New strategy for Allocation Questionnaires

[anney63]

Hi Gary

I have completed the AQ N150 (almost). In the witness section I have entered my sons name but it then states witness to which fact what do I put? Or do I not put his name in at all. I must sound really dim. I was just going to put charges taken

[Glenn UK]

I put 'witness to the facts of the claim'

 

I think something along those lines is fine,

 

HTH

 

Glenn

[chezt]

Their solicitor.

 

Thanks for the reply Gary - I really appreciate your help - Should I also send a copy of the draft order & schedule of charges with the copy of the AQ to the solicitor also?

 

Cheers muchly in advance

[GaryH]

If you are going to send them the AQ, then yes, you should send its attachments also.

[chezt]

If you are going to send them the AQ, then yes, you should send its attachments also.

 

Thanks gary ... will sort the copies 2moro ... tried to click u again mate but it says I've gotta spread myself about a bit first ... I'm really not that kinda gal!

[GaryH]

[l.capo]

hi gary is it fine to use this stategy for mortgages and for claim of 13k can i still suggest it goes to small claims. thanks

[TANZARELLI]

Just subscribing to this to keep a eye on developments and hopefully contribute as and when.

 

Tanz

[GaryH]

hi gary is it fine to use this stategy for mortgages and for claim of 13k can i still suggest it goes to small claims. thanks

I can't see any reason why not, and yes, you can still request small claims. http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires-4.html#post456381

[joneshousehold]

I have a 2nd claim against Abbey currently in court. I sent the draft with the AQ and I have been notified by the Court today that they have issued the order. There are a couple of alterations to my proposed draft

1. the time limits are extended to 28 days

2. the requirement below has been excluded

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.

- strange as I thought the defence seemed to include this part

3. two extra requirements

a) the original documents should be brought to the hearing

b) the courts must be informed immediately if the case is settled by agreement before the hearing date

 

The hearing date is set for 14 March

[natwesttookmymoney]

Looks like you're on the last lap. You'll probably get the loot before the end of February.

 

Great stuff!

 

Westy

[GaryH]

Excellent, thanks for posting that joneshousehold, its good to get some feedback on whether or not judges are agreeing the order or not.

 

The d) part of the order is'nt relevent anyway as Abbey defend on the grounds that the charges are a pre-estimate.

[joneshousehold]

Thanks, all support gratefully received. In the first claim I baulked at all stages but this time round I just don't care anymore! The banks are hopeless and will probably make a mess of it. That's why I now have a 2nd claim - these are the charges levied whilst the last claim was going through the court stages.

Fools! Did they really think I would just give up? In the words of Vic and Bob 'You just wouldn't let it lie'

[viperiser]

I'm also filling in my AQ, and intend to go along with the 'new strategy' in this very helpful thread.

 

I have one query though. I have an N149 as my claim is just over £3k (v Barclays). This means the claim is, by default, allocated to the Small Claims Track, doesn't it?

 

In which case, why does all the advice on wording for Section G start with a request to have the case allocated to the Small Claims Track? I can see this would be pertinent to an N150, but why the need to ask for this on the N149 - I mean, isn't the case automatically going to be heard in the Small Claims Track? Or is there a chance it might not be?

 

I'm sure it doesn't make a difference to the process, but I want to make sure I understand why I'm writing or asking for anything before I go ahead.

 

Many thanks in advance.

[GaryH]

A claim below 5k would generally be heard in the small claims track, but not automatically, no.

 

There are other factors that the judge would consider besides just value, such as case complexity, and whether their are contentious points of law, etc.

 

There have been a couple of claims for well under 5k which have been multi-tracked, and claims well over 5k that have been allocated to small claims. I think it definately pays to expressly request allocation to small claims and set out why, rather than just assuming it will be becouse its under 5k.

[viperiser]

I see - thanks!

[Suhari]

I hope I'm not being rude jumping on this thread to ask my own question....from the excellent content here I think I might get a useful reply!

 

I submitted my AQ in November, and have an allocation hearing on 23rd Jan. The reason for the hearing is:

 

To consider the extent to which disclosure of the defendents charging regime s required to achieve a just and proportionate outcome to this action and whether the small claims track is the appropriate track having regard to CPR26.8 © & (g).

 

So my questions:

 

1. Am I okay to suggest the judge consider a draft order of directions to address the disclosure issue? How do I do this? Do I need to write a letter and hand it over?
   
2. Does anyone have any thoughts or comments on CPR26.8 c (the likely complexity of the facts, law or evidence) or g (the importance of the claim to persons who are not parties to the proceedings)?

