Need help enforcing FOS PPI Final Decision please! THEY PAID UP !!!!! *

**debtisbad** · 4th August 2010, 12:21:PM

Re: Need help enforcing FOS PPI Final Decision please!

Originally posted by nelliewops View Post

Hi folks!

I'm looking for some guidance/advice regarding a mis-sold PPI complaint against the broker Norton Finance please, relating to a loan which has been settled in full..............

This complaint was upheld by the FOS in November 2009 but Norton apparently ignored all communication from the FOS adjudicator requesting that they pay out.

It was then passed to an ombudsman who came to the same conclusion and I received his Final Decision in April 2010. Once I had agreed to accept this (as in many other people's experience, this involved signing an acceptance form which contained no actual figures) it became legally binding on Norton.

Norton did write to me in May informing me that as they are a broker they had to contact the lender for the information required to calculate the refund settlement. They asked for my signed authority allowing them to do this, which I duly signed and returned.

In June Norton wrote saying the lender had said they were awaiting the info from our lender which should take 6 weeks to gather - I should point out that this PPI relates to an agreement dating from 2006 and during 2009 the lender provided me with all info regarding it under a SAR, so I know they had the info as recently as last year.

At the end of July three months had passed since I returned the FOS acceptance form and still no figures had been forthcoming from Norton.

I chased Norton in writing and was told the lender was having trouble locating the info required to make the refund calculations. They said I could chase the lender myself if I wished and gave me their phone number.

I contacted the FOS by phone and email asking for help/guidance and was told they could do nothing further to help and that as Norton are a broker, it is not unreasonable for them to require additional time to gather this info.

I wrote to the FOS asking exactly how much extra time they believed it was reasonable to allow Norton. The FOS have ignored my letter.

All correspondence has been sent by recorded delivery and I have kept copies of everything sent/received.

Thanks to the very kind assistance of LB member Bill-k I have confirmed the amount of refund I am expecting from Norton. This has been calculated using the Repayment Record provided by the lender in my SAR - information they themselves must still hold..............so why are they unable/unprepared to forward this info to Norton?

I believe that in the case of a legally binding final decision by an FOS ombudsman, where the company concerned is not paying out despite this decision it is possible to have the decision enforced through the court and I would very much appreciate advice/guidance on how I should go about this please!

Apologies for the long post!

Many thanks,

Nellie x

As you already have the figures in the SARS package, use one of the calculators to work out the total refumd due with interest. Present the calculation to Norton and give them a reasonable time to pay upe.g. 30 days.

Presumably after that you couild chase inthe county court?

If you alredy have the figures in the SARS, any claims nby the other parties about having difficulty in obtaininmg the information are just delay tactics.

Get tough with them.

**nelliewops** · 4th August 2010, 12:45:PM

Re: Need help enforcing FOS PPI Final Decision please!

Hi debtisbad,

Thank you very much for your reply - using the Repayment Record and with help from Bill-k I believe I now know how much the refund should be, so will do as you suggest and present this to Norton with a 30 day deadline.

If they still refuse to settle and I have to pursue this through the courts, do you or anyone else happen to know if I do this by starting from scratch with a N1?

I only ask because as it has been subject to a FOS decision that has been upheld twice (by both adjudicator and ombudsman) I wasn't sure if it counted as a fresh claim?

Also as the amount concerned is over the small claims limit, do I need to worry................or because it is already legally binding on Norton is the issuing of a claim a mere formality?

Apologies for all the questions and many thanks again,

Nellie x

**Amethyst** · 4th August 2010, 13:08:PM

Re: Need help enforcing FOS PPI Final Decision please!

For your info Nellie.

It is enforcement (proceedings for an order) rather than a new claim, I'm working out which forms it will be, just going to speak to someone before advising further.

The Financial Services and Markets Act 2000 sets out the basis on which the ombudsman’s decisions may be enforced in the courts. The relevant provisions of this Act of Parliament are in Part XVI and Schedule 17.

It is very important that you begin the right kind of legal action in the right court. There are different legal processes – and starting the wrong proceedings in court could lead to serious problems.
•
You would need to make sure you launch enforcement proceedings – not fresh proceedings that might re-open the dispute the ombudsman has already settled.
•
•

The court where you would need to start any legal action depends on where you live – and on where the business the decision is against is itself based. There are differences in the way the courts work – depending on whether you (or the business) are in Scotland,
•

You would need to be very careful that any proceedings were brought in exactly the same names as the names on the ombudsman’s final decision.
•

**Amethyst** · 4th August 2010, 13:14:PM

Re: Need help enforcing FOS PPI Final Decision please!

Okay, in Scotland and NI its easier as the Ombudsman decision is just classed as an order so you go direct to enforcement (warrant of execution etc), however in England you have to ask the court to make the order first.

You can see this at Schedule 17 Part III -

Enforcement of money awards

16 A money award, including interest, which has been registered in accordance with scheme rules may—
(a) if a county court so orders in England and Wales, be recovered by execution issued from the county court (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 [S.I. 1981/226 (N.I.6).] 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.

So, you have to apply for an order from the court first, then apply for execution of the order (if they dont just pay up at that point). Will be back a bit later have to pop out now.

**pompeyfaith** · 4th August 2010, 13:27:PM

Re: Need help enforcing FOS PPI Final Decision please!

Ame,

Thank you for that very useful info for nellie as it could apply to me also

PF

**Amethyst** · 4th August 2010, 14:39:PM

Re: Need help enforcing FOS PPI Final Decision please!

btw I'm just looking this stuff up SHOULD you need it, follow debtisbads advice FIRST

Rightio just putting this here for now, will prob edit as I go

Civil Procedure Rules

Enforcement of decisions of bodies other than the High Court and county courts 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 practice form N471;

(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.

CPR

Enforcement of decisions of bodies other than the High Court and county courts 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 a 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; (it doesnt thats for foreign courts)

(b) arbitration awards;

(c) any order to which RSC Order 115 applies; or (not applicable its something weird criminal stuff so ignore that)

(d) proceedings to which Part 75 (traffic enforcement) applies. (obviously not)

(2A) Unless paragraph (3) applies, a party may enforce the decision or compromise by applying for a specific method of enforcement under Parts 71 to 73, Schedule 1 RSC Orders 45 to 47 and 52 and Schedule 2 CCR Orders 25 to 29 and must –
(a) file with the court a copy of the decision or compromise being enforced; and

(b) provide the court with the information required by Practice Direction 70.

(3) If an enactment provides that a decision or compromise is enforceable or a sum of money is recoverable if a court so orders, an application for such an order must be made in accordance with paragraphs (4) to (7A) of this rule.

(4) The application –
(a) may, unless paragraph (4A) applies, be made without notice; and

(b) must be made to the court for the district where the person against whom the order is sought, resides or carries on business, unless the court otherwise orders.

(4A) Where a compromise requires a person to whom a sum of money is payable under the compromise to do anything in addition to discontinuing or not starting proceedings (‘a conditional compromise’), an application under paragraph (4) must be made on notice.

(5) The application notice must –
(a) be in the form; and

(b) contain the information

required by Practice Direction 70.

(6) A copy of the decision or compromise must be filed with the application notice.

(7) An application other than in relation to a conditional compromise may be dealt with by a court officer without a hearing.

(7A) Where an application relates to a conditional compromise, the respondent may oppose it by filing a response within 14 days of service of the application notice and if the respondent –
(a) does not file a response within the time allowed, the court will make the order; or

(b) files a response within the time allowed, the court will make such order as appears appropriate.

(8) If an enactment provides that a decision or compromise may be enforced in the same manner as an order of the High Court if it is registered, any application to the High Court for registration must be made in accordance with Practice Direction 70.

okay so question is
DOES THIS

(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 a 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.

APPLY BECAUSE OF Schedule 17 Part III - Financial Services and Markets Act 2000 ??????

16 A money award, including interest, which has been registered in accordance with scheme rules may—
(a) if a county court so orders in England and Wales, be recovered by execution issued from the county court (or otherwise) as if it were payable under an order of that court;

Thats the main question then if it is we know what you need to do lol.

**debtisbad** · 4th August 2010, 14:44:PM

Re: Need help enforcing FOS PPI Final Decision please!

