New strategy for Allocation Questionnaires

[chewy xr]

I used the new stragy for my allocation questionaire (2nd January) so we'll wait and see what happens and I will keep you all posted. My claim is for 3k from HSBC.

[GaryH]

Anyway, my Query before I get too excited! Can I use this on my AQ N149 against Littlewoods catalogue??

 

I really can't think of any reason why not. The principles are exactly the same as if it were against a bank.

 

Yes, go for it.

[chezt]

I really can't think of any reason why not. The principles are exactly the same as if it were against a bank.

 

Yes, go for it.

 

That's great ... thanks for replying Gary ... will get to work on it right now - Just one other Q if you can help re AQ's ... Littlewoods have put in their defence which was 2 pages long ... am I expected to actually reply to any of their points on my AQ or is it just a case of entering my notes etc?

 

Also, should I send a copy of the completed AQ & draft order to Littlewoods also? AND should I send an updated schedule of charges to the court?

 

Thanks Muchly!

[GaryH]

am I expected to actually reply to any of their points on my AQ

No. A reply to defence is'nt necessary in small claims track cases.

Also, should I send a copy of the completed AQ & draft order to Littlewoods also?

Its not essential, but it is a good idea too. It's considered courtious apparently, plus if nothing else, it shows you mean business!

should I send an updated schedule of charges to the court?

How do you mean updated? You can't add any new charges on which have been levied since the date of issue. No need to tot up the daily interest either, that will accrue automatically. By all means attach your schedule to the AQ (although again, this is'nt essential), but it should read exactly the same as the one you submitted when you filed your claim.

[claire lloyd]

Dear All,

 

this has been by far the most informative and helpful thread at this stage of my claim. Good luck to you all we are simialer stages in the process. I hope you don't mind if i join in here for some guidence through (hopefully) the last stages of my claim.

 

I'm hoping i've suscribed properly to this thread so please help if you can.

 

So it's Me against NatWest total claim £2477.40 (inc. interest and court charges at point of claim).

Aq N149 rec. 3rd Jan, have to submit Aq by 17th Jan to court

 

Cobbetts ( NatWest solicitor ) have sent me copy of their defence and request for more info (which they submitted to court)and have asked for a reply by 12th Jan. - DO i just send them a copy of the Aq plus info i send the court? Or do i have to reply seperately?:-?

 

So far have pretty much followed set letters and templates. Have printed of this thread plus "Allocation questionnaires a guide to completion" found in templates libary and wil be following these to fill in the N149 today / tomorrow.

 

I have to say i've spent ages reading and re-reading the site and although i'm pretty sure i've done it right it's so worrying at this stage that your particular claim has some new clause/ statement in it to trip you up!:-|

 

One thing i know i've done wrong is the very first schedule of charges i sent Nat West included a charge that was an error. I deleted it when i sent the schedule again with my LBA but i wonder if this will go against me at any stage? :-?

 

Anyway some people seem to have had offers from Cobbetts at this stage before sending off the Aq but nothing has arrived for me! Cobbetts have asked for a letter of aknoweldgement of receipt of their defence and request for further info. Does anyone have a good reply that will maybe show them i mean business and encourage an offer at this stage?

 

sorry for the essay!

 

Claire

[downsouth]

Fantastic stuff, what a good idea. Thank you.

 

Just sent my Draft Order with completed AQ to the court, in my claim against Lloyds. Together with a copy to SC&M of course;)

 

I look forward to recieving my full settlement shortly:D

[Brainstorm]

I was just about to send back my AQ when I saw this post.

In the Draft Order where might I find a concise statement of evidence as outlined in © and copies of decided cases and other legal material.(d) ?

 

You guys are A-mazing!!!!

[GaryH]

Statement of evidance is on page 3 of this thread - http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires-3.html#post450746

 

All the cases and statutes are contained within the court bundle - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

[GaryH]

Cobbetts ( NatWest solicitor ) have sent me copy of their defence and request for more info (which they submitted to court)and have asked for a reply by 12th Jan. - DO i just send them a copy of the Aq plus info i send the court? Or do i have to reply seperately?:-?

Natwest's CPR part 18 requests and the action to be taken in response is discussed in a sticky thread at the top of the Natwest forum. This thread is for issues relating to the new draft order for directions which can be attached to the AQ. I haven't any specific knowledge of Natwest's stratagy, so I don't really feel I can answer your question.

One thing i know i've done wrong is the very first schedule of charges i sent Nat West included a charge that was an error. I deleted it when i sent the schedule again with my LBA but i wonder if this will go against me at any stage? :-?