Regards all

[GaryH]

The way I interprit this, is that the judge is considering ordering disclosure, and fast or multi-tracking your claim. I read this as saying that if you want full disclosure, you probably won't be able to stay in small claims. In view of 26.8(g), I think perhaps being put forward as a test case is also a possibility.

 

I think you should argue strongly for the small claims track and propose the draft order, as an alternative to full disclosure. There's an excellent post by Zoot which I'll try and find for you which summerises the main arguements for allocation to small claims.

 

EDIT - found it! - http://www.consumeractiongroup.co.uk/forum/barclays-bank/35043-ade-steph-jack-barclays-2.html?highlight=jack#post436020

 

A couple of questions too if you don't mind;

 

- which bank is it?

- which court?

- and what did you put in section G of your AQ, was it the standard disclosure request from the templates library?

[FairlyNiceChap]

 

Does anyone have any thoughts or comments on CPR26.8 c (the likely complexity of the facts, law or evidence) or g (the importance of the claim to persons who are not parties to the proceedings)?

 

Suhari - I am no expert but I would think that under g) above if it went fast or multi-track it would set precedent (which surely someoone must do at some stage) Precedent would I think clean out the whole nonsense that the courts are clogged up with and would effect all lenders not just your defendant

So there could be a danger at some stage of costs - on the flip side if the lenders are held to be hiding behind the court process (intimidating people top drop out) then there is an argument for punitive damages (a court might consider £millions would be appropriate) -

 

Warning no one else on this site has taken up the cry for punitive damages yet - so maybe Im being daft but I think this is exactly what they are for see

http://www.lawcom.gov.uk/docs/lc247.pdf

 

As Lord Diplock said in

Broome v Cassell,

 

To restrict the damages recoverable to the actual gain made by the

defendant if it exceeded the loss caused to the plaintiff, would leave a

defendant contemplating an unlawful act with the certainty that he had nothing to lose to balance against the chance that the plaintiff might never sue him or, if he did, might fail in the hazards of litigation.

[Glenn UK]

Suhari

 

i thought i was going mad until i realised that you had double posted, may i suggest that you only post the quesiotns once, otherwise it makes it hard for people to keep track of whats going on, and it may make it harder for you too since people will make comments on one thread without the benifit of whats going on in the other.

 

I hope that there as some 'useful' comments on your original thread

 

HTH

 

Glenn

 

PS if you dont ge ta response after a day or so then the best route is to post a link to your thread and ask if somoen can have a look for you.

[Suhari]

 

A couple of questions too if you don't mind;

 

- which bank is it?

- which court?

- and what did you put in section G of your AQ, was it the standard disclosure request from the templates library?

 

Thanks for the comments.....

 

Its Abbey

We're going to Statford-on-Avon County Court

Section G did include the standard disclosure request.

 

Apologies for the double post!

[Falcom]

Just to let other know that I followed this new strategy and submitted AQ with draft directions on 03/01 (deadline was 06/01) and today recieved Notice of Allocation to Small Claims Track and directions as per draft.

 

I do however have a question. I am unsure of which Statement of Evidence to use since the defence I recived from Barclays does not make reference to service charges or pre-estimate.

 

The defence recived is here: http://www.consumeractiongroup.co.uk/forum/barclays-bank/36692-peter-rabbit-barclays-2.html#post445686

 

Any suggestions - Thanks Peter - http://www.consumeractiongroup.co.uk/forum/barclays-bank/36692-peter-rabbit-barclays.html

[GaryH]

Hi Suhari,

 

Do as I posted above - prepare to argue that your claim should be heard in the small claims track.

 

Also propose the directions as per the draft order. These directions were recently ordered in a case in the mercentile court in a bank charges claim. I'm trying to obtain a scan of the order with the claim number which you can present to the judge and respectfully suggest that in the interests of consistancy it is appropriate that he also make the order - as opposed to a standard disclosure order.

 

In the event your claim gets allocated to any other track but small claims, request that costs are dealt with on a small claims track basis - as was the case in the Mercentile claim I mentioned above.

[Suhari]

GaryH

 

Many thanks for your suggestions. I plan on spending some time Thursday getting my thoughts and documentation together, so will no doubt have some further clarification questions then.

 

In the interests of clarity, and since my issue isn't really related to the core of this thread, I'll post all further questions etc on my thread in the Abbey forum:

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/25082-abbey-defending-claim-advice.html#post488105

 

Cheers

[downsouth]

The new strategy WORKS!

 

(Not that I doubted it would;-) )

 

Tomorrow is the deadline for submitting AQ's, mine is in. Arrived home to a full settlement offer from SC&M on behalf of Lloyds, for £4740.03

 

Presumably they rightly cr*pped themselves at the draft order I attached to their copy of my AQ.

 

Thank you Bankfodder & Gary H:D