New strategy for Allocation Questionnaires

[jharrod]

Hi,

 

I have almost finished filling in my AQ (N149) but need a bit of assistance.

 

Section H mentions a fee to be sent along with the AQ. But I have read the following webpage: County Court Fees ("claims for money of £1,500 or less (under Preparing for trial)), and am I right in thinking that I don't need to attach a fee as my claim is for £929?

[GaryH]

Thats correct, you do not need to pay a fee if your claim is £1500 or under.

[N#1N#2]

Sorry GaryH

 

I must have overlooked your response.

 

I might just Email the NR anyway tonight just for satisfaction purposes, as the judge has

small claimed my claim and set a date for the hearing, told verbally by the courts today ,

so have to wait another few days for the letter to see if they followed the directions or not.

[jharrod]

Cheers for confirming that

 

Going to get everything sorted and then post after work today! It's getting near to my birthday and I want a birthday present from them

[kennyh]

I firmly believe that sending a copy of the AQ to the defendants, ALONG WITH THE DOD, places them on the back foot. They know that if the judge issues the directions then their 'goose' is cooked(if they stick to their current practice of 'non disclosure'), and in waiting to see whether the judge does, indeed, issue the DOD then their submission will, in all probability, be late!

So all to gain and nowt to lose for us.

[chrissy_p0]

Hi,

I'm at the AQ stage with Lloydstsb as they've kindly entered a defence. I'm looking to go down this new route for the AQ and have spent all day reading all the pages here (which are incredibly helpful, so thanks for that) but i still have a couple of things that concern me!

I know that the statement of evidence does not have to be entered until the judge orders it (if), but a couple of the things on the statement that are in black don't apply to me. ie. 17. re. request for charge justification- i've never asked them to justify their charges, also 24. re manual intervention- i also didn't ask for those details. I've just gone by the statements i have. Is it ok to just leave those bits out?

The wording i used on my original N1 form has concerned me because of an earlier post i read. This is what i wrote.

The claimant has an account XXXXXXX with the defendant.

Since 8th May 2002 the defendant debited charges and interest in respect of reported breaches of contract.

Defendant is aware of all details as a list has already been supplied.

Claimant contends: The charges exceed the Defendants losses caused by the breaches: The term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law.

Claiment claims: return of all the amounts debited of £1150; Interest per S.69 County Courts Act 1984 of 8%-£256.87 continuing at 8% until judgement or settlement at a daily rate of £0.25; Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. Costs allowed by the court.

Were the references to the UTCCR 1999 and the UCT act detailed enough for the particulars of claim?

I think i'm having a bit of a wobble and just need some reassurance that it's been done right. Many thanks in advance for your help.

Christine

[poppy11]

Ok this thread has grown since I last read it and having trawled through 600 odd posts. I see that a lot of people are using the new strat, however (and I am not knocking it) those using it should decide if it is best for their own case before submitting as the judge may alter the directions, when I submitted mine the judge kept everything the same but gave both myself and the defendant 28 days each to respond and then set a court date for May, when I phoned the court to ask if they had received my statement they were surprised I had gone down that route as they are not so bogged down in claims as other areas and my court date would have been well before Barclays had to respond.

[jharrod]

I need clarification on the Date of issue in the thread at http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html#post564036

 

Can you please tell me which date to use for this?

 

I'm going to be sending the schedule (including the interest) along with my AQ, Draft order for directions and Section G - Other Information.

[dubliner10]

Hi Gary,

 

Sorry to be a pain in the posterior. Filed my AQ on Monday with the advised Section G and the DOD. I didn't make a copy of the AQ itself, but have copies of both the Section G information I added and the DOD. Is it worth my while sending:

- Section G information

- DOD

- Schedule of charges to date

to the banks solicitors, or would it be better to have a copy of the AQ.

 

Again apologies mate, you must be the most patient guy I've seen on this site.

 

Dub:rolleyes:

[jharrod]

Hi dubliner10,

 

To give Gary a rest, I can answer this one.

 

Is it worth my while sending:

- Section G information

- DOD

- Schedule of charges to date

to the banks solicitors, or would it be better to have a copy of the AQ.

 

You should send the Section G - Other Information along with the DOD, but not the Schedule of charges. Reason being is because the DOD mentions that "you will send a schedule setting out each charge repayment within 14 days of service of the order".

 

This means that once the order has been confirmed by the court and you have been advised of this, you will then have 14 days to do just that.

 

Gary, correct me if I'm wrong in stating that.

