Allocation Questionnaire re Welcome Finance

[Vikingbird]

My husband's just received an Allocation Questionnaire regarding a claim Welcome Finance has made against him. We've been searching the forum for help on completing this and have found some helpful advice but most examples seem to be for cases where he would be the claimant, not the defendant. On some aspects of the AQ, we're none the wiser and have only a very vague idea of what we should fill in. We don't really understand why he's been sent an AQ at all. He hasn't so far requested a copy of the credit agreement, should we take the opportunity to ask for this in the draft order we'd attach to section F? Although the amount claimed for is a bit more than £5,000, is it still advisable to request that it be dealt with under Small Claims rather than Fast Track? And what about section C - Pre-action Protocols? What on earth is that? Previous correspondence to the claimant? What we have done so far in an attempt to resolve the matter? We just want to fill the form in appropriately and correctly. He's had a very negative experience with the Court system in the past and is very wary of getting screwed again. When Welcome Finance filed their claim with the Court, the Court wrote to my husband asking if he disputed the claim (can't remember what the form was called now). He filled it in and attached a supporting statement , giving his reasons why he disputed the whole amount. Presumably it is as a result of this that he's received an AQ? Any help on filling this in, from a defendant's viewpoint, would be greatly appreciated.

[silverfox1961]

just bumping for you. I know nothing about AQ's

[DocH]

Just giving this another little bump.

[42man]

VB....these might help is it 149 or 150 ?

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/175566-upto-eyeballs-cl-finance-2.html#post1916595

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/159341-court-papers-received-what-6.html

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/158235-help-allocation-questionaire-soon-2.html

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/131499-directions-n150-n149-allocation.html

[Vikingbird]

Thanks for this 42man its a N150. Sorry to sound so thick but we don't know what the AQ actually is and what its used for. I checked the links you put on and I've already read them when I searched the site. I'm still just as confused.

 

We have until the 14th to fill the form in and we're currently none the wiser. My husband wanted to return the car to welcome finance informing them that he wished to terminate the agreement. Welcome refused to terminate the agreement, accept the vehicle back or allow us to sell it. Welcome claimed that we couldn't return the vehicle as there was an arrears on the account and a default notice had been served, the later certainly wasn't true. we have since stopped paying for the vehicle. They applied to Northampton CC and sent thru a defence form which my husband filled in disputing Welcomes claim and submitting a reasoned and solid defence quoting the 'sales of goods and services act' and Welcomes refusal to take the car back, terminate the agreement etc etc. We heard no more until this came thru and now were at a loss at what we should fill in on the AQ.

 

So I guess what I need to know is what should we submit on the form, what evidence do we need to include, what documents, what does the N150 AQ actually do/mean.

 

I basically need someone to walk me thru the form in relation to our issue. Again sorry to sound so thick but we're really in the dark. As you can see we're running out of time and could really do with the help. I appreciate all the support I've found on here and anything you can do to help would be greatly appreciated.

[creditcardmug]

Hi, as you have filed a defence, the court has sent a copy to the other side, and they have decided to continue...the court then sends an AQ to both sides to fill in.

 

In the AQ you make what is called a "Draft order for Directions", in this you are asking the judge to make this order, For example, the claimant must file and serve xxxxx documents by xxxxx date etc.

 

The other side also does this...the judge looks at both, and then makes an order based on this, and what he thinks should be in it.

 

If its just over 5k, i would go with small claims, as the costs are limited.

 

Is this a straight loan, or is it HP?

[082stewie]

subbing

[Vikingbird]

Hi, as you have filed a defence, the court has sent a copy to the other side, and they have decided to continue...the court then sends an AQ to both sides to fill in.

 

In the AQ you make what is called a "Draft order for Directions", in this you are asking the judge to make this order, For example, the claimant must file and serve xxxxx documents by xxxxx date etc.

 

The other side also does this...the judge looks at both, and then makes an order based on this, and what he thinks should be in it.

