Jump to content


Registered Users

Change your profile picture
  • Posts

  • Joined

  • Last visited

Posts posted by the3roses

  1. Thanks, I actually had a hearing date, the court I went through had dispenced with an AQ quesionnaire and just gave me a date for the hearing so don't know if that made a difference, no one was more shocked than me when the offer came through. Good Luck with your claims it does seem to be a bit hit or miss as to what they offer! I will plan how to spend the cash when I actually have the cheque in front of me!

  2. Hi


    Thanks for that, sorry to be a bit thick but who is Inga Kirkman? Does she work for Abbey, I don't seem to any correspondance from them with any address other than Abbeys head office.


    Thanks again, I have looked through loads of other posts but wasn't sure what would be the best way to go.

  3. Help!! I have received a court date for 14th August, things have not gone as I expected, I did not have to fill in an AQ, have not had to pay any addtional cost and the court have only seen my schdule of charges. I have spoken to the court and they just said thats all they need for now. I am feeling very nervous! I have sent all letters to Abbey before the court process and recieved the standard defence from them. Is there anything I can/should send them now to prompt them to settle before court. I have seen all links for court bundle but feel there must be something I can do to hassle them before this! Can anyone point me in the right direction?

  4. Hi Flybe09


    Are you definately getting an AQ as a lot of the courts are no longer bothering to send them out. It is worth having a list of your charges and copies of all your statements ready to send to the courts as they will want this info. We have a court date with shabbey in August and we had no AQ, have had to pay no addtional fee and have been told just to bring all our paperwork with us to the hearing!


    Good Luck

  5. Hi


    Just to warn you we didn't get an allocation questionnaire as apparently the courts are now dispensing with them! However be warned we phoned the court to check what was going on and they told us it was being processed, we then received a letter saying unless we provided evidence of how the claim was worked out (e.g schedule of charges) then the case would be struck out! We had a day to get it there. It might be worth sending all your statements and a schedule of charges to the court. We have now received a court date so I have no idea what will happen now!

  6. Hi


    I need help, we are currently battling abbey and have had a letter to say there will be no AQ, we called the court to see if we needed to do anything and they said no just wait. We received a letter today to say unless we served a fully particularised claim form detailing how the claim is worked out it will be struck out, they want this by the 11th! I have another problem in that the PC I worked the claim out on blew up so I don't have the original spreadsheet, I have done it again but the intrest is more (about £60.00) Can anyone help?????

  7. Hi


    I have just received a notice of transfer of proceeding from MCOL. \in the paperwork it states:


    Without hearing




    1.The filing of an allocation quesionnaire be dispensed with in this case unless the district judge at the court of transfer orders otherwise.


    Note: Any party affected by this order may under Rule 3.3(5) apply to have it set aside, varied or stayed. Such a party must apply under Rule 23.3 within 14 days of service of this order.


    HELP!!!! what does this mean, we have already gone through this process with Lloyds and won but when it was transferred we received and filed the AQ and Lloyds settled 7 days after it was filed.


    Not really sure what this means.


    Any offers?

  8. Hi


    I am after some advice, after sending all letters to Abbey to reclaim £2707.00 of bank charges we finally filed a claim with MCOL. Abbey have acknowledged and we have just received a letter from them asking for details of:


    All charges we claim have been added to our account and how we worked the intrest out.


    Our account number!!!!!!


    Telephone number and e-mail address.


    They are also saying this information should have been filed with our claim.


    Not sure what to do, should I ignore this or reply. They also state they need this information to work out their defense and that they are intending to defend.


    Any advise would be great.

  9. Hi


    I got my refund after I sent my AQ in and as far as I know Lloyds didn't, as I said we got the letter from Lloyds a week after we had returned our AQ wilth full settlement. I attached the following draft for direction in my AQ



    In the #### County Court



    The Claimant shall within 14 days of service of this order send to the Defendant and to the Cour

    • 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

    Again make sure you can comply with the order before sending! It basically means that they have to disclose a full account of how they make up their charges before you get to court and obviously they don't want to have to do that!!! It is instead of asking for full disclosure and the judge is more likely to send it out. I found all this on the website in the court section. Good Luck.

  10. WON - £3420!


    We have just done battle with Lloyds TSB and it went exactly as you descibed above, when we got the Allocation quesionaire and after extensive searching of the CAG website decided to fill it in using the new tatic as shown which included direction order (make sure you do your research and are happy to compile all thats is required to comply with the order) much to my suprise a week after we returned the quesionnaire a letter came from Lloyds stating they had settled in full! Good Luck with your claim. You will find everything you need here to help you defend this claim!

  • Create New...