No, this won't be a problem at all. So long as it was right when you filed your claim it'll be fine.

Anyway some people seem to have had offers from Cobbetts at this stage before sending off the Aq but nothing has arrived for me! Cobbetts have asked for a letter of aknoweldgement of receipt of their defence and request for further info. Does anyone have a good reply that will maybe show them i mean business and encourage an offer at this stage?

Again, this is a question that would be best asked in the Natwest forum. Have you got a thread there that you can ask it on?

 

Sorry I can't be more help. Good luck with your claim:)

[claire lloyd]

Thanks Gary,

 

will try and find a good thread on Natwest area of site. Natwest are really holding out until the last stage!

 

Good to hear that my charges error shouldn't be a problem.

one more question - have completed the AQ. In section G (other info) have written " I believe the case will last no longer than 1 hour" this was the advice given in the templates libary. Should i also write in here that i have enclosed a draft order and is there anything else i should include?

 

 

thanks

CLaire

 

p.s have ticked your scales - thanks!

[GaryH]

Heres a suggestion for other info (use seperate sheet) -

You -v- Bank Plc

Claim No:*******

 

N149/N150 Allocation Questionnaire

 

 

 

Section G/H - other information

 

The Claimant respectfully suggests that special directions may be made as per the attached draft order.

 

If ordered, the Claimant believes the proposed directions will further the Overriding Objectives in that they identify the most fundamental issues in dispute (as detailed below), and allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously.

 

- The crux upon which this claim rests is the actual loss suffered by the Defendant as a result of the contractual breach from which its charges arise. If the Defendant cannot substantiate the cost of each charge as proportionate to its loss incurred, it has charged contractual penalties contrary to the Unfair Terms in Consumer Contracts Regulations 1999 and common law principles established since the early 1900's.

 

- In the event that the Defendant's charges were accepted as being a fee for a contractual service (which is refuted), examination of its true costs is required to determine whether the price is reasonable as required by the Supply of Goods and Services Act 1982.

 

The Claimant believes that if the Defendant has the serious intention of defending this claim at trial as is indicated by its defence, that it is imcumbent on it to disclose such information. Further, the proposed directions are already routinely ordered in claims of this nature in the Mercantile Court in London, as well as in small claims track cases in Leicester, Derby, Chesterfield, Northampton and Mansfield County Courts.

 

As the law relating to contractual penalties is long established, the Claimant believes the outstanding issues to be of fact. Accordingly, the Claimant respectfully requests that this claim be allocated to the small claims track, and estimates that the hearing of the claim should last no longer than one hour.

Attach it to the AQ followed by the draft order. Then in the actual 'section G' box of the AQ, write this;

 

 

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 **/**/**.

It really would be a good idea for you to start a thread of your own in the NatWest forum - you'll then create your own timeline which people can follow and offer you help at every stage. Any questions you have can then be asked there.

[claire lloyd]

Thanks Gary,

 

your wording above is much appreciated - I'm not great at 'law wording'!

 

will update on my progress in due course!

 

Claire

[chezt]

No. A reply to defence is'nt necessary in small claims track cases.

 

Its not essential, but it is a good idea too. It's considered courtious apparently, plus if nothing else, it shows you mean business!

 

How do you mean updated? You can't add any new charges on which have been levied since the date of issue. No need to tot up the daily interest either, that will accrue automatically. By all means attach your schedule to the AQ (although again, this is'nt essential), but it should read exactly the same as the one you submitted when you filed your claim.

 

HI Gary - thanks for the reply ... I posted the AQ this morning before reading this tho! I didn't reply to the defence so thanks for confirming that was ok I've taken 2 copies of the AQ so will send a copy to Littlewoods also with a brief covering letter ... do I send to Littlewoods or their solicitor???

 

By updated I did mean the interest (8% statutory) as it updates each time I go into it as the days tick by ... I sent a copy schedule showing the 8% with the draft order ... hope this was ok as it does show it seperate to the charges ... I haven't added anything else on either since filing the claim

[Brainstorm]

Thank you Gary, you're obviously a scholar and a gentleman!:grin:

[reecos]

Hello All

 

I might be being a bit thick here but I'm a bit worried about cocking up!

 

I have recieved an N149 Allocation Questionnaire (small claims track) from the court.

 

I've filled in all sections up to section G with no problem.

 

Can someone tell me what I need to put in section G and what else to enclose with the AQ when I return it to the court.

