New strategy for Allocation Questionnaires

[Spurs9]

Hi all,

At the stage of completing the N149 AQ (vs Barclaycard) and need some advice.

Could someone please confirm:

 

1)that I can use the new more aggressive strategy for the AQ against a credit card i.e.Barclaycard?

2) if so then:

i) are there any sections that need to be amended?

ii) do we still attach and refer to the Lincoln County court order (even though this specifically relates to LloydsTSB).

iii)any other points we need to be wary of?

I spent a lot of time reading this thread and cannot seem to find the specific answers to my queries as above (i may have overlooked by mistake) and would appreciate any help.

 

Kind regards,

 

Spurs9

[kennyh]

Any clarification on mattyb's enquiry?

[mattemotion]

Hi y'all,

 

Have received defence from LTSB with an N150 AQ, which has to be in by 20th August.

 

This is a verrrry lonnnng thread! Have seen the earlier advice re the AQ, just wondered if this has been updated recently in light of the OFT case, if so could someone point me to the very latest version, please?

 

Also as my claim is for approx £7.5K before sect 69 8%, is it worth applying to have the case moved to the small claims track?

 

Many thanks.

[Spurs9]

Hi all,

At the stage of completing the N149 AQ (vs Barclaycard) and need some advice.

Could someone please confirm:

 

1)that I can use the new more aggressive strategy for the AQ against a credit card i.e.Barclaycard?

2) if so then:

i) are there any sections that need to be amended?

ii) do we still attach and refer to the Lincoln County court order (even though this specifically relates to Lloyds TSB).

iii)any other points we need to be wary of?

I spent a lot of time reading this thread and cannot seem to find the specific answers to my queries as above (i may have overlooked by mistake) and would appreciate any help.

 

Kind regards,

 

Spurs9

 

 

Any advice re above please?

[davemw]

Sent my AQ in along with the draft order and have be sent this in return

 

 

Before DISTRICT JUDGE COOPER sitting at Basingstoke County Court.

 

upon the Courts own motion. The Court has made this order of its own initiative without a hearing. If you object to this order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it

 

IT IS ORDERED THAT

 

THIS CLAIM BE ALLOCATED TO THE SMALL CLAIMS TRACK

 

1.the claiment do serve on the defendant and send to the court a schedual of each and every item of charging relied upon giving date and details of the account and the amount by the 14th day after service on him/her of this order

 

2.the defendant do serve on the claiment and send to the Court full details of any facts and matters relied apon to show that each and every item of charging so detailed by the claiment is reasonable and proportionate by the 14th day after service on it of the claimant's schedule under paragraph 1 above

 

3 refer back to the district judge after the 35th day after service of this order on the claimant.

 

So what next.....

 

Do i send the statements i got from the bank in relation to the S.A.R - (Subject Access Request) or do i send the statements i have that include the 8% interest from the date of each charge?

 

and should i be sending any other stuff.

 

thanks in advance

[GuidoT]

Davemw - send only a schedule of charges and the related interest calculations that should tie in with your claim form. No need to send statements.

 

That is a good order.

 

You should stick to answering these questions on your thread. If you get no response then BUMP or post a link on another thread as a last resort.

[Spurs9]

Bump

[BC312]

After sending in my bundle within the 21 days requested by the judge. The defendant 42 days are up this Friday 17th August since the order 6th July.

If i don't get a bundle from the defence on that day or hear from them, do i need to contact the court, say on the Monday to request a judgment form N225. What part of the scenario does this involve. Is this the time to claim for expenses and time caused by the bank for dragging the claim out this far.

[tina9776]

Hi, just jumping in as I recently sent a request for judgement for my case as the bank had not put in their response to my schedule as instructed by the court - my case was due to be heard on 10th September. As a result I got a letter from the court saying that they had ordered a stay and vacated my hearing. I can't help wondering if I had not requested a judgement whether I may have just turned up at court and won. I have sent a request for the stay to be lifted but don't have much hope.

