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prelimanary trial ordered by judge


steter
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received the Allocation Questionnaire in the post this morning- tips anyone? Also, my case has been moved to Canterbury Court, and a further £100 has been requested for Court costs(on top of the £120 when i filed my claim), Why is this?

steter from dover, successfully reclaimed £2700 from Abbey thanks to THIS website

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The £100 is the fee for dealing with the Allocation Questionaire. Once the judges have received the AQ's from both the Defence and the Claimant, he/she will decide, apart from anything else, on which track this case should be placed (ie. Small Claims, Fast or Multi-track).

 

Did you reject their offer?

 

Neil.

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yep, i must confess, i was tempted, but after yours and whizzkids dealings last wwek, i'm glad i didn't.

steter from dover, successfully reclaimed £2700 from Abbey thanks to THIS website

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  • 3 weeks later...

last week i filled in my allocation questionnairre for the impending court case with abbey. In the evidence section i stated i intended to prove abbey had taken x amount of money from my account by producing statements in my possession; i further stated abbey already had this informatiion to hand.

a) Should i have given a full breakdown of charges to the court? and

b) Will abbey now be able to deny having the informatioin already( i had six years of statements(minus 1 month) in my possession) as i didn't dpa them?

steter from dover, successfully reclaimed £2700 from Abbey thanks to THIS website

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Have you actually prepared a schedule of charges and canlculated interest on those charges? If you have, it would make life easier to send a copy to Abbey or their solicitors (if you've been notified that they've been appointed) and a copy to the court quoting your case number.

 

At some point you will need to produce this and not doing so merely gives Abbey an opportunity to prevaricate.

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cheers seminole.... i have followed all the guidelines in the step-by-step(l.b.a etc), and used the excel facility to calculate the interest etc-should i just send the court in the spreadsheet(and abbey), with a key to the breakdown, or a morer detailed document(inc. photocopies of relevant statements) do you think?

steter from dover, successfully reclaimed £2700 from Abbey thanks to THIS website

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sorry to harp on seminole, but do you think if i send(by post) a copy to the court,and a copy(by e-mail) to the solicitor(dla piper), that should cover it?

steter from dover, successfully reclaimed £2700 from Abbey thanks to THIS website

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  • 2 weeks later...

received notification today of a prelim hearing to consider "use of expert evidence;special directions as to the evidence to be filed; time estimate for the final hearing. Any thoughts anyone?

steter from dover, successfully reclaimed £2700 from Abbey thanks to THIS website

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I would think that the judge is aware that these claims are not reaching court, and wants to try and force the hand of the bank to come up with the goods. On another case the Judge commented on the fact that the bank were not planning on calling an expert witness - his view was that surely they would need one to give evidence of how the charges were calculated.

 

May be wrong - but that is my gut feeling.

 

 

 

 

 

 

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thanks for that al; the letter also says that if either side fails to turn up, an order may be made against them, and also that if both sides agree at the hearing , he can make a decision. Should i push for this do you think. Also in the other case , what was the outcome?

steter from dover, successfully reclaimed £2700 from Abbey thanks to THIS website

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thanks for that al; the letter also says that if either side fails to turn up, an order may be made against them, and also that if both sides agree at the hearing , he can make a decision. Should i push for this do you think. Also in the other case , what was the outcome?

 

In the other case the bank settled rather quickly. On your first question though, I need to seek further advice, but it does say that he can only make a decision if both sides agree. I would find it difficult to see how he could make a decision if both parties attended the hearing with a valid case (however tenuous that case may be).

 

 

 

 

 

 

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I mentioned about the AQ in my thread. I based my view on the book by Patricia Pearl - Small Claims Procedure: A Practical Guide. I quote from it for you:-

In order to co-operate with the other side it is good practice to send a copy of the completed allocation questionnaire to them, but the rules do not currently require this to be done.

We didn't get a copy but we did tell DLA Piper about good practice and co-operation. We also said we will be refering the lack of co-operation to the judge at any hearing. As it happens they have offered to pay up in full before any further action was required. Just waiting for the money before I advise the court!

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expect an offer very soon :D

 

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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Hi,

 

What date is your pre'lim trial?

 

Ive had a letter from the court titled Notice of Allocation or Listing hearing.

Reasons for hearing: To determine issues and length of hearing.

 

do you think it is a similar thing?

 

 

Steph x

NatWest - £3702.94 - Won.. Done and Dusted!!

Lloyds - £771.52 - Nearly there...

 

The Daily Mirror, GMTV, Granada Reports........

Hollywood Next!

 

Check out how I re-claimed my unlawfull bank charges:

http://www.consumeractiongroup.co.uk/forum/NatWest-bank/4797-stephanie-NatWest-i-i.html

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sounds the same to me. Mines on the 10th august. I'll post the full letter tomorrow and you can make your own mind up. What day is yours on?

steter from dover, successfully reclaimed £2700 from Abbey thanks to THIS website

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Oh poo! was hoping yours was first, mines 26 July!

NatWest - £3702.94 - Won.. Done and Dusted!!

Lloyds - £771.52 - Nearly there...

 

The Daily Mirror, GMTV, Granada Reports........

Hollywood Next!

 

Check out how I re-claimed my unlawfull bank charges:

http://www.consumeractiongroup.co.uk/forum/NatWest-bank/4797-stephanie-NatWest-i-i.html

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Saturday! The letter is dated the 7th July.

 

When did you get yours?

NatWest - £3702.94 - Won.. Done and Dusted!!

Lloyds - £771.52 - Nearly there...

 

The Daily Mirror, GMTV, Granada Reports........

Hollywood Next!

 

Check out how I re-claimed my unlawfull bank charges:

http://www.consumeractiongroup.co.uk/forum/NatWest-bank/4797-stephanie-NatWest-i-i.html

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We had a notice of allocation hearing from the court dated 4 July and then the 100% offer came dated 7 July (received the next day). Perhaps there will something on the mat for you tomorrow!

 

 

OOOOh i hope sp Jhh!!!

 

Fingers crossed Steter, Good luck!

 

Keep us posted, ill update my thread if a hear n e thin an send u a message xx

NatWest - £3702.94 - Won.. Done and Dusted!!

Lloyds - £771.52 - Nearly there...

 

The Daily Mirror, GMTV, Granada Reports........

Hollywood Next!

 

Check out how I re-claimed my unlawfull bank charges:

http://www.consumeractiongroup.co.uk/forum/NatWest-bank/4797-stephanie-NatWest-i-i.html

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I won Steter!!!!!

 

Recived a cheque for full amount yesterday!

 

You should be next hun!

 

Heres my link if you wana c

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/4797-stephanie-natwest-i-i.html

 

GOOD LUCK!

NatWest - £3702.94 - Won.. Done and Dusted!!

Lloyds - £771.52 - Nearly there...

 

The Daily Mirror, GMTV, Granada Reports........

Hollywood Next!

 

Check out how I re-claimed my unlawfull bank charges:

http://www.consumeractiongroup.co.uk/forum/NatWest-bank/4797-stephanie-NatWest-i-i.html

Link to post
Share on other sites

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Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

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