AQs - Stays & Strike out request

[bangerracer]

Hi
Solicitors have not returned their AQ to the court, it was supposed to be returned by the 21st may, what do i do now?
Any help would be greatley appreciated.

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

[tightbum]

My order recieved today says "any party affected by this order may under Rule 3.3 (5) appy to have it set aside, varied or stayed blah blah within 14 days. Should I apply for one of these or send an order to sop the defendant putting one in?

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

[Tini]

Dear tightbum, please let me know if anyone has replied to you regarding this, what does it mean exactly?

[Dingle]

Hiya, I`ve just Received a letter from the County Court and am baffled as to what it means. It says as follows:

Before MR RECORDER DOBBIN SITTING AT Sunderland County Court

Upon Considering the Claimants Allocation questionnaire

IT IS ORDERED THAT

The defendant must file an allocation questionnaire by 22 June 2007 and in default their defence and counterclaim, if any, will be struck out and the claimant will be at liberty to enter judgement forthwith.

Does this mean that the Judge has struck the claim out and ordered that the bank pay me my money?

This has been going on for 5 months now and I was ready to throw in the towel. I`ve sent a letter to Lloyds solicitors requesting that we settle out of court but had no reply so I paid my court costs and of I went. Just awaiting a trial hearing date.

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

[GaryH]

Originally Posted by tightbum

My order recieved today says "any party affected by this order may under Rule 3.3 (5) appy to have it set aside, varied or stayed blah blah within 14 days. Should I apply for one of these or send an order to sop the defendant putting one in?

Thats the standard wording on all orders made of the courts own motion - ignore it.

Originally Posted by Dingle

Hiya, I`ve just Received a letter from the County Court and am baffled as to what it means. It says as follows:

Before MR RECORDER DOBBIN SITTING AT Sunderland County Court

Upon Considering the Claimants Allocation questionnaire

IT IS ORDERED THAT

The defendant must file an allocation questionnaire by 22 June 2007 and in default their defence and counterclaim, if any, will be struck out and the claimant will be at liberty to enter judgement forthwith.

Does this mean that the Judge has struck the claim out and ordered that the bank pay me my money?

This has been going on for 5 months now and I was ready to throw in the towel. I`ve sent a letter to Lloyds solicitors requesting that we settle out of court but had no reply so I paid my court costs and of I went. Just awaiting a trial hearing date.

It means if the bank don't file an AQ by 22nd June then you've won.

Have you got a thread?

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

[Dingle]

Hiya Gary H, Sorry i don`t have a thread, i don`t know how to create one. I`m new to this. Do banks normally put their AQ in by the allocated date asking for a stay? This has been going on long enough.

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

[GuidoT]

To start a thread go here:
http://www.consumeractiongroup.co.uk...ts-please.html

Some banks do, Lloyds usually do see here:
AQs - Stays & Strike out request

[minnie2]

Hi There, Sorry to butt in, but I have a question relating to the AQ process that I need answering. Have spent most of the morning going through threads but can't seem to find the answer( sorry)....

I am claiming £3,800 including interest from Lloyds and am at the AQ stage. I returned my completed AQ to Lambeth County Court on 11/06/07. I included a Draft Oder for Directions ( copied from CAG ) stating that I would send - schedule of charges, copies of statements, statement of evidence an copies of cases within 14 days. I also sent a copy to the solicitors acting for Lloyds.

I wondered if I just go ahead and send all the documents, or do I need to wait for a response from the court or Lloyds??

Any help and advice would be greatly appreciated!!! Or a recommended thread to read...

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[GuidoT]

Minnie 2, you need to wait until the judge / court directs the order. You should stick to your own thread.

[pward33]

Minnie 2, you need to wait until the judge / court directs the order.

And, just to forewarn you, with Lambeth County Court you could well be waiting for many weeks in my experience.

