New strategy for Allocation Questionnaires

[TUTTSI]

well done DS another one soon to bite the dust eh?

 

Hopefully!!! lol

[marcie63]

Hi,i'm really confused! In my AQ n149 what should i be putting for part G? I keep reading different things.

[mahharg]

Hi,i'm really confused! In my AQ n149 what should i be putting for part G? I keep reading different things.

 

read back at post 3 witten by Gary H. You've probably forgotten that far back LOL. Is this the longest thread?.

[TANZARELLI]

Hi,i'm really confused! In my AQ n149 what should i be putting for part G? I keep reading different things.

 

If using old method add this:

 

"I am respectfully requesting my claim be heard via the small claims

track. This issue is not a complicated one; it is an issue of fact and

not of law. The issue is only whether the money levied by the

defendant in respect of its customer’s contractual breaches exceed

or even reflect their actual costs incurred. I am happy to pay their

actual costs and I am surprised the defendant did not counterclaim

for these, as I would have paid them without argument. However,

the continuing problem is (in common with the hundreds of other

cases currently being brought by other bank customers) that the

banks are refusing to reveal the details of their penalty-charging

regime, and that the charges they apply to accounts for exceeding

overdraft limits and so on are entirely disproportionate to the

actual costs the banks incur. As the banks have a fiduciary duty

towards their customers, they have a duty to deal straightforwardly

and in utmost good faith. Accordingly, I would respectfully ask that

the court in this case, not withstanding allocations to the small

claims track, order standard disclosure. I understand that it is in

the courts discretion to do so. I believe this would bring a rapid

end to this litigation. I have attached the schedule of the charges

I am claiming for to this allocation questionnaire to show a

breakdown of the amounts for the courts perusal.

I believe the case will take no longer than 1 hour".

If using the new method and the draft order then add this then attach draft order to AQ:

The Claimant proposes the attached draft order for directions, for the courts due consideration. If ordered, the Claimant believes these directions will allow the overriding objective's to be furthered in that they will fully identify the most fundamental issues in dispute (as detailed below), and allow them to be assessed so that this claim may proceed justly and expediously.

 

The crux upon which this claim rests is the true cost incurred 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 UTCCR 1999 and common law principles established since the early 1900's.

 

In the event that the Defendants charges were accepted as being a fee for a service (which is denied), 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.

 

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 the claim be allocated to the small claims track, and estimates that the hearing of the claim should last no longer than one hour.

 

Hope that helps

Tanz

 

 

[marcie63]

Thanks ,are there any advantages to using either the old or new?

[TANZARELLI]

Thanks ,are there any advantages to using either the old or new?

 

The new is basically aimed at cutting down on time so both yourself and the defendant have 14 days to comply to the directions once ordered by the judge, instead of as with the old one waiting for a court date and then having to provide doc ie court bundle http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html and other docs you wish to rely on 14 days before the hearing date that you are given.

 

Thanks for the clicks anon and anon

[marcie63]

thanks again i think i will probably go with the new appraoch

[TANZARELLI]

thanks again i think i will probably go with the new appraoch

 

I would:)

[kennyh]

Hi Tanz,

I have asked on another thread but no reply; specifically - we are 'suggesting' directions to the Judge - have they ever been rejected. If so is our backup to issue an immediate CPR18 request for the same? Sorry to be a pain ( and God knows all of you, and Zoot in particular, have been a tremendous help) but our AQ needs to be submitted on Friday and I'm just trying to be a bit 'belt & bracesish' since we only get one crack.

[TANZARELLI]

Hi Tanz,

I have asked on another thread but no reply; specifically - we are 'suggesting' directions to the Judge - have they ever been rejected. If so is our backup to issue an immediate CPR18 request for the same? Sorry to be a pain ( and God knows all of you, and Zoot in particular, have been a tremendous help) but our AQ needs to be submitted on Friday and I'm just trying to be a bit 'belt & bracesish' since we only get one crack.

 

Yes some judges dont order them so you just get a court date and have to supply docs 14 days prior to this.

 

Not sure about CPR 18 request but it states:

 

18.1 (1)The court may at any time order a party to –

(a)clarify any matter which is in dispute in the proceedings; or

(b)give additional information in relation to any such matter,

 

whether or not the matter is contained or referred to in a statement of case.

(2)Paragraph (1) is subject to any rule of law to the contrary.

(3)Where the court makes an order under paragraph (1), the party against whom it is made must –

(a)file his response; and

(b)serve it on the other parties,

 

within the time specified by the court.

 

and also:

 

18.2 The court may direct that information provided by a party to another party (whether given voluntarily or following an order made under rule 18.1) must not be used for any purpose except for that of the proceedings in which it is given.

[kennyh]

Thanks Tanz. MODS please - Do we have any record of a Judge NOT allowing the direction suggested AND NOT allowing a CPR18?

AQ due in Friday and I WILL move heaven and earth to disuade the 'maverick' I'm trying to assist if there are circumstances preventing us drawing them to battle b4 court.

[Glenn UK]

FWIW

 

Yes we have a record of judges not allowing the draft orders suggested, or at least my judge didn't like them one bit!! Id go so far as to say that he was ****ed off with me for submitting them to him but I'm guessing here he didn't quite say that but it was clear he didn't think a lot of them. Edit this doesnt mean we sholdnt use them imho.

 

Re CPR 18 i believe you should make your CPR 18 request when you receive the defence and probably pre allocation.

 

Generally CPR 18 is applied to fast track and above so if you submit it pre allocation then in theory they should respond.

 

chances are they will ignore it and then you have to apply for an order from the court.

 

I suspect this would then either be granted or heard at an allocation or directions hearing unless the claim was of a class to be in fast or multi track.

