AQs - Stays & Strike out request - Page 4

bangerracer · 13th June 2007, 13:05

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.

tightbum · 13th June 2007, 14:51

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?

Tini · 16th June 2007, 15:29

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

Dingle · 16th June 2007, 16:36

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.

GaryH · 16th June 2007, 21:01

Quote:

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.

Quote:

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?

Dingle · 17th June 2007, 10:08

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.

GuidoT · 17th June 2007, 10:21

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 · 18th June 2007, 15:45

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...

GuidoT · 18th June 2007, 16:46

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

pward33 · 18th June 2007, 20:01

Quote:

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.

minnie2 · 18th June 2007, 20:13

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 · 19th June 2007, 17:24

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 · 19th June 2007, 17:36

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

Yes it is suitable.

TUTTSI · 19th June 2007, 17:50

Quote:

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

innocent · 20th June 2007, 02:06

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 · 20th June 2007, 11:09

Quote:

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 · 20th June 2007, 12:03

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

innocent · 20th June 2007, 13:54

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)

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