New strategy for Allocation Questionnaires

[thebloodster]

Thanks for your help yet again!!

 

Documents attached in support of this statement

• Letter from Martin Orton, Lloyds TSB Customer Recovery Centre - or any letter or material in which the charges are described as 'defaults', 'penalties', 'covers costs', etc.

• Office of Fair Trading report, April 2006
  
• House of commons early day motion, May 2006
  
• Automated charge notification letter/s. Include a couple of examples. Preferably use ones where charges have been incurred over ridiculously small shortfalls and if possible, include 2 letters notifying of charges incurred on the same day
  
• BBC commission conclusion - BBC NEWS | Business | The Money Programme bank commission
  
• Australian Default charges report, Nicole Rich - Domain Names, Web Hosting, Web Design, Search Engine Optimisation, and Search Engine Marketing at Melbourne IT
  
• Transcript of telephone communication with Lloyds TSB 'personal banking' department.
  
• Data Protection Act Subject Access Request for evidence of manual intervention"

 

Gary with this list I havent had any automated charge letters the only ones she has had have been the ones as part of a statement notifying what next months charges are. Should I include any of these?

 

The austrialian report is over 100 pages long is there a brief version of this or can I use the press release version - 3 pages

 

The data protection thing is that my initial letter asking for the statements. I didn't get anything with the statements when I received them?

 

Thanks again!!

[TideTurner]

atj26589,

 

You cannot say you have asked for something when you haven't. However, manual intervention is an important point with respect to charges made as opposed to an automated service costing pence, therefore could it not be replaced with something like: -

 

14. The Defendant has presented no evidence in support of any charges made to the Claimants account which demonstrate the charges made were just or fair, or were not applied penalties, in particular, any evidence of any manual intervention which would justify the charges made.

 

Tide

[GuidoT]

I know this is unrelated to this thread and please feel free to move it to my thread tomorrow but I urgently need an answer to this query. I've got to send my docs off tomorrow and I need a decision. Please help

 

I would respond on your thread - but you have many.

 

 

I presume as it is just a date change then it can only effect the interest and I presume further that it can only be a small sum. If it is a trivial sum then do not worry about it, it will come out in the wash, the court will accommodate small mistakes.

 

Just ensure that you have a corrected copy in the event you end up in court.

[thebloodster]

Thank you very much. Should I not provide a cover note with the charges just explaining the small typo?

 

Sorry Guido I know I have a few threads regarding this but the bundle has to be sent tomorrow so its a major panic. Nobody seems to be reading my case thread and please mods feel free to move them all to the one place. I'm just really really unsure

[thebloodster]

7. The Claimant further submits that the Defendant’s contention that the charges are now a legitimate service charge represents a contradiction to materials published by the bank previously. Here, add in details of any correspondence in which the bank referred to the charges as ‘penalties’, ‘defaults’ or ‘exist to cover costs’, etc. For example -In correspondence with Lloyds TSB’s ‘Customer Service Recovery’ department in July 2006, Martin Orton, who is manager of the department, stated this in a letter: “As you are aware, I am afraid that it is the case that any items that are returned incur a fee in order that we can recoup our costs”. This was in response to a direct and plain request to justify Lloyds TSB’s charges. Throughout the letter, no mention was ever made of the charges as being the cost of any sort of ‘service’.(If anyone wants a copy of this letter, drop me a PM with your address and I'll post it to you.)

 

8. Additionally, the [claimant believes there to be a high possibility that the] terms and conditions of [his / the claimants] account contract explicitly describe the charges as to be levied in instances of breaching those terms. This is true of the contracts of other customers of the defendant that the claimant is aware. However, the bank has failed to provide me with a copy of the account contract, despite repeated requests to do so, so unfortunately this cannot be proved. A right of subject access request for this document was submitted to the defendant under the Data Protection Act 1998, on 8th September 2006. The defendant has failed to comply. Here, if your account contract states the charges as ‘breaches’ use the text in black. The blue bit was true in my case and I’ve left it there as an example. If it applies to you, keep it in, if not, just take it out.

 

Unfortunately I've had to take out points 7 & 8 as I haven't got any letters to support these two points. I have as a result taken out the Documents in support of two. I dont think I can include the two points in black as I've got no supporting documents. Unless someone else thinks differently?

[GaryH]

What bank are you claiming from?

[thebloodster]

The Nat West!! They haven't sent her any letters regarding the charges only statements style notifications telling her that she is going to be charged the following month. They are usually as follows and she only has these for recent statements she has received not the statements they sent after the SAR request

[thebloodster]

ADVICE OF ACCOUNT CHARGE FOR THE PERIOD 4 NOVEMBER 2006 TO 1 DECEMBER 2006

 

The amount to be deducted from account number ******** on 29 December 2006 will be £28.00

 

Your agreed Borrowing Limit is £***

 

BASIS OF CHARGE

 

The charge is based on an Unarranged Borrowing Fee of: £28.00

Amount to be deducted: £28.00

 

ADVICE OF DEBIT INTEREST FOR THE PERIOD 6 NOVEMBER 2006 TO 3 DECEMBER 2006

 

The Debit Interest for this account is £7.08

 

This amount will be deducted from account number ******** on 29 December 2006

 

Debit interest to be deducted: £7.08

 

The current unarrangedx rate applicable is 2.19% per month, effective annual rate 29.6% x or other rate agreed with you.

 

N.B. The amount of interest to be applied includes any interest on uncleared funds. Any weekend processing for interest is calculated to the end of the weekend/Bank Holiday.

[photoman]

Hi all

 

Just to say got a copy of the defence AQ.

 

They've ticked the box for Multi track !!

 

So looks like could be the guys in red robes and white wigs ........

