Bev & Tony stuck big time!! ** WON **

[Deller]

This will help you with your AQ Tony,

 

 

See here:

Allocation Questionnaires - A guide to completion

 

You could also propose a Draft Directions Order:

New strategy for Allocation Questionaires

 

Other Information - Section G:

 

 

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.

 

 

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!!

[fire fox]

Thanks a lot Dell that great. Just buried my step dad today so will get into it first thing in the morning. I have until the 28th so will do it asap and thanx again.

[fire fox]

Deep breath..... here goes. Have completed my AQ (N149) and after much reading around the site have used the new response to "other info - section G" and included a "Draft Order for Directions" I know it says you wont have to meet your 14 day deadline until the judge says so but just need a bit of moral support and confirmation that what I read is correct. Thanx

Tony

[fire fox]

Anyone of you fantastic people out there able to assist with the above please? I could do with taking it to court in the morning

[Deller]

You are correct Tony, you send the "Draft Order for Directions" but only submit the required evidence upon the judges request.

[fire fox]

Thats brill, dead chuffed with myself !!! Thanx Dell

[fire fox]

Another couple of questions sorry.

1.Do I have to photocopy my AQ and Draft Order and send it to Cobbs?

2. Who do I make the Cheque for £100 out to?

3. Do I have to send another schedule of my charges with AQ?

Thanks

Tony

[Deller]

My response in red.

 

Another couple of questions sorry.

1.Do I have to photocopy my AQ and Draft Order and send it to Cobbs?

You're not obliged to, but certainly a good idea, it will at the very least show them just how serious you are.

 

2. Who do I make the Cheque for £100 out to?

HMCS

 

3. Do I have to send another schedule of my charges with AQ?

You can never send too many copies of your schedule, so YES.

Thanks

Tony

[fire fox]

Thanks. All done. Took it in this afternoon. Just sit and wait for the next bit now then!!

[fire fox]

received copy of Cobbetts AqQ today. Under other info they have put.."case management directions cant be proposed until the claimant serves a reply to the request for further info which was due on 22/1/07. In light of this the defendant may amend its defence or apply to strike it out"

But I did reply and they got it on the 11/1/07. it was the reply in the templates re CPR 18 as advised. Is this another scare tactic coz it has worked!!

Can you pour calm on my troubled waters??

[fire fox]

Deller

just seen your response to silverbirds post below mine who had exactly the same question. So I will sit tight too!!

[Deller]

As you've noticed this paragraph seems to be popping up everywhere tony, so there'll be a lot of people having to sit tight me thinks.

[fire fox]

Thanks Deller, is this a new thing they are using or par for the course? You start to doubt yourself and the Royal Mail when things like this happen!! Good job I have receipts for all I have posted and copied to the Court too.

Tony

[Deller]

I wouldn't say it was a new thing Tony, but they are certainly using it more often.

[fire fox]

Mmm. Will sit back and wait then. A big thanks for being so supportive.

[fire fox]

Received letter from Cobbetts yesterday offering partial settlement with conditions attached. I cant seem to find a letter in the Templates to refuse it. The only one I can see is one to reject the initial part offer from the bank. Any help please?

[The cobbett slayer]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejection-settlement-offer.html#post200477

[The cobbett slayer]

Sorry Tony - wrong link. I'll get back to you when I've woken up;)

[The cobbett slayer]

Tony - use something like this. Modify it to meet your needs but it just about covers all the angles.

 

 

 

 

 

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, interest and court fees, which together with the daily rate of £0.XX now total £xxxx as of XXth January 2007

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder.

 

I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim.

 

I am also not prepared to agree to any confidentiality clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £xxxxx, in order to be afforded this privilege by myself.

 

I trust this clarifies my position.

 

Yours faithfully

[fire fox]

Thanks for that Paul. Will do asap as they have only given me until Friday to send a reponse!! Will post again if I come across any probs.

Tony

[The cobbett slayer]

No probs.

 

Don't worry too much about their timescales. They can't even respond to a court order in time but obviously the quicker you get back to them the quicker you get a result.

[fire fox]

Yes, know whay you mean but reading through your thread I hope it doesnt turn out as stressfull. God knows how you have managed all that and still find time to help the likes of me!!

[fire fox]

I assume I need to send a copy to the court as well?

[The cobbett slayer]

It's not strictly necessary as it will only become relevant to your claim if Natwest try to use it against you or you end up going to court, n which case it will form part of your court bundle.

 

Make sure you keep copies of all correspondence but the court don't need to have everything as it happens

[fire fox]

ok, thanks. I wont bother to copy them then. Posting it tomorow so they will get it by the deadline even though they dont deserve to!!