Please help with Allocation Questionnaire N150

[magirose]

Allocation Questionnaire , N150

 

Can anyone help me with completing this form? I have spent the whole of today (and I mean the whole of today) trawling through the different posts looking for help!

 

There is a lot of reference and links to ‘Allocation Questionnaires – Guide to Completion’, which is no help as I can’t find this guide!! ALL the links take me to a page that is meant to be the library section but it only takes me to the first page and I’ve gone through the different articles/posts and links on this page and none takes me to the said guide! This is very frustrating.

 

A lot of people in the different post refer to this ‘unfound’ page as a reference to help others but I can’t find it.

 

Can someone please post a DIRECT link to this guide or help me if they can?

 

I need particular assistance with

 

C- Pre-action protocols

 

D – Case management information

 

F – Proposed directions

 

G – Costs (I read somewhere to just leave this blank as I’m representing myself)

 

I – Other information

 

The questionnaire was received after I filed my defence against an Egg claim. Please see link for history

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?277828-Urgent-Help-Need-Please-Re-EGG-Claim!!

 

 

I would really appreciate any urgent help, as this is due on Monday 15th November. I have been ill and not been able to deal with this but was going to give it my best shot today. I’ve called my local court and they have advised me to bring it in on Monday and they can forward a copy to the Business centre address on the form.

[magirose]

Anyone got anything for me yet? Please?

[Chipmeister]

Hi there,

 

I have "triangled" your thread to bring it to the attention of the site administrators so someone should be along to help you soon.

 

If ever you need urgent help, the triangle is at the bottom left hand corner of each post.

 

All the best,

Chipmeister

[magirose]

Oh great! thanks Chipmeister.

[rebel11]

Hi Mag

 

Heres the Guide, if your not sure about something just ask.

 

http://www.consumeractiongroup.co.uk/forum/content.php?565-Allocation-Questionnaires-A-guide-to-completion

 

Sorry multi - tasking, thats my excuse:wink:

[magirose]

Hi Mag

 

Heres the Guide, if your not sure about something just ask.

 

http://www.consumeractiongroup.co.uk/forum/content.php?565-Allocation-Questionnaires-A-guide-to-completion

 

Sorry multi - tasking, thats my excuse:wink:

 

I've tried all sort but this link is not working! I keep getting the message below even though I'm logged in.

 

Message from The Consumer Action Group

magirose, you do not have permission to access this page. This could be due to one of several reasons:

 

Your user account may not have sufficient privileges to access this page. Are you trying to edit someone else's post, access administrative features or some other privileged system?

If you are trying to post, the administrator may have disabled your account, or it may be awaiting activation.

Log Out Home

 

[magirose]

Can anyone else help please? can someone please try and open the link above and see if it works?

[wilchy]

Not working for me either

[wilchy]

Have you looked at this?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?131499-Directions-for-N150-or-N149-Allocation-questionnaire

 

I am also having a problem with sorting out my aq. Hopefully someone can help us.

[magirose]

Thanks Wilchy for trying the link. And yes, I've read that post but it doesn't really tell you how to complete the questionnaire.

Hopefully Rebel11 can repost the link, I've sent a PM.

[maroondevo52]

This one works ok for me...................

 

http://www.consumeractiongroup.co.uk/forum/content.php?565-Allocation-Questionnaires-A-guide-to-completion

[magirose]

Tears!

 

Thanks Maroon but I'm getting the same message as above! I don't understand. Does it have to do with the fact that I'm a basic account holder and Rebel11 & yourself are 'Site Team'?

 

Gosh, this is not helping at all. I've spent the whole day trying to get info in completing the darn questionnaire and still nothing!

[wilchy]

Still no joy for me still with the new link?

[rebel11]

Hi mag

 

This guide is for claiming back charges, just so that you know the context, send me a PM when you've finished. I've only posted the bits you need.

 

Quote:

Section C - Pre-action protocols

Quote:

If an approved pre-action protocol applies to this claim, complete Part 1 only. If not, complete Part 2 only.

If you answer ‘No’ to the question in either Part 1 or 2, please explain the reasons why on a separate sheet and attach it to this questionnaire.

Before any claim is started, the court expects you to have exchanged information and documents relevant to the claim, to assist in settling it. For some types of claim e.g. personal injury, there are approved protocols that should have been followed.

No pre-action protocols apply to these claims, so TICK in part 2 - Yes if you have included a spreadsheet of charges etc, NO if you have not.

 

 

Quote:

Section D - Case management information

Quote:

Amount of Claim

What amount of the claim is in dispute?

Enter the total value of your claim in the space provided - This should include all interest but not costs.

 

 

Quote:

Applications

Quote:

Have you made any application(s) in this claim?

It is important for the court to know if you have already made any applications in the claim, what they are for and when they will be heard. The outcome of the applications may affect the case management directions the court gives.

Unless you know otherwise, there are no applications - TICK NO

 

 

 

Quote:

Witnesses

So far as you know at this stage, what witnesses of fact do you intend to call at the trial or final hearing

including, if appropriate, yourself?

Remember to include yourself as a witness of fact, if you will be giving evidence.

Unless you know of other witnesses, simply include your own details.

 

 

 

Quote:

Experts

Do you wish to use expert evidence at the trial or final hearing?

Oral or written expert evidence will only be allowed at the trial or final hearing with the court’s permission. The judge will decide what permission it seems appropriate to give when the claim is allocated to track. Permission in small claims track cases will only be given exceptionally.

Unless you know differently, TICK NO.

 

 

 

Quote:

Track

Which track do you consider is most suitable for your claim?

