When you have filed your AQ................

[maggiemay48]

Originally Posted by lateralus

To all those who have filed their AQ’s
As this is fairly new territory to the group as a whole, I’ve decided some info is needed for the period of time following the AQ filing.

Only a couple of months ago – very few got to this stage, now it is becoming routine.
Filling in your AQ’s last week or so – I saw the same questions over and over. Let’s take this next stage and look at it.

So, you’ve filed your AQ. An offer could come at any time.
As always – you are fighting this on two fronts: DG and the courts

As for DG

Keep in touch with DG –
Any offer will come through them. Keep the lines of communication open.
You can contact them, but don’t negotiate on the phone.
The approach should be firm but always polite.
Remember: ultimately, they don’t want to go to court and so eventually will make an offer.
AND THIS: The site helpers and mods are concerned that too much "contact" could be construed as harassment - so i'm going to start advising a more laid back approach; both at the just filed a defense stage and after the aq is filed stage.
Once you know they have your breakdown - how about just a weekly approach - might give them more time to make offers, you never know! It is felt that too much of this could also be counter-productive.

As for the COURT side of things:
You’ve filed your AQ – they have exactly the same deadline – so:
Just after the deadline: ring the court to see if they have filed their AQ. The court routinely gives them an extra 7 or 14 days to file. Whatever they say, like they have until xx/xx/xx to file their AQ. The day after that date, ring again and ask if they have filed their AQ. If they say no – ask if the judge will be issuing an “unless order” (unless they file by xx/xx/xx – their defence will be thrown out). When that has passed – ring the court again and ask what the next step is.
They may not file their AQ at all and you may be able to apply for a judgment in default. The court will tell you how to proceed.
To enter Judgment in Default you will need to file a form from the court, this is known as a "Request for Judgment" Form.
The form you need is an N225, find one here: http://www.hmcourts-service.gov.uk/H...forms_id =465.

Also on the COURT side of things:
If the judge agrees with the draft order and makes it a direction, it will come back to you and you will have 14 days (the date will be on the paperwork) to send in four things.
a) your schedule of charges.
b) your statements showing the charges. Alternatively, the list of charges which the bank provided under your S.A.R (subject Access Request) (only send the statements with charges on them.)
c) A Statement of Evidence: (post 55 in the new strategy): New strategy for Allocation Questionaires
d) All the statutes and decided cases on which your claim relies. ie, UTCCR's, UCTA's, SOGA, case law, etc. For this, I'd just submit the whole of the Basic Court Bundle.
This whole thing runs to around 200 pages and should be done in triplicate: one copy for you, one for the court and one for dg – that’s 600 pages of copying – LEAVE IT UNTIL YOU KNOW FOR SURE YOU NEED IT. If an offer comes in from DG and is accepted you wouldn’t need it. Really leave it until you have to do it to meet the deadline set by the court!

All of this is my take on what happens after the AQ is filed – not CAG policy – just my opinion. Don’t hold me to it……I don’t want to go to court either! Good luck!

Can I ask you a question please?

[maggiemay48]

Originally Posted by maggiemay48

Can I ask you a question please?

I got the AQ from the courts what the bank had sent them.And in i read they say they two wittnesses in total. Who will these be?No names thou.The money in dispute £2248.49.what about the charges to date what they have charged me? thanks maggie.

[lateralus]

are you with hsbc? - oh, i just looked it up - i think you are yorkshire bank - i'm not familiar with their way of going on - perhaps it would be better to ask a site helper or a moderator more familiar with your bank. i don't know anyone on here who has received a copy of the bank's aq and wouldn't know who the witnesses would be for your bank at all. can you pm a site helper - do you know how to do that?

also, this may be of some help: GOT A COURT DATE? A guide to the later stages

[tetley75]

Thanks for the info. I've filled my Aq and Dg missed the deadline, i'm now waiting for the judge to give them the extra time.

[themadcap]

Anybody trying to get DG lately will know they are not answering calls or emails or even returning answerphone calls to claimants, i filed my AQ, phoned to ask if they had but alas still waiting a reply! Now to phone the court HEHEHEHE!!!!

[nettyg]

i really think it's time to let dg 'breathe' and get on with the job in hand. we've given them enough hassle for the time being, and i now think it's time to contact them only when necessary - and not add to their tranquiliser bill!!!

[HSBCrusher]

[lateralus]

maggiemay (fantastic song by-the-by)
i felt i hadn't helped you at all so on your behalf i have pm'd a helper to take a look at your thread in the other forum and hopefully give some advice. good luck.

[johnnymitch]

Thought I'd post this here as well as on my own thread Lattie, you said you'd like feedback on people's experience.

For Lukemannion - the court may not give them extra time, I think they're getting cheesed off with them missing deadlines (see below):

Right, here we go again -
I've kept my head down until deadline date(3 Mar) then asked local court if DG had filed AQ. They said give them a couple of days to find out as they were a bit inundated. Phoned today, they said 'No' and suggested I go for judgement. They will help with it - looks like the last lap - it seems the court were not prepared to give DG any more time - settlement may be just around the corner

[lateralus]

excellent - keep us in the loop, please!

from above:
The court will tell you how to proceed.
To enter Judgment in Default you will need to file a form from the court, this is known as a "Request for Judgment" Form.
The form you need is an N225, find one here: http://www.hmcourts-service.gov.uk/H...forms_id =465.

[tetley75]

Thanks for the info, hopefully they'll do the same with my case

[Pen]

My Bank, TSB sent their AQ nearly 2 weeks before the deadline date, how worrying is that. They have not sent me a copy though.

Pen x

[lateralus]

not very professional of them. note that down some place in case you get to tell a judge at some point.

[johnnymitch]

Lattie, the court has just told me that I don't need to fill in a form for judgement - they say because the deadline has passed the judgement will be handed down automatically - any thoughts on that?
I think I'll give them a week and maybe in the meantime phone the delectable Debbie and let her know?

Cheers
John

[lateralus]

new territory for me - i'm following you........
i just put my limited knowledge all in one place - you guys are filling in the blanks for us.
why let debbie know. if your stuff is in a pile - they will get to it whenever - i see the judgment as a possible preferred option as there will be no questions over overdraft interest or old charges or whatever - you will get the lot - the flip side is it may (or may not) take a little longer as you are dealing through the courts. as i say - you and your buddies are our shining beacon - after this - i'll know more how to advise peeps!