druids36 v woolwich/barclays

[welshcakes]

Hi Druids

Allocation Questionnaires - A guide to completion

read in conjunction with
http://www.consumeractiongroup.co.uk...ation+STrategy

[Druids36]

Hi everyone.

Just a quick question with regards to the AQ I am currently completing.
In section D it asks for the amount of the claim in dispute. Do we enter the figure we sent the original claim for, or adjust the figure to include interest up to todays date ?

Thanks

[welshcakes]

Hi Druids

Use the original figure; your claim POC already makes provision for the accruing Statutory Interest.

[Druids36]

hello anyone out there??

urgent questions regarding N150 AQ.

1) in d section witnesses- do we put both of one of us in there and what do we put for " witness to which facts"?

2) in H section it asks " Do you intend to make any applications in the immediate future"? yes or no ?
WHAT????? do we??

Help please druids

[Druids36]

Well we completed our AQ and returned it by the given date of 10/08/07.
But Barclays did not, it seems that banks make the rules as they go along. It turns out, it now gets passed to the district judge who will write to Barclays in a weeks time giving them another 7 days.:o

How unfair is that. I know if we failed to meet the dead line that would be game over. Oh well at least its not on hold and our court is still pushing forward. Only another 2/3 weeks and will will hopefully have an answer. Will keep you all posted to what happens.

[welshcakes]

Hi Druids

Sorry, been away on hols.

I know it seems that the banks are dictating the court timetables and in any other circumstances, I feel sure the judges would be sticking to the rules but this issue seems to have them running scared.

I would prepare a http://www.hmcourts-service.gov.uk/c.../n225_0406.pdf anyway and hand it into the court by hand on Tuesday - it can't do any harm, doesn't cost anything and if there are any further abuses down the line, you also have a stick to beat the court with - the fact that you rightfully asked for Judgement and if they had awarded it in a timely fashion as they are obliged to, further fiasco and time wasting could have been avoided.

It also paves the way for a warranted Wasted Costs Order.

[Druids36]

Hi, do we complete this form as if they had done nothing, because the only thing they have missed is the allocation questionair. Just want to make sure we get this right. I know its only 2/3 weeks until the district judge gets involved so don't want to get anything wrong at this point.

Please advise

Thanks

[welshcakes]

Hi Druids

If the court ordered directions that the Defendant should submit an AQ by an certain date, and they have failed to do this, then yes, you have good cause to request a Judgement.

Ring the court and make sure they haven't received the AQ. The judge may well say it isn't a 'serious enough' breach of process to warrant a Strike Out of Defence and often the court just decides to write a reminder to the bank giving them another week say - it is wrong if you are looking at playing by the rulebook, however the judge does have power to make 'allowances' based on what he/she feels is most reasonable and efficient in the fair handling of the case.

Many judges feel letting the bank ignore timetables constitutes fair handling - hmmm!

[Druids36]

Hmmm, Well the court are not even sure now if the AQ has been returned as they made an "admin error" when keying the return of our form and Barclays some how have until 3rd Sept. Then the court will write to them giving another 7 days. If not returned then, their defence will be struck out.

Why put dead lines on the return of forms if they are going to give the banks longer. If it were us we would have lost by now. Our justice system sucks. The little guy always draws the short straw.

Lets hope things move in the right direction, I suppose its only 10 days then the judge decides what happens anyaway. Just so frustrating

[welshcakes]

Hi Druids

Very frustrating. Quite honestly, I would ring the court today to see if anything has come in. If not, prepare your Request for Judgement and deliver it down to the court with a copy of the Directions giving the original deadline. They had 10/08/07 which the court then extended.

I would put in a covering letter pointing out that three weeks additional grace was ample time and that given the absence of any submission by the Defendant during that period, you believe the court is now in a clear position to proceed with the Default Judgement, and that further delay would be prejudicial to the defending party and demonstrate complacency on the part of the court to addressing evidential abuse of process.

[Druids36]

Well we finally got a response from the court today and its been put on stay until the test case has been resolved.

I know you can appeal against this on hardship grounds, so does anyone have any info or help they can offer with regards to this. If so I would be very greatful.

Thanks

[danielpope]

Him,

Read this: http://www.consumeractiongroup.co.uk...ml#post1046820

Dan.

[Druids36]

Well I have completed my request for the removal of the STAY. Here's hoping. Otherwise things do not look good for us.

[Druids36]

At last, after many phone calls and a letter of complaint to the court, they have found our paper work and last week we were granted a hearing for the removal of stay on our case against the woolwich/barclays. So roll on 08/05/08. If anybody has any advice then please let me know. Mind you if all goes well this week we could all be looking forward to the stay being lifted

[Druids36]

Oh well, the court didn't want to take any responsability so the stay remains. So we carry on with the great waiting game