 

If its just over 5k, i would go with small claims, as the costs are limited.

 

Is this a straight loan, or is it HP?

 

Thanks for this its starting to make sense at last! It was HP for a car that I wanted to return. Basically the finance company misinformed and lied to me about my rights under the law. I consulted OFT about it and they clearly informed of my legal rights under the sales of goods and services act. The finance company lied about handing me a default notice, that I HAD TO maintain the agreement for the length of the HP agreement, that I couldn't return the vehicle with an arrears on it - which made no sense at all - and I couldn't sell it! I included in my defence letters written to the HP company stating my case and my rights under the law. So now I need to complete the AQ as best I can highlighting that I want the agreement cancelled and the vehicle, a vehicle which I have paid over 51% off the HP agreement, back as is my rights. That I object to being misinformed by the HP company and forced to keep a vehicle that I no longer wish to maintain on my drive, which I am considering charging rent for!

[creditcardmug]

Im not so well informed on HP agreements, so keep bumping this thread for someone else who does to advise.

 

If you have had a Default Notice, can you post it up, make sure you cover up anything which could identify you.

 

How old is the agreement?

 

Look at my posts in this thread for general info about filling in the AQ.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/170922-bryan-carter-help-4.html

[Vikingbird]

Yesterday we received a letter from the court saying the claimant hasn't filed their AQ. They've been given until Monday 2 Mar 09 to file one or the case will be struck out. If a case is struck out, is that the end of it or can they try again?

[42man]

Fantastic news VB !!! if it struck out I believe not 100% sure that they can't bring action again...

[creditcardmug]

If its struck out, they cant bring another action on the same basic lines without the courts permission...its highly unlikely they would get it.

[Doingmybest]

wha' appen?

[andie_303]

can't they apply to have a judgement put aside or is that only if you have a judgement in default as that is what Welcome did with me when I sued them

[creditcardmug]

can't they apply to have a judgement put aside or is that only if you have a judgement in default as that is what Welcome did with me when I sued them

 

There hasn't been a judgement...the court have stuck out the claimants claim, for abuse of the civil procedure rules...therefore there is nothing to set-aside

[Vikingbird]

Boooooo! It turned out that Welcome had sent an AQ to the Court after all, it had just been delayed by the snow, hence the extra time given:mad:. They never sent us a copy of it though, despite us sending them a copy of ours. Can we insist on seing theirs? The court has now obviously perused our AQs as they have now sent us a letter "Standard order for stay for settlement with consent of all the parties". So basically the claim is stayed to enable both parties to attempt settlement. One of the following steps must be taken: the claimant must notify that the whole claim has been settled or; either of us must write to the court requesting an extension of the stay period, explaining the steps taken towards settlement identifying any mediator, expert or other person helping with the process. This letter must confirm agreement of all the other parties or; all parties must file a completed AQ. Where a settlement of some of the issues in dispute has been reached, a list of those issues should be attached to the completed AQ. The list must be agreed by all parties. There was no mention at all about disclosure of credit agreement, default notices etc. Odd:confused:.

Well, the thing is, we have been trying to settle this for months now. What more can we do? Nothing's changed. Maybe we should just re-send the letters we have already written to them about this. As the judge obviously hasn't ordered them to disclose any documents, maybe we should send them a CCA request or an S.A.R.? What say you?

[creditcardmug]

or; all parties must file a completed AQ.

 

 

Theres the clue...so if you haven't reached agreement by the due date. resend the AQ, complete with directions/other info....either the same or amended, if you want to change anything. (you can download a copy of the form from HMCS website).

 

Obviously you cant consider a settlement, until they provide all of the documents they will be relying on.

I don't know why the courts make this kind of order, when they can see from your draft directions that the docs are required, before the case can move forward:confused:

 

If you want to see their AQ, go into the court office and ask for a photocopy, take your claim form as proof of ID