me v Yorkshire Bank

[sajabu2003]

AQ is Allocation Questionaire. YB might be disputing the charges because your schedule of charges doesn't add up to the figure they have, I know this happened with caro's case and she asked them for a breakdown of what they had for the charges. It might be a good idea for you to read through her thread which is now in the 'Successes' section. It might enlighten you to what to do or what will happen next.

 

Sarah.

[zebbydog]

zebby dog what is a AQ? Sorry im new to all this. I've check the MCOL website and it says that YB have disputed the chages. Will I recieve a letter to go to court? And Im sorry for stressing; but what are the chances that they will turn up at court??

TA

 

The AQ is basically a court form you fill in and send off.This helps to decide at which court your case is to be heard and which track ( small claims,fast track etc and the time it will take to be dealt with in court) There is a template in the library on how to fill this in.As for them turning up in court, its not likely.They havent done yet,but be prepared for them to take it to the wire and dont be put off by any of their threats it is all bull and bluster.

 

 

 

 

If I have helped please click the scales bottom right:wink:

[Martin Williams]

I have just recieved a response from Kirstie Ross who is the YB solicitor. And she has signed the defence saying that I have operated by bank in such a way which has incurred the charges.. blah blah

Is this standard procedure, It just seems so official..

Does anyone know what I need to expect next or where on this site I can look..

Thanks

[Martin Williams]

Zebby dog; this AQ form, is this something that I should be completing now..?

I haven't recieved a court date yet, just un sure of the stages...

[zebbydog]

Zebby dog; this AQ form, is this something that I should be completing now..?

I haven't recieved a court date yet, just un sure of the stages...

 

 

No you just have to wait for the court to send it to you.this will happen when their 28 days to settle or defend expire.It will have a date on it by which you MUST return it to the court, make sure you send it back promptly;)

[Martin Williams]

Thanku for your help. i'll keep u up to date with my progress

[westwell]

Any more news Martin?

[Martin Williams]

Hi everyone im back again. I have received the AQ to be completed.

Does anyone have any information which will be useful in completing the form?

Thanku in advance...

[Martin Williams]

Any more news Martin?

 

 

Sorry Westwell.. I didnt see ur reply.. Just received my AQ.

Im unsure about what info will help to complete the form accurately.

Also im thinking of going on a short trip and wondered whether it is possible to postponed the AQ for a month. I see on the form that there is a ticky box to delay it for a month.

[moss]

Look in bank templates library for allocation questionnaires a guide to completion here's a link

 

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

 

you can't delay the AQ there's a return date on it which you must comply with, the tick box you mention is to apply for a months stay to try and settle so it only delays the hearing date

[Martin Williams]

Look in bank templates library for allocation questionnaires a guide to completion here's a link

 

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

 

you can't delay the AQ there's a return date on it which you must comply with, the tick box you mention is to apply for a months stay to try and settle so it only delays the hearing date

 

Im completing the AQ now, it is asking about witnesses. Can I call my girlfriend as a witness to my financial situation? What have most people done?

Also can i put that im on holiday for 2 weeks with regards to the hearing dates?

[zebbydog]

Most put none for witnesses.Yes you can indicate when your holidays are

[Martin Williams]

also the form has a section G.. other information.

Do i need to write anything in this box.. sorry everyone im clueless..

[Martin Williams]

thanku very much for ur help... cant believe that i have got to this stage..cant believe that it is going to court...

[zebbydog]

also the form has a section G.. other information.

Do i need to write anything in this box.. sorry everyone im clueless..

 

I am respectfully requesting 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 issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

 

Also say you expect the case to last no longer than 1 hour

[Martin Williams]

Zebby not sure what to write in the G section further information. Do you have any ideas. Also from reading Caro's thread i was wondering how I go about claiming interest to todays date, rather than to the date that I have calculated in my last schedule of charges.

Not sure if I have spoken / written gobbledeegook,,,

[Michael Browne]

This is being used successfully:

New strategy for Allocation Questionaires

[Martin Williams]

its getting nerve wracking now... thanks Zebby i have completed section G now with ur help. I have another question being that my claim is just over £1,500 i have to pay a £100 fee to the courts. Can I attach a chque to the form, and who do I make the cheque payable to?

Thanku in advance

[Martin Williams]

thanku for your help Michael, but there is so much info there im unsure what to do next. If im totally honest, I would say that I dont understand it. Im guessing that I have to supply a draft order with my form..

[Michael Browne]

Can I attach a chque to the form

,Yes

and who do I make the cheque payable to?

HMCS (Her Majesty's Court Service)

 

 

Section G:

The Claimant proposes the attached draft order for directions, for the courts due consideration. If ordered, the Claimant believes these directions will allow the overriding objective's to be furthered in that they will fully identify the most fundemental issues in dispute (as detailed below), and allow them to be assessed so that this claim may proceed justly and expediously.

- The crux upon which this claim rests is the true cost incurred by the Defendent as a result of the contractual breach from which its charges arise. If the Defendent cannot substantiate the cost of each charge as proportionate to its loss incurred, it has charged contractual penalties contrary to the UTCCR 1999 and common law principles establised since the early 1900's.

- In the event that the Defendents charges were accepted as being a fee for a service (which is denied), examination of its true costs is required to determine whether the price is reasonable as required by the Supply of Goods and Services Act 1982.

As the law relating to contractual penalties is long established, the Claimant believes the outstanding issues to be of fact. Accordingly, the Claimant respectfully requests that the claim be allocated to the small claims track, and estimates that the hearing of the claim should last no longer than one hour.

 

 

And then attach a copy of the Draft Order. You don't have to do this if you don't want to.

[Martin Williams]

Michael i have already written on the form;

'I am respectfully requesting 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 issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.I expect the case to last no longer than 1 hour.'

 

Do I add your paragraphs to to the form.. what is the draft order? is that something I have to complete?

Im sorry, I have no idea...

[Michael Browne]

Do I add your paragraphs to to the form..

All but the last para, which repeats itself.

 

what is the draft order?

Read post#3 here;

New strategy for Allocation Questionaires

 

 

is that something I have to complete?

You don't have to comply with it until the judge agrees to issue it as a Direction Order. He might not.

[Martin Williams]

Michael I have had another read of the new strategy for AQ..And there is a template; draft order, which i think that I should complete and attach to the AQ questionnaire. And also submit your info on a separate sheet with the form.. Am I right ?:o

[Martin Williams]

thanku very much for breaking everything down for me.. It has been most helpful

[Michael Browne]

And there is a template; draft order, which i think that I should complete and attach to the AQ questionnaire

.

You don't 'complete' it just attach a copy of the order to the AQ

And also submit your info on a separate sheet with the form..

If you mean the info the Draft Order requires you to do, then no, not until the judege agrees to it and orders you to submit the info.