Confused but *** WON ***

[GuidoT]

Does not generally work like that. They usually issue a defence at the last minute and then offer to settle in full (save pre 6 years and contractual interest) around the time of AQ, circa 6 weeks time. Although they can be a bit random.

 

As you filed using MCOL you need to send 2 copies of your schedule of charges, clearly marked with your claim no. and a brief covering letter asking for them to be filed with your claim to:

 

The Court Manager,

Money Claim On Line

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

Yours sincerely,

 

Wait until you receive the Notice of Acknowledgement (not the Notice of Issue) from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim

 

Dear Sir,

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

Yours faithfully

[stephgraham]

do i do all this if they issue a defence? as on the mcol website it says claim acknowledged 15/02/07

[GuidoT]

Yes, it needs to be done irrespective.

[stephgraham]

Hi have just received letter from the court this morning to say that lloyds has filed an acknowledgement of service what do i do now?

[GuidoT]

Nothing except wait. You will receive the Allocation Questionnaire and Defence from the court in around 3 weeks time.

 

These should help you complete the AQ, New Strategy really a must now:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

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

[stephgraham]

thanks GuidoT will print everything off and go through it all will keep you informed and no doubt be asking loads of questions!

[stephgraham]

Hi Guys,

 

Have just received my Allocation Questionnaire this morning, was wondering if someone could help me fill it in?

 

A: Settlement, do you wish any further action in this claim to be postponed for one month so that you and the other party can attempt to settle the claim either by normal discussions or by alternative dispute resolution? Do I tick no for this?

C: Do you agree that the small claims track is the most suitable track for this claim? Do I tick yes for this?

D: Witnesses so far as you know at this stage, how many witnesses (other than yourself) do you intend to call to give evidence at the hearing? What do I put for this?

E: Experts, do you want permission to use an expert's report at this hearing? What do I put for this?

F: Hearing, are there any days within the next four months when you, an expert or a witness will not be able to atten court for the hearing? The only time I wouldnt be able to attend is 11th March to 18th March do i put that down?

G: Other information: What do I need to put here?

Thankyou to anyone who can help me with these questions i'm totally lost and really want to get this sorted asap.

[cindytc]

New strategy for Allocation Questionaires

 

Allocation Questionnaires - A guide to completion

take a look at these this should help

[stephgraham]

So do i fill in the Draft order for directions and attach that to my AQ and also in section G do i copy the Passage for section G - 'other information' The Claimant proposes the attached draft order for directions, for the courts due consideration. etc etc?

[cindytc]

what i did was headed the draft order as section g

[stephgraham]

Thanks for your help, have filled in all the sections now and attached the directions order one other question can we claim the £100.00 costs back?

[BARTY]

Hi

Yes you will get the £100 back when they settle.

Good luck, shouldn't be too long now.

Barty:)

[stephgraham]

Should i start getting together the court bundle and if so could you give me advice on the following:

 

A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;

Copies of decided cases and other legal materials to be relied upon.

How do i go about doing this?

[cindytc]

Basic Court Bundle have you looked at this its got every thing you need

look through make sure you understand everything before you start putting it together i sent my aq off last week so we are at about the same stage

[sparkle51]

I have just checked out the court bundle but when it came to following the link for the OFT summary statement the OFT have moved it and it is no longer there. Any clues where it can now be found?

[stephgraham]

Hi bit confused over this court bundle can someone please explain what i need to put in it.

 

Thanks

[dolly]

Here is what you need

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

[stephgraham]

So i print everything off on the court bundle? on the early day motion it has this :

DEFAULT BANKING CHARGES

22.05.2006

Goldsworthy, Julia

That this House notes with concern the exorbitant costs to customers of default charges applied to current and credit card accounts, which cause distress and alarm to consumers, and in particular to the financially vulnerable; welcomes the statement by the Office of Fair Trading (OFT) that a default charge should only be used to recover certain limited administrative costs; recognises the work by Which? to challenge excessive bank charges; commends the thousands of consumers who have challenged these default charges with their providers, many using the free information made available from Which?; and calls on current account and credit card providers to respond positively to OFT's statement.

do i just copy that bit or is there more? also it says that the oft summary has been moved could you point me in the right direction please?

[cindytc]

no need to start printing yet just read through and make sure you understand you may not even need it they sometimes settle before you get that far read my thred if you like it might help good luck

[stephgraham]

Just thought i'm sending my AQ off on wednesday can you tell me what i need fot the paperwork below

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.

[stephgraham]

just realised i dont actually need this until 14days after i've sent my aq off do i, not having a good day today!

Sorry for being bumb!

[cindytc]

you send your aq and enclose this for part g

 

 

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.

[cindytc]

then you wait to see if the judge agrees to go with what you are requestinig then you suply coppies of statement bla bla bla

[stephgraham]

so when i send this on wednesday i have 14 days from 7th to prepare a,b,c & d on the claiment side and send that off to the court by the 20th march?

[stephgraham]

does the court contact me to say if they agree or not?