DLC -Lloydstsb

[datxman]

Just filling in the AQ form N150 and I am a bit stuck on a couple parts of it. Can anyone help?

 

The parts I am stuck on are section D. Where is says Witness to which facts? what do I put in there?

 

Section F. Proposed Directions? What do I need to put in here.

Section H. I am unsure on all of this bit

 

I am looking through the template section but I am getting all confused

 

Thanks in advance

[Michael Browne]

No to Experts

See here for proposed directions:

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html#post441555

[N_R]

Received ‘Notice of Issue’ deemed served on the 30th of December 2006? There is a form attached. Do I do anything with it?

Also received today in the post an allocation questionnaire as LTSB have filed a defence. The defence looks like it’s a ‘Dear John’ defence as it relates to ATM’s and debit cards which we do not even have on the account.

[datxman]

Thanks for that Michael. The link is very useful and I will use it indeed.

 

The bit about witnesses is not asking for experts more like if you have a witness to your claim, in the notes on this forum is says to include yourself in this.

 

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?

 

It then asks

to which facts

What do I put in there?

I don't want to get this wrong. Also once I have completed this should I send a copy to [problem]?

[GaryH]

Just put one witness and leave the to which facts bit blank.

 

Yes, send a copy to SC&M, although you don't actually have to.

[GaryH]

No, don't do anything with the form attached to the notice of issue. Thats only if you need to file for judgement by default.

 

Received a defence already? That was quick! I presume its your standard 9 point 'service charge' nonsense, yes?

 

As to the AQ, I would suggest you consider using the new strategy, which could potentially reduce the time your claim takes by months. Read about it here - http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html

[datxman]

Another problem I have with the AQ it is asking if I intend to make any further applications in the Immediate future ?

 

What do I put down there, because as soon as I have won this case I am going for round two.

[GaryH]

Put no. You'll be starting a brand new claim for round two.

[datxman]

Great, thanks forthat I have now submitted my AQ. They have until the 22nd Jan to do theirs. When or if they put one in do they send me a copy as I have sent them one.

I know that the nice lady down at the courts said they should do?

[GaryH]

Chances are they'll send you one yes, although they are'nt obliged to.

[datxman]

Cheers GaryH I wait and see what they put on theirs lol:D

[datxman]

Lloyds TSB/ SC&M have until the 22nd to submit their AQ, how soon do you tend to hear, about when you have been set a court date. Is it about a week after the date (22nd Jan)?

[GaryH]

A week - you'll be lucky! Most courts now are taking around a month or more to allocate. Some are sooner, but I would'nt expect a court date through anytime soon. You can always fing the court every now and then for a progress check, they should be able to tell you when the file is going before the judge. I'd leave it a couple of weeks yet though.

[datxman]

Nothing happens quick does it, I have just been reading that article in the Daily mail today about the RBS having the balliffs sent in to them - ha ha sweet justice I would love to do that to Lloyds TSB.......

 

Datxman v Lloyds TSB 2006

Data Protection Act letter sent - 14/08/2006 due date for reply 28/09/06

LBA sent 04/09/06 - £4185

N1 form submitted for one account - 28/12/2006

Datxman v Capital One 2006

S.A.R - (Subject Access Request) letter sent - July 2006

Non-compliance letter sent - 11/09/2006

enforcement letter sent - 11/09/2006

Statements finally received - 27/09/06

Prelim Letter - sent 28/09/06 - £540

Datxman v Barclaycard 2006

S.A.R - (Subject Access Request) letter sent 02/09/06

recieved statements 08/09/06 (thats quick)

Prelim. letter sent asking for £346 - 11/09/2006

Partial refund £144 - rejected 16th September 2006

LBA sent - 27/09/06

N1 form submitted - 02/01/2007

Durham Pine Furnishings 2004

Settled in full 2004 £330

 

Time has run out for the banks

[N_R]

Yes its the 9 point defence, it's obviously a standard reply because some of it doesn't relate to our account such as debit cards etc.

 

 

I've read through the link for the new advice on AQ's, but it appears once again I'm thicker than I thought. How does it relate to completing the AQ that the court has sent N150 (along with the request for another £100)?

[GaryH]

Fill it in as per the guide notes in the templates library, except in the proposed directions section put "please see the attached draft order for directions", and in other info put;

I respectfully request 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 law relating to contractual penalties is settled law since the early 1900's. The issue is whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred.

 

Accordingly, the claimant proposes the attached draft order for directions, for the courts due consideration.

I estimate that the hearing should last no longer than one hour.

Then attach the draft order to the AQ and send back to the court, with a copy to SC&M.

[N_R]

Gary, thanks again for the help. Can you just confirm one thing? Do I send a copy of the AQ to the LTSB or Just to SC&M

[BARTY]

Hi

Just a copy to SC&M.

Barty:)

[N_R]

Just been to the County Court (Durham) to file the AQ.

 

While chatting to the clerk, she told me they were scheduled to do 12 of these cases Thursday and Friday. I asked if there was any way I could find out the outcome, and she said no, but as part of the settlement most people were receiving they were unable to disclose the outcome.

 

She hadn't as yet seen one actually defended, and I sort of got the impression that it was litterally upto the trial that some were being settled.

[N_R]

I filed the AQ at the court on the 24/1/07. I know I have the prep to do as per the AQ (new guidelines), but I assume that is only if the judge orders it. What do I receive now?

 

I also think I accidently sent SC&M the spare copy of the AQ so I don't have one. Got my version of the orders saved on the PC.

[GaryH]

The court will allocate your claim and issue you with a court date and directions. You'll then have to submit your court bundle. You could be waiting around a month for allocation now though, or even longer if your unlucky.

 

Don't worry about not having a copy of the AQ.

[datxman]

I have just received my court date, it is on the 21st March 2007. all documents must be submitted before 27th Feb.....oh scarey stuff now but I am loving it:D

[GaryH]

Excellent. The end is in sight now. Are you ok with what documents you need to provide?

[datxman]

Not really I always worry that I have forgotten something even though I have read the site billions of times

 

I will need a 3 copies of the following:

 

Any letters sent to the bank

Statements / S.A.R. reply

Statement form me

Revelent case law

EDM from house of parliament

Dunlop v new garage

UTCCR 1999

SOGA 1982

UCTA 1977

oft statement re: charges

 

Is that correct?????

 

p.s. did not get a copy of their AQ - nice of them isn't it

[N_R]

I've got my court date now of the 13th of March.