New strategy for Allocation Questionnaires

[progenic7]

Quick question regarding the draft order

 

How to we provide the court with:

 

• d) Copies of decided cases and other legal materials to be relied upon?

 

Can we use copies of the claims we (as in me) have already won, or do we need to have other copies also?

 

Maxine

 

 

Maxine,

 

thats only if you feel it necessary to do that (personally i feel it is necessary) if you do too then its a case of research and reading hun, and lots of it.

If you do end up in court then you need to fully understand why you are there and what your arguments are, and that includes on what cases you are relying.

But to answer your question Yes you could use your previous judgments and there wouldnt be aything wrong with that, although a higher civil case or one that was recorded properly in court would be the judges preference i feel. But yes thats a good starting point to base your bundle on

 

Johnny

[maxine989]

Thank you Johnny.

 

I will start to gather a little file of info together. It's like being back at Uni and doing reserch... sometimes I can get quite into it... so it's another assignment on my list...

 

[dickeggsy]

just a quick question.

barclays failed to respond to the draft directions order so i handed the non compliance letter to the court on monday.

my question is can i fill out an n225 request for judgement form and hand it in to court or do i wait for instruction from the court.

and is it worth phoning the bank to ask for settlement.

cheers.

[Glenn UK]

Dickeggsy

 

when you they failed to respond to the draft directions, did the court make and order based on those directions?

 

And re judgement by default unless the courts order said thats what you can do then no you cant, you have to wait for the court to decide what its going to do. Although having said that i would write to the courts and infrom them, as you say you have done already, that they havent complied and ask for their defence to be struck out.

 

JMHO

 

Glenn

[dickeggsy]

thanks glenn.

i have recieved nothing from the court regarding orders but maybe i need to leave it a little longer as the letter was only handed in monday.

thanks for the reply , just me worrying again.

thanks.

[Glenn UK]

Dickeggsy

 

if you haven't received an Order form the court setting out what each party has to do then the bank don't have to comply with your draft.

 

So i am a little confused over what they haven't complied with and what letter you have handed in to the court?

 

The way it generally goes is you submit your AQ along with the draft orders.

 

if the court sees fit they use the draft orders and send it out to both parties along with the timeframe for compliance.

 

if the bank/you don't comply with those orders then they other party can apply for the court to strike out their claim/defence.

 

HTH

 

Glenn

[Wardle32]

Hi all,

 

Quick question- regarding (b) of request.

 

It's going to be a nightmare for us to copy all the statements- initially I was tempted to just send the originals I'd got when first starting out.

 

Obviously, this isn't the best as it leaves you with none.

 

What about ordering another copy of your statements, paying the £10 and asking for them to be forwarded to Cobbetts- saves you a lot of time, you can add the £10 onto your claim and both sides get originals with any ommissions being the fault of the bank!

 

Am I a genius or a fool? History will decide...

[kennyh]

Wardle,

1. How will you know they've gone to Cobbetts; the bank sure as hell won't make you a copy addressee?

2. How do you know any deadline will be met?

3. You are "assuming" that Cobbetts will have the 'savvy' and clerical support to dovetail these with your papers - don't think so!

[progenic7]

Hi all,

 

Quick question- regarding (b) of request.

 

It's going to be a nightmare for us to copy all the statements- initially I was tempted to just send the originals I'd got when first starting out. you only need to copy the statements with charges on them.

 

Obviously, this isn't the best as it leaves you with none. well you need three sets actually

 

What about ordering another copy of your statements, paying the £10 and asking for them to be forwarded to Cobbetts- saves you a lot of time, you can add the £10 onto your claim and both sides get originals with any ommissions being the fault of the bank! You are only allowed to make 1 SAR request within a reasonable time frame, and certainly couldnt use it for this purpose.

 

Am I a genius or a fool? History will decide...

hereinafter may i suggest the latter Just Kidding

best of luck

Johnny

[GaryH]

Quick question regarding the draft order

 

How to we provide the court with:

 

• d) Copies of decided cases and other legal materials to be relied upon?

 

Can we use copies of the claims we (as in me) have already won, or do we need to have other copies also?

 

Maxine

 

Just the cases and statutes from the court bundle is fine - UTCCR, UCTA, SOGA, Case law, etc.

 

just a quick question.

barclays failed to respond to the draft directions order so i handed the non compliance letter to the court on monday.

my question is can i fill out an n225 request for judgement form and hand it in to court or do i wait for instruction from the court.

and is it worth phoning the bank to ask for settlement.

cheers.

 

Wait for the court. You can't request judgement untill the defence is struck out.

