Pot-less v Natwest.

[Michael Browne]

Section F:

Allocation Questionnaire - Draft directions order

New strategy for Allocation Questionaires

[pot-less]

Thanks for that. Do I attatch it even if I don't actually understand any of it?

 

Can anyone give me any guidance on any of my other point of concern (above) pleeeeeeeeease:confused:

 

This isn't anywhere near as easy as the money saving guy made out it would be

[Deller]

You should find everything you need here.

 

 

Allocation Questionnaires - A guide to completion

 

You could also propose a Draft Directions Order:

New strategy for Allocation Questionaires

 

Other Information - Section G:

 

 

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.

 

However, the continuing problem is, (in common with the 100s of other cases currently being brought by other bank customers), that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

 

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. This would bring a rapid end, not only to this litigation, but would also likely bring an end to much of the litigation in progress against other high-street banks.

 

It's a bit of squeeze, but very important you enter all the details.

 

Include copy of schedule

 

Cheque to HM Courts Service

 

Fee will be added automatically to your claim

 

Send copy of your AQ to Cobbetts

 

Hope this helps!!

[Michael Browne]

In N150 this goes in Section H

 

 

Other Information - Section H:

 

Quote:

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.

 

However, the continuing problem is, (in common with the 100s of other cases currently being brought by other bank customers), that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

 

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. This would bring a rapid end, not only to this litigation, but would also likely bring an end to much of the litigation in progress against other high-street banks.

 

Do I attatch it even if I don't actually understand any of it?

 

It is asking the judge to issue a Directions Order that will require you to submit your court bundle (something you would eventually do anyway), but also ordering the bank to disclose a braekdown of their costs . The idea is that rather than do that the bank will settle sooner.

[Deller]

Thanks Michael, forgot to change that part.

[pot-less]

Sorry if I'm getting on your nerves here but can I just clarify the points on the "draft order for direction"

The things I would be required to submit are:

a) my schedule of charges

b) copies of my statements showint these charges

c) Haven't got a clue???

d) Is this the bit in the "basic court bundle" where it lists previous similar situations?

 

Do I wait for the courts to ask for all of this information or do I just send it 14 days after submitting my AQ??

 

(Once again, I'm sorry for all the questions )

[Deller]

I've answered your points in red.

 

Sorry if I'm getting on your nerves here but can I just clarify the points on the "draft order for direction"

The things I would be required to submit are:

a) my schedule of charges

Yes

b) copies of my statements showint these charges

Yes

c) Haven't got a clue???

See here - http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires-3.html#post482194

d) Is this the bit in the "basic court bundle" where it lists previous similar situations?

Yes use the cases stated in the court bundle which you'll find in the templates library.

Do I wait for the courts to ask for all of this information or do I just send it 14 days after submitting my AQ??

This is only to be submitted if/when the judge orders the directions as proposed.

 

(Once again, I'm sorry for all the questions )

[pot-less]

Thank you very much. The thread that you have linked to on there is fantastic. I'm not sure which of the two statements of evidence is the right one for me but I will look into that further once I have got this AQ out of the way as the deadline is looming!

Thank you for giving me the confidence to carry on!

[Deller]

No problem pot-less, I'm sure that pot will be full again in no time...

[pot-less]

I've returned my AQ to the courts along with a copy of the 'draft order for directions' and yet another copy of my schedule!! (and copies the whole lot to Cobbetts)

 

I've also just had in the post a copy of their AQ. It goes as follows:

A - Settlement - No

B - Location of hearing - No

C - Track (small claims) - Yes

D - Witnesses - Not filled in

E - Experts - No

F - Hearing - unavailable dates - No

G - Other information - The claimant has not shown that she has reasonable grounds for bringing the claim and despite the defendant requesting that the claimant remedy the lack of particularity pleaded in the particulars of claim, the claimant has failed to do so.

Case management directions cannot be proposed until the claimant fully particularises her claim. In the light of this, the defendant may amend its defence or apply to strike out.

 

So - is this all standard and normal? Am I still heading in the right direction? and what they hell is it that they want from me (re: section G)

They could probably paper their offices with the amount of copies of my schedule I have sent them - what are they asking for?? Damn Cobbetts are getting on my nerves now!

When oh when will this all end.

[pot-less]

I've just been reading lots of other peoples threads, time and time again I keep seeing that Cobbetts have not ticked the box on the AQ thay says they've paid a fee. Is this because they aren't actually filing any of these AQ's or do they not have to pay the fee???

[pot-less]

Can anyone put my mind at rest? re link #35

[Guest NATTIE]

it sounds fairly standard from what I have seen on other threads. Someone even had that even though they contacted cobbetts and was told that they had received the schedule of charges.

[Deller]

Their AQ response is totally standard response, nothing to fear here me thinks.

 

Nat West don't have to pay the 100 quid fee for the AQ, but they will have to refund yours.

[pot-less]

Update from me - Absolutely nothing has happened!

I think i'm waiting to hear from the courts at this stage (???) as both sets of AQ's have been filed (end of jan)

I'm assuming I just have to sit and wait. That's ok with me as it means when Cobbetts finally pull their finger out of their butt I'll have accrued a bit more interest and my cheque will be a little fatter!

[pot-less]

Oh bugger - have I screwed up???

I have just been reading some other threads and on one of them it says that when you print out your schedule you should change the date on your computer to the date that you made your claim so that the 8% interest amount is the same. I haven't changed the dates so my interest figure has risen each time I've printed out. Have I screwed up (fingers are very tightly crossed!!!)

[Parkvale]

potless,

No news is good news. You are doing brilliantly. Patience is everything in this game.

Do not forget not one bank has disclosed their true costs of their penalty charges in a courtroom. The courts are inundated with these claims. So delays are inevitable, but you will get your money . I know it is frustrating, but hang in there your day will come

[Michael Browne]

Have I screwed up (fingers are very tightly crossed!!!)

It's not crtical, relax and let the blood flow to the fingertips.

[pot-less]

Can anyone please advise me what to do - I had a minor problem and went £2 over my overdraft. I have had a statement with a charge sheet saying they will charge me £28 on 28/02/07. Should I let the charge go through and then ask for it back when cobbetts finally settle my original claim or should I ask for it to be stopped before they take it??

[Michael Browne]

should I ask for it to be stopped before they take it??

No harm in asking

[Guest NATTIE]

likelihood is a No

[Michael Browne]

That still leaves yes as an infinitessimal possibility!!

[saint-luco]

now now gents;)

[pot-less]

PLEASE HELP!!!

I have just been on the phone to the court. My case has been struck out!!

They say they sent me a letter on 31st Jan as the judge wasn't happy with my "particulars of claim" and he wanted more information. I never received this letter. I told the lady this and she said all she can do is give the file back to the judge and see if he will allow more time for me to provide the information he wants.

 

Oh god - it's all falling apart!

 

I copied the particulars of claim that everyone uses from here - any idea why they wouldn't be ok for the judge in my case??

 

I want to cry now!

[hagenuk]

I asked for your particulars of claim in post #17. Please post them at once and it may still be possible to salvage this.