 

Hope this helps,

 

J

[GaryH]

Hi,

I'm at the AQ stage with Lloydstsb as they've kindly entered a defence. I'm looking to go down this new route for the AQ and have spent all day reading all the pages here (which are incredibly helpful, so thanks for that) but i still have a couple of things that concern me!

I know that the statement of evidence does not have to be entered until the judge orders it (if), but a couple of the things on the statement that are in black don't apply to me. ie. 17. re. request for charge justification- i've never asked them to justify their charges,If you sent a preliminary approach for repayment then you did, as it is included in that letter also 24. re manual intervention- i also didn't ask for those details. If you sent an SAR you did, as its included in that. If you did not send an SAR then just leave it out.I've just gone by the statements i have. Is it ok to just leave those bits out? Yes, anything which does not apply just remove

The wording i used on my original N1 form has concerned me because of an earlier post i read. This is what i wrote.

The claimant has an account XXXXXXX with the defendant.

Since 8th May 2002 the defendant debited charges and interest in respect of reported breaches of contract.

Defendant is aware of all details as a list has already been supplied.

Claimant contends: The charges exceed the Defendants losses caused by the breaches: The term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law.

Claiment claims: return of all the amounts debited of £1150; Interest per S.69 County Courts Act 1984 of 8%-£256.87 continuing at 8% until judgement or settlement at a daily rate of £0.25; Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. Costs allowed by the court.

Were the references to the UTCCR 1999 and the UCT act detailed enough for the particulars of claim?Those are actually the MCOl POC. Some will argue they are insufficiant, and they may well have a valid point, but unless the bank has objected to the POC in its defence then the court won't either. If you received the standard 9 point defence, as opposed to the 14 point "claim too vague" then carry on as normal - nothing whatsoever to worry about.

I think i'm having a bit of a wobble and just need some reassurance that it's been done right. Many thanks in advance for your help.

Christine

You'll be fine. Have you started a thread in the LTSB forum yet? If not then you may find its beneficial to do so.

 

The letters in the post BTW;)

 

Ok this thread has grown since I last read it and having trawled through 600 odd posts. I see that a lot of people are using the new strat, however (and I am not knocking it) those using it should decide if it is best for their own case before submitting as the judge may alter the directions, when I submitted mine the judge kept everything the same but gave both myself and the defendant 28 days each to respond and then set a court date for May, when I phoned the court to ask if they had received my statement they were surprised I had gone down that route as they are not so bogged down in claims as other areas and my court date would have been well before Barclays had to respond.

Its unusual for the judge to alter the timescale to 28 days, although in any case I'm not sure how accurate what the court clerk told you was - its almost unheard of to be allocated a court date within 2 months. The majority of courts at the moment the wait is 3 months at least. Which court is it by the way?

 

I think Glenn posted earlier on in the thread that the new strategy is not the answer to all our problems, and I do totally agree in many respects. However, if we can get these directions adopted permenantly in a good proportion of the courts nationwide then the benefit to the campaign as a whole would be fantastic. It takes away the banks scope for defending on "secret evidence" and all the other tricks that banks such as Citi try on. It forces their hand - transparent disclosure is the banks biggest fear and our biggest weapon, and we should seek to impliment it wherever possible IMHO.

 

The thing I've actually been most dissapointed about so far is that many courts have ignored it. Its about 50/50 so far from what I can gather, and in all honesty I was hoping it would be much higher than that. Another potential problem which I've been slightly concerned about lately is that if these are adopted permenantly by some courts, those that aren't aware of this and don't know whats required of them for c) and d) of the order might struggle with it with potentially detremental consequences. That was actually the main motivation for the "Got a court date?" thread in the guidence notes.

 

I need clarification on the Date of issue in the thread at http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html#post564036

 

Can you please tell me which date to use for this?

 

I'm going to be sending the schedule (including the interest) along with my AQ, Draft order for directions and Section G - Other Information.

Not sure what you mean TBH - the date of issue is the date you filed your claim.

Hi Gary,

 

Sorry to be a pain in the posterior. Filed my AQ on Monday with the advised Section G and the DOD. I didn't make a copy of the AQ itself, but have copies of both the Section G information I added and the DOD. Is it worth my while sending:

- Section G information

- DOD

- Schedule of charges to date

to the banks solicitors, or would it be better to have a copy of the AQ.

 

Again apologies mate, you must be the most patient guy I've seen on this site.

