Requirement Notice: Debt and Claims Limited / GrassRoots Financial – Financia

Cool

[Amethyst]

Re: FCA Requirement Notice: Debt and Claims Limited / GrassRoots Financial – Financia

Ref Pm's. Might help you feel more confident if you get info from horse's mouth, as it were, so you can argue with the court clerk lol. And if I am wrong I'm more than happy to be told so. It is quite a rare thing to have to happen ( having to enforce FOS award via court, not me being wrong, that happens quite often lol) . Actually I feel a FOI request coming on.

[Naptime80]

Re: FCA Requirement Notice: Debt and Claims Limited / GrassRoots Financial – Financia

Completely agree. It's definitely always useful to go armed as it were

[EXC]

Re: FCA Requirement Notice: Debt and Claims Limited / GrassRoots Financial – Financia

Exactly why you go direct to enforcement.

Are you talking with CAB ? It's quite unusual to have to go to enforcement of an ombudsman's decision so they might not be au fait with the FSMA.

Yes and I suspect that applies to the court too.

[Naptime80]

Re: FCA Requirement Notice: Debt and Claims Limited / GrassRoots Financial – Financia

A quick update, we're still being told that we have to go through the whole money claims process and can't just get the bailiffs in to enforce the decision. I wish we had been told that when we first went to the ombudsman as we probably would've gone straight through the courts rather than to the ombudsman as, although the courts can use the ombudsman's ruling, the company still have the opportunity to argue their case.

[Amethyst]

Re: FCA Requirement Notice: Debt and Claims Limited / GrassRoots Financial – Financia

A quick update, we're still being told that we have to go through the whole money claims process and can't just get the bailiffs in to enforce the decision. I wish we had been told that when we first went to the ombudsman as we probably would've gone straight through the courts rather than to the ombudsman as, although the courts can use the ombudsman's ruling, the company still have the opportunity to argue their case.

Did you manage to speak with Tony Boorman ?

[Naptime80]

Re: FCA Requirement Notice: Debt and Claims Limited / GrassRoots Financial – Financia

Not yet. I'm just about to email him. I've been crazy busy this week. I'm not really sure what to say however as I think the response I will get is that they can't give legal advice and they don't get involved once they've completed their work (which is basically what I've already been told)/.