 

looking at recent news, I wonder if they'll be wearing Calvin Kleins too...

[thebloodster]

Would anyone actually recommend hand delivering the bundle to the Court and Cobbetts - since I live just outside Manchester City Centre it is very possible for me. I have a deadline of them being delivered by Friday at 4pm!!

[maxine989]

Would anyone actually recommend hand delivering the bundle to the Court and Cobbetts - since I live just outside Manchester City Centre it is very possible for me. I have a deadline of them being delivered by Friday at 4pm!!

 

There's no reason why not. I hand delivered mine to the court... but not Cobbetts as it wasn't nearby. Since you are near then you may as well. At least you know they have got them too.

[tina9776]

A friend of mine delivered hers by hand to the court and they lost it and had no record of ever receiving it so make sure they give you a receipt of some sort when you hand it in. Good luck.

[maxine989]

A friend of mine delivered hers by hand to the court and they lost it and had no record of ever receiving it so make sure they give you a receipt of some sort when you hand it in. Good luck.

 

 

Oh blimey... don't panic me... YIKES!!!

[kirsty.hiya]

http://www.consumeractiongroup.co.uk/forum/barclays-bank/98248-im-newbie-kirsty-barclays.html#post914218

 

Hi everyone.

 

I have been advised you may be able to help me. Please refer to thread. Link pasted above.

 

Your help is much appreciated.

 

Kxx

[dar£n]

>>

[atj26589]

atj26589,

 

You cannot say you have asked for something when you haven't. However, manual intervention is an important point with respect to charges made as opposed to an automated service costing pence, therefore could it not be replaced with something like: -

 

14. The Defendant has presented no evidence in support of any charges made to the Claimants account which demonstrate the charges made were just or fair, or were not applied penalties, in particular, any evidence of any manual intervention which would justify the charges made.

 

Tide

 

Hi Tide

 

Thanks for that I will bear it in mind if/when it comes to needing to use it.

[glpark01]

Ive just been to the court to hand in my AQ for barclaycard and attached this to it, guess i better get things ready now. Do i send this info direct to the defendant or to the court?

[photoman]

Ive just been to the court to hand in my AQ for barclaycard and attached this to it, guess i better get things ready now. Do i send this info direct to the defendant or to the court?

 

You wait to see if the court actually makes this an order, as they may instead actually order other directions.

So no need to send anything yet, until you see what the court orders.

No harm in starting to compile it in the meantime though.

If they do agree with your suggested directions, you will then need to send copies of the info to both the defendant and the court.

Remember, if this is actually made into an order, you have serious obligations under it, and it is very important that you too do comply with your own proposal.

 

PM

[glpark01]

You wait to see if the court actually makes this an order, as they may instead actually order other directions.

So no need to send anything yet, until you see what the court orders.

No harm in starting to compile it in the meantime though.

If they do agree with your suggested directions, you will then need to send copies of the info to both the defendant and the court.

Remember, if this is actually made into an order, you have serious obligations under it, and it is very important that you too do comply with your own proposal.

 

PM

Thankyou, will start preparing it just incase, no harm in having it saved on the computer.

[Pheobe Buffet]

Hiya

Sorry to probably repeat what evryone else has on here over the last few months BUT im at my wits end with this AQ! Ive been issued the N150 as my total claim inc. interest comes to 5226.65....Was i right in putting this in the 'amount of claim dispute box' or should I of put my origianl figure befre interest in?

 

ANYWAY , Im stuck on:

 

Sect. F 'Proposed Directions' section. Am I right in thinking that i send a copy of the new strategy thing off BF post and tick 'no' that other parties have agreed?

 

Estimate of costs incurred to date - is this based on my 5226 figure plus the interest per day added on upto todays date?

 

In 'Other Infomration' bit - What do i attach (ive got bit lost with reading so many posts today!)

 

Any help would be sooo appreciated - Im nearly in tears to day with the frustration of not being able to understand it all..

Thanks soo much

Claire

(ps im claiming against YB)

[georgieboy]

http://Allocation questionnaire - A guide to completion Hi Claire try this link it should be what you need it is all in there. Yes you include the Draft order for Directions tick no regarding other parties and in other info mention you would respectfully request the judge asks the bank to supply info about Cynthesys. I am not to sure about the estimate of costs but I know someone will pop up with the answer for you. Everyone is in the same boat - seems the more you read up the clearer it becomes. Best of luck..

[Cruicky2]

Sorry but the link to AQ notes on completion isn't working, where is it please?

[georgieboy]

Allcation questionnaire - a guide to completion Sorry try again. and then the BANK TEMPLATES LIBARARY.

[GuidoT]

I have posted this offer elsewhere and previously on this thread (but much earlier and it will probably be missed now).

 

I have a single PDF with most of the core generic court bundle documentation, if anyone would like it then PM me your email address (I cannot sent it to without this address).

 

It includes the following:

1. Dunlop v New Garage case summary

2. Robin v Harman extract from Keating

3. Murray v Leisureplay transcript

4. Australian Unfair Fees report

5. BBC Money Programme Summary

6. House of Commons Early Day Motion

7. Peter McNamara Transcript

8. Unfair Terms in Consumer Contracts Act 1999

9. Unfair Contract Terms Act 1977

10. Office of Fair Trading Statement

 

It is time consuming trying to locate all of these, when you start to find broken links etc.

 

This does not mean that you do not have to understand the documentation and please do not email me asking questions.

[BC312]

After reading 53 pages of this thread i have decided to take the AQ strike out Application which includes the Lincoln Abuse Order, Hackney v Mullen case, etc etc and added it to section G of the AQ form. Handed it in today at the court, Keep you updated on what happens.