 

Many Thanks

reecos

[GaryH]

If you want to follow the conventional route, see this - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

If you're considering using the new stratagy, read the explaination on post #39 - http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires-2.html#post448100.

 

If you want to go ahead, print off Bankfodder's draft order from post #2 - http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html#post441556 and attach it to your AQ.

 

Then see post #93 (a couple of posts above) for what to put in section G.

 

Good luck with your claim:)

[reecos]

Hello again Gary

 

Has the new strategy been found to be more effective than the conventional route?

[GaryH]

Its only recently come into being, but its most definately preferable yes. The chances of a judge ordering the directions as per the draft order are far higher than of ordering standard disclosure, as per the conventional method. Also, it could potentially reduce the timescale of a claim by months.

 

The most important thing is, that if the judge does order the directions as proposed, you know exactly what documents you need to provide - and that you submit them on time. Everything you need to know in this regard is previously discussed on this thread.

 

As long as you understand what your part of the bargin is should the judge order the directions, then yes, go for it.

[Guest peed orf]

Hi guys, Filed my AQ yesterday with letter attached, the claim is for approx £9500. I didn't notify the Court I'm not filling out the CPR 18, should I have?

Today I received a copy of Nat Wests AQ which in the "other info." box has.

 

"Case management directions cannot be proposed until the Claimant servers a Reply to the Request for Further Information which was due on 2 January 2007. Inlight of this, the Defendent may amend its Defence or apply to strike out."

 

Would one of you nice people like to tell me this is nothing to worry about Pleeeeeeze!

[GaryH]

You need to respond to the CPR p.18 request - sharpish.

 

Why are you asking on this thread though? You'll get far more help in the NatWest forum. Off the top of my head, I think there was a part 18 response posted in Orfosters thread.

[photoman]

I'm a way off the point were I will be dealing with n AQ, however I do wish to be prepared so a couple of questions.

My claim is with contractual interest. According to the CPR rules interest is NOT included in allocation considerations.........BUT does this only refer to statutory or to contractual also? Without contractual my claim would be below the £5k small claims ceiling, but with it, it is above.

 

Secondly, and more pertinantly to this thread. If you think your claim is very likeley to be allocated to Fast or Multi anyhow, is it worth still including the draft directions requesting disclosure on this thread?

If the claim is going to be allocated to a higher track, then disclosure would be ordered to be complied with at a later date closer to the hearing date anyhow.

In short what I am asking is, would this still speed matters up, rather than giving them the 28 days before trial date (which could be allocated months away)to disclose

[Michael Browne]

My claim is with contractual interest. According to the CPR rules interest is NOT included in allocation considerations.........BU T does this only refer to statutory or to contractual also?

Statutory interest is claimable where no contractual interest exists and since statutory interest is excluded when deciding which track, I assume this applies to contractual interest as well. But that doesn't mean I'm right!!!

[Michael Browne]

In short what I am asking is, would this still speed matters up,

I think it's worth including, especially if the assumption in the previous post is correct.

[GaryH]

I'm a way off the point were I will be dealing with n AQ, however I do wish to be prepared so a couple of questions.

My claim is with contractual interest. According to the CPR rules interest is NOT included in allocation considerations.........BUT does this only refer to statutory or to contractual also? Without contractual my claim would be below the £5k small claims ceiling, but with it, it is above.

There's been some debate about this, but CPR 26.8 (2) (b) says that any claim for interest is NOT relevant to track allocation. PART 26 - CASE MANAGEMENT – PRELIMINARY STAGE Having said that, I think the court does have the power to allocate as it see's fit, and in your case there are complicating factors - such as the challange of the SOLA, as well as the size of the interest claim - which would surely almost certainly mean it would be multi-tracked?

Secondly, and more pertinantly to this thread. If you think your claim is very likeley to be allocated to Fast or Multi anyhow, is it worth still including the draft directions requesting disclosure on this thread?

If the claim is going to be allocated to a higher track, then disclosure would be ordered to be complied with at a later date closer to the hearing date anyhow.

In short what I am asking is, would this still speed matters up, rather than giving them the 28 days before trial date (which could be allocated months away)to disclose

Well it would make them show their hand quicker. As I understand it, standard disclosure requires lists to be submitted 14 days before trial, although I'm not sure if this could vary in some cases, or perhaps by request.

[photoman]

Thanks Michael. If your right regards both your posts, that would be prefferable.

(Although I have no reservations regards going Fast, multi or whatever, .......nor in any great hurry bearing in mind the daily interest I would additionally get.............just posting this for any of you "ghosts" reading here) !!