I have found this really useful link have a read worth a try i will be doing this when i get mine through it relates to hsbc but i am sure we can use it i also read on on of the links the courts are sometimes doing away with the aq's and going for court hearing date they are fed up with the banks stalling, how can they defend the charges are unfair
The Court Manager
****** County Court
You -v- Bank Plc
Claim Number: *******
It is noted that in my case referenced above that the Allocation Questionnaire has been dispensed with. I am aware that this is likely due to the large volume of claims that consumers are bring against the high street banks. I am also aware that to date the banks have failed to defend a case in the courts and that they often use the court process to extend and delay the period of time within which they deal with these matters satisfactorily.
In light of this the Claimant respectfully suggests that special directions may be made as per the enclosed draft order.
The Claimant believes the proposed directions will further the Overriding Objectives in that they identify the most fundamental issues in dispute (as detailed below), and allow them to be assessed in advance of any hearing so that this claim may proceed justly and expeditiously.
- The crux upon which this claim rests is the true loss suffered by the Defendant as a result of the contractual breach from which its charges arise. If the Defendant cannot substantiate the cost of each charge as proportionate to its loss incurred, it has charged contractual penalties contrary to the Unfair Terms in Consumer Contracts Regulations 1999 and common law principles established since the early 1900's.
- In the event that the Defendant's charges were accepted as being a fee for a service (which is refuted), examination of its true costs is required to determine whether the price is reasonable as required by the Supply of Goods and Services Act 1982.
The Claimant believes that if the Defendant has the serious intention of defending this claim at trial as is indicated by its defence, that it is incumbent on it to disclose such information. Further, the proposed directions are already routinely ordered in claims of this nature in the Mercantile Court in London, as well as in small claims track cases in Leicester, Derby, Chesterfield, Northampton and Mansfield County Courts.
As the law relating to contractual penalties is long established, the Claimant believes the outstanding issues to be of fact. Accordingly, the Claimant respectfully requests that this claim be allocated to the small claims track, and estimates that the hearing of the claim should last no longer than one hour.
enc: Draft Order
THEN ON A SEPARATE PIECE OF PAPER - THIS:
Draft Order for Directions
1. The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:
a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made;
b) Copies of any statement or other document relied upon as showing that each and every charge has been made;
c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;
d) Copies of decided cases and other legal materials to be relied upon.
If the Claimant fails to comply with this order, the claim will be struck out without further order.
2. The Defendant shall within 14 days thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed;
a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;
b) Whether such charge is accepted to be a penalty, and if not why not;
c) If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was;
d) If such charge is not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable.
e) Any witness statements.
f) Copies of decided cases and other legal materials to be relied upon.
If the Defendant fails to comply with this order, the Defence will be struck out without further order.
AND ONE FURTHER BIT OF INFO - I KNOW IT'S DRAGGING THIS POST OUT BUT I THINK IT BEST TO HAVE AS MUCH AS POSSIBLE ALL IN ONE PLACE SO:
If the judge were to grant the draft order it would mean that when the court asks for the info - this is it, in triplicate (one set for you, one for the court and one for dg) - so DON'T do this until it is ordered by the court and it is about 5 days from being required as it is a heck of a lot of copying - probably over 200 pages times 3.
but this is the info that would be required should the draft direction be made an order:
If the judge agrees with the draft order and makes it a direction, it will come back to you and you will have at least 14 days (the date will be on the paperwork) to send in four things:
a) your schedule of charges. (ie a copy of your spreadsheet)
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!