The basic guide by which claims are normally allocated to a track is the amount in dispute, although other factors such as the complexity of the case will also be considered. A leaflet available from the court office explains the limits in greater detail.

Follow the guidelines regarding the value of your claim and TICK the appropriate box.

e.g. Claims up to £5,000 = Small Claims Track

** Please bare in mind that claims marginally over £5,000 should still be directed to Small Claims Track - the judge would have the final decision, so it's worth giving it a try..

ALSO - The claim figures mentioned above are calculated BEFORE interest and costs are added.

If you are claiming interest ABOVE 8% (i.e. the contractual rate on your credit card) then you MUST INCLUDE this figure in your total.

 

 

 

Quote:

Section E - Trial or final hearing

Quote:

How long do you estimate the trial or final hearing will take?

We could reasonably estimate that hearings like ours would last approximately 1 hour. Simply write 1 in the HOUR section and leave the other fields blank.

 

 

Quote:

Are there any days when you, an expert or an essential witness will not be able to attend court for the trial or final hearing?

You should enter only those dates when you, your expert(s) or essential witness(es) will not be able to attend court because of holiday or other commitments.

Fill out any dates that you would NOT be able to attend a court

 

 

 

Quote:

Section F - Proposed directions

Quote:

Have you attached a list of the directions you think appropriate for the management of the claim?

Attach the list of directions, if any, you believe will be appropriate to be given for the management of the claim. Agreed directions on fast and multi-track cases should be based on the forms of standard directions set out in the practice direction to CPR Part 28 and form PF52.

This might include a directive to force the defendant (bank) to comply with a Subject Access Request under the Data Protection Act, or to include a direction that parties make Standard Disclosure.

It is possible that a Judge will refuse to give these directions, but at least you will have brought them to the Judge’s attention.

 

A suggested template for Draft Directions Revised version here

 

Quote:

 

In the XXXXXX County Court

 

Claim number XXXXXX

 

 

 

 

 

 

Between

 

 

 

XXXXXXXX - Claimant

 

 

 

and

 

 

 

 

XXXXX - 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.

[wilchy]

Had a quick look at your thread, im assuming that they didnt provide you with a CCA?

[magirose]

Thanks for the above information Rebel, I'll go through it and let you know.

 

Wilchy, they did actually send me a box full of papers which arrived after I had sent off my defence off. They sent me a printed document as the agreement which as far as I see, is not signed (apparently they are claiming I ticked a box as my signature), so no agreement has been received.

[wilchy]

OK so you have sent an embarrassed defence and afterwards you got some docs, were any of them that turned up in the package requested in your CPR? I would also highly reccomend reading through PT's thread on embarrassed defences here http://www.consumeractiongroup.co.uk/forum/showthread.php?283443-Embarrased-Defences-and-the-problems-with-them.%281-Viewing%29-nbsp if you havent done so already. Im sure it mentions in there on ways to amend your defence if need be. Not sure if this can be done through your aq?

 

Like I said im no expert at this sort of thing just from what I have been reading

[magirose]

Hello all,

 

I am not thinking straight at the moment.

I was meant to attend this hearing with Egg plc (claimant) which i couldn't attend.

I have now received a letter from the court stating

'Upon hearing the Solicitor for the claimant

Upon it appearing that the claimant has assigned this debt to Barclays Bank plc

IT IS ORDERED THAT the claim is struck out.

Dated ** July 2011'

 

 

What does this mean?

Would Egg or indeed Barclays, who I wasn't even aware had been assigned the debt, still be able to pursue this debt?

[citizenB]

It looks as though Egg has brought a claim against you which they then assigned to Barclaycard.. In fact I think Barclaycard have taken ownership of a great deal of EGG cards.

 

So it should have been B/Shark who are the new owners who brought the claim against you.

 

TBH, I dont know whether the same claim can be made but by a different claimant. I will try and find some one who can help

 

For the time being though.. it looks as though the claim has been struck out and no further action will be ongoing on this particular claim.

[magirose]

Thanks CitizenB.

 

Yes please, does anyone else know? I wasn't not even aware Barclays are involved or been assigned the debt until I received the letter from the court!

 

Please let me know if I need to do anything or just celebrate!!

[citizenB]

S.O.S. sent, hopefully someone will be with you soon.

 

I am sure there was something in the press with regard to B/shark taking over Egg accounts.. But are you saying that neither Egg nor B/shark have told you that it had been assigned ??

[AndyOrch]

Hi Magirose

 

CB as asked me to look in. Ok basically what as happened as CB as touched on somewhere along the line it as been brought to the Courts attention (prob via their Sol) that he claimant is not allowed to commence litigation in their name as the debt as been assigned to BC.Pre litigation or post who knows but they cant continue with the claim and therefore the DJ as no option but to strike the matter out.The court can strike out a claim if there is a failure to file documents on time, directions are ignored or the Claim is obviously spurious or malicious. Strike out means that the Claim process ceases but can be re-instated if there is good reason.Unfortunately BC may issue a fresh one in their name but you will have to wait and see so put an hold on that champaign for now:wink:

 

Regards

 

Andy

[magirose]

Thanks CitizenB & Andyorch. I will wait and see. And CitizenB, I didn't receive any notification of the debt being assigned to Barclays.

I'll keep you posted.

[AndyOrch]

Thanks CitizenB & Andyorch. I will wait and see. And CitizenB, I didn't receive any notification of the debt being assigned to Barclays.

I'll keep you posted.

 

A plus for your next defence then should you require one:wink:

[TINK660]

Magi, did it take that long for your case to go to court - from November 2010 to July 2011