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

[minnie2]

Thanks for all the help. Will stay out of this thread, but just one more question...If you have experience with Lambeth , I would be interested to read it. Do you have a thread?? Thanks Again, I really appreciate it

[TUTTSI]

Hi All and Gary if you are arround, I have to complete an AQ with HSBC business account for my hubby, the defence from D&G has quoted the part of the act which we pacifically did not mention, could I use the format of the Abbey Abuse Order for this type of claim. My Thread is at As V Hsbc I would welcome all the help I can get as we have to complete this document this week.
DS

[GuidoT]

If you mean this:
Abbey abuse orders - keeping the pressure on.

Yes it is suitable.

[TUTTSI]

Originally Posted by GuidoT

If you mean this:
Abbey abuse orders - keeping the pressure on.

Yes it is suitable.

Thanks Guido, Do I have to mention anything specifically in respect of the D&G's defence within the AQ and the reason for asking for a strike out.
DS

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

[innocent]

Has anyone seen this before??

Received general form of judgement or order form "N24" dated 13th June 2007:

IT IS ORDERED THAT:

1) Stay to 4th July 2007. Parties to file agreed directions order on conclusion of period allowed.

For those that dont know; I have submitted an aq, as have Lloyds (late) and I included the draft order of directions....


Innocent

[photoman]

Originally Posted by innocent

Has anyone seen this before??

Received general form of judgement or order form "N24" dated 13th June 2007:

IT IS ORDERED THAT:

1) Stay to 4th July 2007. Parties to file agreed directions order on conclusion of period allowed.

For those that dont know; I have submitted an aq, as have Lloyds (late) and I included the draft order of directions....


Innocent

Could you post the rest of the letter?

There must have also been an order for directions included in this?

PM

[GuidoT]

I have responded here to Innocent's post 75 above:
Innocent vs LLOYDS TSB CLASSIC CURRENT (CONTRACTUAL INTEREST)

[innocent]

Thanks Guido and for the link too


PM thankyou for your interest but I can assure you.... this is the order! Bit strange though isn't it?? Just spoke to the court, and they said "its obvious isn't it"?

Is it?

"Get in contact with Lloyds and agree an order?"

Then he said "Oh.... lloyds? You probably won't have much luck"

?

"Just resubmit your draft order and demonstrate to the court you have tried to contact LLoyds"!!!


I am hoping I am one step closer to a win by default

Innocent


(now returning to his own thread where ALL are welcome)

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[pward33]

If you have experience with Lambeth , I would be interested to read it. Do you have a thread??

Sorry, not logged on for a couple of days. My experience with Lambeth is not connected with bank charges I'm afraid, but with a couple of other civil matters; a landlord dispute and another matter which is still ongoing after many, many months. If you get Judge Zimmels, tell him I called him a .... no maybe not

I guess all London courts are busy but Lambeth does seem to be known for dragging its feet. Unfortnately, Central London County Court, where I issued my bank charges case in the hope they might be a bit more efficient, seems even worse

Sorry i can't me of more help.

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

	Bank Charges You should have started your claim for your bank charges by now. Don't wait. You should send your bank a Subject Acess Request asking for all personal data they hold on you - not just statements. You should calculate all of your bank charges and related interest as far back as 1995. You should send your bank a demand for a refund giving them 7 days. You should commence your legal action adding 8% statutory interest. If you wait for the outcome of the test case, you may not be able to claim like this. you may not be able to claim interest. You may only be offered the difference between the charge and the OFT "fair charge". The repayment scheme will try to limit you to refinds from 2001 only. A repayment scheme will not deal with any bank charges related defaults on the credit register whereas in a court action you can ask for these to be removed and to be compensated for the damage caused to you and your family by them. You should also write to the bank and to the CRA and put all charges related credit entries in disupte and warn them that you will want them removed from the Register when the test case is over. Warn them also that you are likely to be seeking compensation for these wrongful data entries. Full and final settlement Have you previously accepted a partial repayment of your bank charges in full settlement? You will still be able to claim the rest of your money back after the Test case is decided. Get all your information back to 1995 and put in your claim now.

[GuidoT]

Central London County Court is the worst court in the country. Fortunately I am on the receiving end of a claim from there, it took them 2.5 months to serve the claim, have not even received AQ yet and claim served in Feb 07. Funniest part is the claimant asked for a transfer to the Technology and Construction Court and the judge said in the hearing you made your bed lie in it.

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales