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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I was awarded £5000 by obinsman against clydesdale bank when

Resolved Question:

i was awarded £5000 by obinsman against clydesdale bank when they are required to pay yours jas
Submitted: 1 year ago.
Category: Law
Expert:  Joshua replied 1 year ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. May I ask when the Financial Ombudsmans determination was made please?
Customer: replied 1 year ago.

approx 13 years cut long story short i was in a R.T. Accident seriously injured off work 3 years could not pay mortgage after funds ran out cashed endowment police at that time to pay bills etc advce from bank . bank did that but did not pay mortgage arrears off policy it just frozen in account when bank realised this mortgage jumped 23500 to 34000 bank took policy fund off and set up new mortgage offered me 1000 goodwill went to ombudsman awarded 5000 i dont think i was ever paid amount

Expert:  Joshua replied 1 year ago.
Many thanks for the above. Sorry could I clarify that the determination was made 13 years ago approximately?
Customer: replied 1 year ago.

yes

Expert:  Joshua replied 1 year ago.
Thank you. The first step is to contact the bank and ask them if they intend to make payment under the award and to ask them to respond with in say (normally it would be 10 days but owing to the extreme delay you may need to consider giving them a longer period to check their records so perhaps) a month to respond. If you have written to them more recently and they have failed to respond then perhaps a shorter period of time would be reasonable. You can say that owing to the extreme amount of time if you do not receive payment due then you will have little option but to enforce the award in the county court. To do so you need to complete the below form:http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=552 It is a bit technical to complete the form. You need to mention the following when completing the form or the court is likely to reject your application. You need to refer to the award you have received from the financial ombudsman and then crucially state the relevant law which allows enforcement in the county court of award made by the Financial Ombudsman which is Section 228(5) Financial Services and Markets Act 2000 which makes such awards final and binding, and paragraph 16 of Schedule 17 Financial Services and Markets Act 2000 which allows a court to order the Ombudsman's decision may be recovered by execution as if it were Court Order. As above if you do not mention this on the form precisely your application is likely to be rejected. The court will then make an order that the bank must pay and this can then be enforced with enforcement officers if necessary. I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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