[georgieboy]

Tina wonder no more - my guess is if you had turned up at court the out come would have been the same. But dont give up the OFT case just means we have to wait that much longer.

[maxine989]

After sending in my bundle within the 21 days requested by the judge. The defendant 42 days are up this Friday 17th August since the order 6th July.

If i don't get a bundle from the defence on that day or hear from them, do i need to contact the court, say on the Monday to request a judgment form N225. What part of the scenario does this involve. Is this the time to claim for expenses and time caused by the bank for dragging the claim out this far.

 

Banks don't tend to send in a bundle. They have laready filed their defence and so unless they want to add any additional info, they leave it at that.

[BC312]

So what happens next. Do i wait for a letter from the court. The defence has to serve a response to the claimant's schedule stating in respect of each item claimed. They also have to show what the true cost of dealing with the matter was, an order which the defendant has to comply with by the judge, something the banks are trying to avoid.

[mattemotion]

Need some help, please.

 

Forgive me, but I'm in the thick of my AQ, which has to be in tomorrow, and need an answer to help.

 

I've had a letter from SC&M saying that they're going to request a stay. I've used garyh's "Section H - N150" opposing a request for a stay. But in their letter it seems their request will be relating to the OFT test case, which is not covered in the section H letter.

 

Can you help or point me to a more recent template? Please

 

Matt

[GuidoT]

MM I have answered on your thread I hope.

[minxyminx]

Guide to the new AQ strategy

 

 

 

In section G (H if N150) of the AQ, you get the opportunity to add any other information you think may help the judge manage the claim, or make a request for specific orders that you want the judge to consider making.

 

Untill now, we have always requested an order of standard disclosure in this section, as per the AQ guide notes in the templates library.

 

A standard disclosure order, if it were ordered by the judge, would oblige the bank to fully substantiate exactly how its charges are made up and provide costings and documentary evidence, etc.

 

Trouble is, that standard disclosure is not availible in small claims cases - it is only usually ordered in the fast and multi-track. Judges do have the power to order it in small claims cases if they see fit, but up untill now they have been very reluctant to do so. In fact I'm only aware of a handful of cases in which it has been ordered dispite it being requested in hundreds of AQ's.

My claim is over £15k and likely to be Multi-Tracked. I've got to hand in the AQ on Thursday. How do I request an Order for Standard Disclosure? I can't find the old way you used to ask for Standard Disclosure.

Do I just write on the AQ that I want Standard Disclosure or do I specify what I want them to disclose?

[mattemotion]

Bump.

[BankFodder]

In a multitracked case, standard disclosure is automatic but if you want can you can refer it in the AQ in the section which asks what directions you want.

 

Please get back to us when the court has made its order.

 

Which bank is it?

[minxyminx]

I understand it now. Thanx for the reply.

 

Will definately get back to you. It's Natwest.

[bobberding]

Been on holiday so forgive my ignorance but why have all the claims been put on hold exactly?Surely after paying to start the claim and then when you put your AQ in you have the right for a day in court.Do I understand it right by saying whatever way this test case goes will decide the outcome of our claims?Will we get a refund from the courts for not carrying out our claims if they back the banks?

[benjy48]

Hi,

 

Do I have to provide all the below with the allocation questionaire?

 

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

Thanks Benjy48

[GuidoT]

No those relate to the bundle.

 

Are you aware of this relating to the AQ?

AQ Completion

[walkera]

Dear Bank Fodder,

 

I desperately need some help in completing my allocation questionnaire which has to be completed today. I don't really understand what I'm doing and would appreciate some guidance. My claim is for £8,298.89 (inc interest). The court have sent me a N150. Please help!!!

[GuidoT]

Walkera - see here:

AQ Completion

 

If you have a specific question then please post it up.

[walkera]

Many thanks!

[JOSH_IOU]

I got one of those defences lol