Pension transfer claim

[sloane82]

I have received a letter yesterday regarding ***** he had dealings with my investments in Vela Technologies he is there director from his legal representation ******* they are based in London, I told them he has dealings in Illegal investments the person I spoke to told me not to make accusations this is the truth I told them so I will have to look for legal help he is trying to strike out my claim.

[Amethyst]

Are the solicitors accusing you of defamation? ( not a great plan to repeat it on here if so or they'll add to their heads of claim ) If you are genuinely looking for help in the situation I would redact /anonymise the company and persons names from your post.

Presumably you have made the relevant complaints - FCA - ombudsman - action fraud etc ?

[sloane82]

Wrote a letter to the claimaint made a complaint to the FOS here is the Defendants Lawyers info.

[sloane82]

In The County Court Money Claims Centre

Between Myself

And the defendant

Defence

1 Introduction

This defence is provided without prejudice to the defendants primary position that proceedings should be struck out due to one or more of a combination of the following.

a The incorrect Defendant being named as party to the claimants claim , - I put him down as the director of the company as he is.

b the numerous other breaches of the CPR rules.

Unless otherwise admitted herein all of the claimants claims and allegations are denied and it is put to strict proof of any losses claimed.

2 The Claimants failure to identify the correct defendant- he is the director of the company?

The defendant has been incorrectly identified and named as a party to this claim, the defendant reserves his right to invite the court to strike out the claim on the following grounds.

The claimants claim discloses no reasonable grounds for bringing the claim CPR 3.4 2a

The claim is an abuse of the courts process CPR 3.4 2b

That there has been a failure to comply with the CPR Pre Action Protocol for debt claims.

3 The claimants non compliance with the CPR rules

The claimant has failed to comply with a number of rules in the CPR as set out below

In breach of rule 16.4 the particulars of claim poc do not include a sufficient statement of the facts on which the claimant relies( for example the particulars of claim do not specify whether the claim is based on a written agreement oral agreement or agreement by conduct and no details were given about how the amount claimed in said to be calculated. It is the defendants view that this is not a permissible form of pleading, the POC must set out the statements of facts on which the claimant relies and

depending on whether the claim is based on a written agreement an oral agreement or an agreement by conduct the POC do not comply with the respective requirements in paragraph 7.3 7.4 or 7.5 of practice direction 16( for example if any part of claim is based on a written agreement a copy of the contract or documents constituting the agreement should have been attached to or served with the POC if any part of a claimis based on an oral agreement the POC should have set out the contractual words used and stated by whom to whom when and where they were spoken and if any part of the claim is based upon an agreement by conduct, the POC should have specified the conduct relied on and state by whom when and where the acts consisting the conduct were done.

These breaches of the CPR mean that the POC is not in a form which can sensibly be pleaded and so the claim should be struck out.

Statement of truth

The Defendant believes that the facts stated in this defence are true, I am duly authourised by the defendant to sign this statement.

******* LLp.

[sloane82]

Any help on this would be appreciated.

[des8]

can you post up your particulars of claim?

[sloane82]

They have been sent to the courts, I did not keep a copy any advice on how I can appeal this would be great.

[Amethyst]

Either you need to withdraw the claim and file it against the company, not one of the directors, or file a reply to the defence detailing why the claim is against the Right party. Presumably you contracted with the company not The Director. Do you have a copy of said contract and can you say what was broached ?

You also need to properly particularise your claim so need to apply to amend and ensure you have followed cpr 16 - whether or not you have claimed against the right party.
Ask court for a copy of your claim as you need it to be able to properly apply to amend.

The company seem seem to be a high risk investment firm

Vela Technologies plc is an AIM-listed company with investments in early stage disruptive technology businesses that have identified an area of business or sector that could be disrupted on a long term basis. We also invest in “special situation” opportunities among small-cap listed companies.

How did you come to put an investment through them ?

[Amethyst]

Wrote a letter to the claimaint made a complaint to the FOS here is the Defendants Lawyers info.

What did the FOS say ?

[sloane82]

I got cold called from a company and my pension was transferred out illegally.

[sloane82]

So he will try and get money from me ok is there any way to defend my particulars?

[Amethyst]

What did the FOS say in response to your complaint?

[sloane82]

didnt contact the financial ombudsman service I contacted the pensions ombudsman.

[sloane82]

I will be contacting the financial ombudsman service.

[Amethyst]

Wrote a letter to the claimaint made a complaint to the FOS here is the Defendants Lawyers info.

I was going off of that.

Okay, what was the response from the Pensions Ombudsman ?