what you mean by dispended? im a slow day today,lol

thanks When sending my AQ in do i need to attach an up to date verson for the charges and 8% calculator?

HI I have fillin in my AQ N150 form but unsure what to put in Part H: Do I write: OR Write: and attach this: Many thanks

Hey im at the AQ stage, and a bit confused. At the bottom of this post i have added everything i am sending with my N150. Could someone please check it out and see if its all correct and up to date so i can get the ball rolling and get these bank charges back Grrrr,lol Very much appreciated. Kbv1

i got it off this website, i sent this with my AQ: XXXXXX v Lloyds TSB PLC Claim No:XXXXXX N149 Allocation Questionnaire Section G - other information 1. If the court is in agreement, the Claimant respectfully requests that special directions may be given as per the attached draft order. The Claimant proposes these directions in mind of the Overriding Objectives, and in particular the duty of the parties to help the court further them. The issues outlined below are the crux upon which this claim rests, and the proposed directions identify these issues and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously; - The actual 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 contractual 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 upon it to disclose such information. Additionally, the Claimant is aware that the proposed directions are now 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, Willesden and Mansfield County Courts. 2. 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. 3. The Claimant is aware that the defendant is now routinely requesting a stay in proceedings in claims of this nature, by indicating an intention to negotiate a settlement in section A of their allocation questionnaire. The claimant is strongly opposed to such a stay, upon the basis that the defendant, both during and prior to this litigation, has rebutted or ignored all prior attempts by the claimant to narrow the issues in dispute, or otherwise engage in meaningful dialogue which may have facilitated an amicable settlement to these matters. It is submitted that the request by the defendant is highly likely to be an attempt to further frustrate and delay proceedings, and the pattern of settled cases so far would strongly suggest that the defendant does not intend to settle these matters until a hearing date is imminent. Accordingly, the claimant respectfully requests that any such request by the defendant is turned aside. In the XXXXXXX County Court Claim number XXXXXXX Between XXXXXX - Claimant and Lloyds TSB PLC - Defendant Draft Order for Directions 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. On part G of the AQ i wrote: Please find the following attached to this allocation questionnaire; 1) Section G - other information 2) Draft order for directions This allocation questionnaire and its attachments were sent to the defendant on **/**/**. That any help.. the one i used.

Hey Yeah he sent the Draft order for direction and the PART G pages above with his AQ. Do i need to send exactly the same with my aunties AQ as its a N150 and not a N149 like my brothers. I have read stratagy for new AQ and im a bit confused. The one above is that the most up to date one and also what do i need to write in part H? Im just so confused, hope you can point me in right direction Im very grateful for all help so far Thanks

HI I got an AQ yesterday and its an N150. I am a bit unsure what to write in part H. When i sent my AQ in for LLoyds back in april, it was a N149. I wrote in PArt G on that: Please find the following attached to this allocation questionnaire; 1) Section G - other information 2) Draft order for directions This allocation questionnaire and its attachments were sent to the defendant on **/**/**. ? Do i need o for my N150 state the above in part H and send the flowing 2 documents OR (down bottom) Now that Lloyds won a case im a bit worried the above was wrong, or is it ok as i got it off here from someone, also do i need to send this with the Barclays AQ or just write the following in part H and thats alll? I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer's contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument. However, the continuing problem is (in common with the 100s of other cases currently being brought by other bank customers) that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith. Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so and I believe this would bring a rapid end to this litigation. Im really stuck what to do, i hope someone can help me. Thank you

bump

he filledout the AQ as stated on here and sent in the above with it, was that correct?? also what does my auntie need to do on heer n150 under other info and also does she need to send in the above?

HI I was just wondering if someone would be able to help me with a couple of thing Bit suck,lol... Here it goes: My brother if filing against LLoyds for his banks charges and he has a court date set for June 16, 200 i think and Telford and hes a bit worried that if it actually goes to court and he turns up he wont know what to say.. Will it get that far after lloyds so called "winning" that case on wednesday? Dont think he wants to be up against some lloyds tsb lawyer boff and loose,lol Advise on this would be great... When he sent his AQ in he sent these attached documents, was this right.... Quote: XXXXXX v Lloyds TSB PLC Claim No:7TFXXXX N149 Allocation Questionnaire Section G - other information 1. If the court is in agreement, the Claimant respectfully requests that special directions may be given as per the attached draft order. The Claimant proposes these directions in mind of the Overriding Objectives, and in particular the duty of the parties to help the court further them. The issues outlined below are the crux upon which this claim rests, and the proposed directions identify these issues and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously; - The actual 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 contractual 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 upon it to disclose such information. Additionally, the Claimant is aware that the proposed directions are now 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, Willesden and Mansfield County Courts. 2. 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. 3. The Claimant is aware that the defendant is now routinely requesting a stay in proceedings in claims of this nature, by indicating an intention to negotiate a settlement in section A of their allocation questionnaire. The claimant is strongly opposed to such a stay, upon the basis that the defendant, both during and prior to this litigation, has rebutted or ignored all prior attempts by the claimant to narrow the issues in dispute, or otherwise engage in meaningful dialogue which may have facilitated an amicable settlement to these matters. It is submitted that the request by the defendant is highly likely to be an attempt to further frustrate and delay proceedings, and the pattern of settled cases so far would strongly suggest that the defendant does not intend to settle these matters until a hearing date is imminent. Accordingly, the claimant respectfully requests that any such request by the defendant is turned aside. In the Telford County Court Claim number 7TFXXXXX Between XXXXXX - Claimant and Lloyds TSB PLC - Defendant Draft Order for Directions 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. The help part of this thread is: My auntie has just received her AQ N150 form for claiming charges against barclays, do i need to send the above 2 documents with her AQ or just write in part H the following and just send in the completed form? Hope someone can help me,lol Many All

jeez! people are quick to respond on here thanks. natwest can suck it,lol

Hi My fiancee has been claiming charges from Natwest and won but default judgement as Natwest never responded to to courts in time. On saturday she received her cheque and a letter. At the bottom of the letter it said: Someone on another forum said send a letter to say that she excepts it but with no obligation. and posted this letter to send: http://www.penaltychargesforum.co.uk...ad.php?t=13308 With that letter asking natwest to pay me to keep my mouth shut, do i have to send that in before i pay the cheque in or after it has cleared so there is no risk of loosing it? also has anyone been sucsessful with this? Many thanks

just so i understand,lol i have to send the AQ N149 form, AQ Section G printout & Daft orders for directions to both my local court and lloyds tsb soliciters? Where do i find the solicters address also On the letter i had from the court which came with the AW, it only says to return it to the court by April 23rd, do i still send a copy? Thanks

Hi all! Im am just filling out Part G of the AQ to send back to the court but im a bit confused by bits,lol I have printed: AND ALSO AND THEN I HAVE WRITTEN ON THE FORM IN PART G: Do i also need to write: This allocation questionnaire and its attachments were sent to the defendant on **/**/**. ? and send it to lloyds tsb or just to the court? And also do i need to send another copy of the charges + the upto date interest calc sheet with my AQ? Many thanks and sorry for all the questions