Don't forget you can apply 8% interest to the PPI premiums being claimed back, just like in a county Court win. I am not sure if there is a calculator or spreadsheet on this site that you can punch your figures int.

**nelliewops** · 4th August 2010, 14:47:PM

Re: Need help enforcing FOS PPI Final Decision please!

Originally posted by Amethyst View Post

Okay, in Scotland and NI its easier as the Ombudsman decision is just classed as an order so you go direct to enforcement (warrant of execution etc), however in England you have to ask the court to make the order first.

You can see this at Schedule 17 Part III -

So, you have to apply for an order from the court first, then apply for execution of the order (if they dont just pay up at that point). Will be back a bit later have to pop out now.

Hi Ame,

Thank you very much for this very useful information - this should go a long way to helping me to finally get this matter resolved.

I would very much appreciate any further advice and/or guidance you can offer.

Would you suggest that for now I do as debtisbad has recommended in post 2 or launch straight into applying for an order from the court?

Many thanks again,

Nellie x

**Amethyst** · 4th August 2010, 14:55:PM

Re: Need help enforcing FOS PPI Final Decision please!

Well seems it is likely to be N322B - NOTES -> http://www.hmcourts-service.gov.uk/c...Notes_0609.pdf BUT I am still unsure if the Ombudsman decision is actually an enforceable order as the FSMA seems to suggest you need an order FIRST....... getting there though eh

(out of interest N471 is employment tribunals)

There is very little information on this out on the www btw so might be wise to give community legal service a call to check before doing anything. Very few cases get to the point of having to enfoce FOS decisions through the court so hopefully it wont get that far.

**nelliewops** · 4th August 2010, 14:59:PM

Re: Need help enforcing FOS PPI Final Decision please!

Whoops - I took so long to post 'cos I was reading the rest of the thread to OH that my post crossed with both Ame's last one and debtisbad's :tinysmile_hmm_t2:

Thanks to you both - will have a read of your posts properly now Ame and yes debtisbad, I've added my 8%!

**Amethyst** · 4th August 2010, 15:09:PM

Re: Need help enforcing FOS PPI Final Decision please!

ah haaaaaa possibly ?

the decision requires a court order to proceed, you must use form
N322A - Application to enforce a decision

http://www.hmcourts-service.gov.uk/c...a_web_0609.pdf

http://www.hmcourts-service.gov.uk/c...s_web_0609.pdf

Though says its for a tribunal or other court, hmmmm lol. We will get there eventually honest.

**nelliewops** · 4th August 2010, 16:57:PM

Re: Need help enforcing FOS PPI Final Decision please!

I really appreciate your continued efforts Ame - thank you very much

It seems so difficult to find anyone else who has had to go down this route - hopefully after following debtisbad's advice (which I'll get sent off recorded delivery in the morning) it won't have to come to court enforcement, but so far they seem so reluctant to play ball that I have a very nasty feeling this one will go all the way.................

Nellie x

**debtisbad** · 4th August 2010, 17:03:PM

Re: Need help enforcing FOS PPI Final Decision please!

Nellie, don't worry too much, all the banks and DCAs seem to play a game these days i.e. when caught out and in the wrong, they appear as though nothing is wrong and they drag their feet when it's THEIR turn to pay out, presumably because many people get confused and give up. A carefully worded letter, quite forceful, I am sure will spell it out to them that if they don't pay within 30 days you will proceed as per Amestyst's details above. i bet they will pay up without you having to go to court or even issue any court papers to them.

**nelliewops** · 4th August 2010, 18:24:PM

Re: Need help enforcing FOS PPI Final Decision please!

Originally posted by debtisbad View Post

Nellie, don't worry too much, all the banks and DCAs seem to play a game these days i.e. when caught out and in the wrong, they appear as though nothing is wrong and they drag their feet when it's THEIR turn to pay out, presumably because many people get confused and give up. A carefully worded letter, quite forceful, I am sure will spell it out to them that if they don't pay within 30 days you will proceed as per Amestyst's details above. i bet they will pay up without you having to go to court or even issue any court papers to them.

Hi debtisbad,

Thanks for your kind and reassuring words - hopefully you're right...........will keep you posted as to how I get on

Nellie x

Need help enforcing FOS PPI Final Decision please! THEY PAID UP !!!!! *