 

Dub:rolleyes:

Absolutely no need to apologise whatsoever - perfectly valid question:)

 

If I were you, although its not absolutely critical, I'd send the DOD and section G to the defendent, then do a little note confirming that you have done so and send it to the court to be added/attached to the AQ.

 

As jharrod said, there's no real need for a schedule.

[PKea]

I am about to submit my AQ to Barclays with the draft direction order.

I have also faxed a copy to Barclays along with a letter (posted in my thread posts 37 & 40) to see if it will kick them a bit of a kick up the bs, and show them that we will win, and that I believe they are abusing the system

[jharrod]

Good for you PKea!

 

I sent my AQ, Direction of order and Section G Other Info off this morning! Let them feel the heat of having to pay me back £929!! May not be much to them and their large pockets, but it will certainly come in handy for me!

[Delboy01]

IS this meant for me Gary??

 

DELBOY

 

 

 

Attach this;

 

Then attach the draft order.

 

Then write this in section H;

 

No need to actually write anything in F - just tick the box that says you've attached draft directions.

 

Sorted?

 

 

Plus where do I put the request for small claims, claim is £4500 plus int taking me over £5000, is that why I have a n150?

[GaryH]

Yes, it was.

 

In section G it asks you to tick which track is most suitable. Tick small claims. In the reasons why box, use the 4 points in the link it posted for you on the previous page - http://www.consumeractiongroup.co.uk/forum/first-direct/44132-damjef-fd-2.html#post653231

[Delboy01]

Gary,

 

Section D What amount Do I put the current figure IE input todays date in my spreadsheet and use that figure or the figure when I filed?? note didnt the figure when i filed include interest????? I have now found out it is the figure i filed at court which included stat interest at date of filing??

 

Ta DELBOY

 

ps also i cant find the four points""In section G it asks you to tick which track is most suitable. Tick small claims. In the reasons why box, use the 4 points in the link it posted for you on the previous page - damjef v FD" Also isnt that Section D???

[dubliner10]

And a Ta from me Gary and Jharrod. All sorted, time to sit back and watch the judicial grass grow:D

[pommy190780]

Has anyone got a sample letter to send to the solicitors with the AQ, suggesting that they settle rather than let it go on any longer etc etc??

[Delboy01]

jeez im struggling here

 

The Claim I put into the court included stat int that is correct yes?

 

plus previously you posted

 

Then attach the draft order.

 

Then write this in section H;

 

Quote:

Please find the following attached to this allocation questionnaire;

 

1) Section G - other information

2) Draft order for directions

 

This allocation questionnaire and its attachments were sent to the defendant on **/**/**.

 

Section G is the costs section or am I missing something

[PKea]

Has anyone got a sample letter to send to the solicitors with the AQ, suggesting that they settle rather than let it go on any longer etc etc??

 

I have a letter in my thread here, but maybe others could have a look and give their opinions on it first. My letter followed on from a telephone call i had made.

 

Click http://www.consumeractiongroup.co.uk/forum/www.consumeractiongroup.co.uk/forum/barclays-bank/16228-paul-barclays.html

 

PaUL

[pommy190780]

cheers PKea, only the link doesn't seem to work. Sorry mate.

[s24da]

its cos pkea put http:\\ twice in his link, take out both http and all slashes and it works!!!

 

p.s. my first post!!!

[GaryH]

Gary,

 

Section D What amount Do I put the current figure IE input todays date in my spreadsheet and use that figure or the figure when I filed?? note didnt the figure when i filed include interest????? I have now found out it is the figure i filed at court which included stat interest at date of filing??

 

Ta DELBOY

 

ps also i cant find the four points""In section G it asks you to tick which track is most suitable. Tick small claims. In the reasons why box, use the 4 points in the link it posted for you on the previous page - damjef v FD" Also isnt that Section D???

a), b), c) and d) - its there within the link I've just checked.

jeez im struggling here

 

The Claim I put into the court included stat int that is correct yes?

Did it? You tell me! Stat is the 8%

plus previously you posted

 

Then attach the draft order.

 

Then write this in section H;

 

Quote:

Please find the following attached to this allocation questionnaire;

 

1) Section G - other information

2) Draft order for directions

 

This allocation questionnaire and its attachments were sent to the defendant on **/**/**.

 

Section G is the costs section or am I missing something

Section H is other info for the N150, so change to section H.

[Delboy01]

OK Gary sorry to have bothered you

 

DELBOY

[GaryH]

Its no bother mate.

 

You sussed it now then?