[dickeggsy]

in reply to glenns question , the judge ordered me to get my bundle in by 17th feb and barclays to submit their defence by 3rd march.

i received nothing so i took a letter of non compliance to the court on monday 5th of march and was told by the clerk that they had recieved nothing from barclays and i would be able to tell the judge this at the hearing on april 16th.

the orders stated that if one or the other party did not comply the claim would be struck out(my bundle was submitted on 5th feb by the way).

what i was wondering is have i won? and why have the court not contacted me to tell me it has been struck out.

do i contact them or what?

sorry about any confusion .

[Glenn UK]

ahhh in that case write to the court informing them and asking for the defence to be struck out in accordance with the order dated xx/xx/xx

 

HTH

 

Glenn

[dickeggsy]

thanks glenn i intend to first thing in t' morning.

[GaryH]

But you've already sent that letter haven't you(http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires-14.html#post535117)? If so there is nothing further you can do untill you hear from the court.

[kennyh]

Question: If the defendant delays submission of their AQ beyond reasonable postage delay - is that what is called an 'abuse of process'? And is there any advantage we can glean from this (even if only to bring opposition legal reps into line and minimise their mind games) or do we risk alienating judges by pressuring them with letters?

[Glenn UK]

Question: If the defendant delays submission of their AQ beyond reasonable postage delay - is that what is called an 'abuse of process'? And is there any advantage we can glean from this (even if only to bring opposition legal reps into line and minimise their mind games) or do we risk alienating judges by pressuring them with letters?

 

in theory yes it can be constured as an abuse of process.

 

I would always draw this to the courts attentuion and ask them ti strike out the claim.

 

However, unless we are talking about lincoln then its unliley to happen IMHO

 

HTH

 

Glenn

[kennyh]

Thanks for taking the trouble Glenn

Dunno about 'lincoln' but I do get the gist. When we draw the court's attention to this (although , of course, they'd already know) will we be seen to be getting 'upperty' and 'clever dickish' or would it be viewed as a legitimate accusation (which, if successful, and with a bit of 'word spreading') might get the opposition to reconsider their intimidatory delaying tactics?

[dickeggsy]

quick update.

phoned the court this morning just to check progress of claim and was told they had not recieved the letter of non-compliance that i hand delivered on monday.

i insisted i had delivered the letter.

''hold on a minute'' says lady on the phone.

''ahh found it'' she says.

has the claim been struck out i asked.

''errrr we are processing your claim today'' i am told.(if i hadn't phoned it would still be in the filing cabinet till april 16th).

can i request judgement using an n225 form i asked.

''oh yes no problem'' she said.

so i filled out the form and took it down to court and handed it in.

you will get something in the post next week i was told.

i bloody well hope so.lol.

[finally]

Could anyone help me on the following points please:

 

I am reclaiming on behalf of my sister, she will not go to the court so in section d on the allocation questionnaire do I put myself down as a witness and can I go to court without her. Or is there anywhere I can explain this?

 

Also point 9 in Lloyds TSB defense states:

 

Claim is based on charges levied on their account prior to six years from the date of issue of their claim, that is 12 February 2001, this part of the claim is statute barred by Section 5 of the Limitation Act 1980. The defendant is unable to verify the amount claimed prior to the 12 February 2001 as the Statement Of Claim does not show how the amount claimed is arrived at.

 

The 12 February is when I submitted my claim with MCOL but the first letter to them was 21 November 2006 so I have requested from 21 November 2001. How can they put this and how do I respond to it.

 

Any advice please

[Michael Browne]

I am reclaiming on behalf of my sister, she will not go to the court

If there is a hearing which requires her presence and she fails to appear, she will lose by default.

 

so in section d on the allocation questionnaire do I put myself down as a witness

No

and can I go to court without her.

No

Or is there anywhere I can explain this?

What you can do is in Section G:

 

I request that Mr XXXX, accompany me to any hearing that requires my presence and that the court allows Mr XXXx to represent me as my lay representative.

[finally]

Thats great thanks for that Michael

 

Do you have any advice on Point 9 please? Also she has a joint account with her husband can just one of them go? Thanks

[GaryH]

The 6 years goes back from the date you issued the claim. If/when they offer to settle it will almost certainly be without the charges outside that 6 year period. You would be advised to accept that, unless you want to do some extensive research on the Limitations Act and argue concealment under section 32.

 

Yes, just one of them can go - as long as the one who attends was named as a claimant on the claim form.

[finally]

Hi Gary

 

Thanks for that I don't mind losing those few weeks, but was worried it would affect my claim. Do I submit a new spreadsheet with the new date of 12 February and do I have to answer to the Point 9 on the questionnaire. Am a bit worried about it. Thanks

[GaryH]

No need to worry, or to amend your schedule. They just won't offer the pre 6 year charges in settlement, thats all.

[finally]

Thats great Thanks so much for your help.