 

With regards to whether CPR18 is a replacement for the draft orders, the answer IMHO is no, CPR18 is not intended to deal with disclosure of documents but it is intended for either party to ask for clarification and further information of matters set out in the defence/claim.

 

You may argue this could be disclosure but i don't think this is the intent. i suspect if you ask for disclosure via a draft order and don't get it there is no point in asking for the same thing by way of CPR18 since the judge will refuse and order forcing the defendant to comply.

 

JMHO

 

Glenn

[kennyh]

Thanks Glenn,

Still got a day or so b4 AQ due in. Despite "You may argue this could be disclosure but i don't think this is the intent", if we issued a CPR 18 in the absence of a request for disclosure would it not achieve the same aim?

Not being deliberately awkward but I really am trying to 'cover the bases'.

PS what do LOL and IMHO stand for - I is just a simple old wrinkly

[natwesttookmymoney]

Just to let you know -

 

CPR 18 worked very well for me. I was requesting information under (b) (see above). the appeal of it is one can make it oneself - you don't have to wait for a court order. However, if they don't respond, then you can go to the court and ask it to make an order. It can move things along.

 

Bear in mind, however, I am (delete 'am', insert 'was', coz I've won) on fast track.

 

But if the other side submits a CPR 18 request to you, there's noting to stop you doing the same to them.

 

JMHO

 

Westy

[TANZARELLI]

Thanks Glenn,

Still got a day or so b4 AQ due in. Despite "You may argue this could be disclosure but i don't think this is the intent", if we issued a CPR 18 in the absence of a request for disclosure would it not achieve the same aim?

Not being deliberately awkward but I really am trying to 'cover the bases'.

PS what do LOL and IMHO stand for - I is just a simple old wrinkly

 

LOL (Laugh Out Load)

IMHO (In My Honest Opinion)

JMHO (Just My Honest Opinion)

PMSL (P*ss My Self Laughing)

[kennyh]

Jeez - did I need a chuckle! Very many thanks Tanz and

Natwesttook.. I'll be helping someone down the fast track also; VERY MANY thanks for your input

[Glenn UK]

Thanks Glenn,

Still got a day or so b4 AQ due in. Despite "You may argue this could be disclosure but i don't think this is the intent", if we issued a CPR 18 in the absence of a request for disclosure would it not achieve the same aim?

Not being deliberately awkward but I really am trying to 'cover the bases'.

PS what do LOL and IMHO stand for - I is just a simple old wrinkly

 

i guess it depends ultimately on what 'clarification and further information' means.

 

It could of course achieve the same ends, however, i wouldn't expect a bank to comply disclose their costs because we send them a CPR18 request.

 

It my encourage them to settle, although this of course would depend on the bank, your claim and the CPR 18 request.

 

JMHO

 

Glenn

 

PS personally i would suggest that in the future you don't wait for the AQ but submit a CPR 18 request when you have received their defence since this gives them the max time to think about it.

[kennyh]

Glenn,

There are MANY things I'll do differently should the situation arise but this is the first time past LBA and very much 'sukkitandsee'. If I send a CPR18 could I tick 'yes' in Sect A of the AQ for a one month stay; would this show 'fairness' to them to consider the CPR18?

[Glenn UK]

Personally wouldn't ask for a stay.

 

I think i wrote in the comments section of my AQ in my abbey claim that a stay would materially benefit the defendant at the claimants detriment.

 

A CPR 18 request is your entitlement to get them to clarify their defence and is not to do with negotiating a settlement.

 

If you have followed the advice on the site here and given them a prelim and LBA with 14 days to comply then IMHO you have been fair enough.

 

i would send the CPR18 request and also argue against a stay since some banks have asked for this just to gain some time.

 

If they have shown any willingness to negotiate then the response may be different.

 

HTH

 

Glenn

[leviathan]

Hello there folks,

 

I am in desperate need of some help.

 

I have sent through my N149 quite some time ago, however was concerned about the particulars of my claim, since I thought, ridiculasly at the time the the space allowed on the form was finate. Alas, not really addressing the total particulars of my claim.

 

I was thinking about filling in a N244 form to add to the particulars, does anyone have any idea, since i don't want to lose this case, which i fear i'm destined to do, should this not be addressed.

 

Please help :o

[sezj127]

I need help with a couple of questions for my AQ (N150):

'Amount of claim in dispute'- Do you include the court fee and the AQ fee you will pay when you file? Or just charges and interest to date? ie; £3356 charges + £653.23 interest (til 5th march when AQ is due) = £4009.23 + £120.00 (court fee) + £100.00 (AQ fee) = £4229.23. Need to know which figure to write in box.

'Witnesses'- The claim is for my hubby's account so was made in his name, however he has no clue whatsoever bout how any of this works and has done nothing bar sign the paperwork for me, so do i put myself down or him?

'Trial or final hearing'- This will only really matter if im named as a witness as im due to have a baby around the end of march/beginning of april, so cant really give specific dates that i cant attend, so shall i just tick no to the 'any days cant attend' box?

'Other information'- Do i send copies of the 'draft order of directions' and 'schedule of charges' that im enclosing with the AQ to DG and if i tick yes to that what do i write in the 'when did they recieve them' box?

 

I know these are simple questions but i really do NOT want to mess the caim up this far into it. Many thanks in advance

[kennyh]

Glenn,

Many thanks for taking the time - I'll just get a CPR18 to them expressed (or even faxed?) and not apply for a stay. Yup - went down the prelim, LBA route just didn't wanna show up as too much of a muppet by not giving them much notice.

[Lee-Roy Burrel]

I haven't been using the court bundle!! I am at this stage with the AQ - am I just cool to carry on with things, or is there something I could have missed out on doing correctly?

[Glenn UK]

Glenn,

Many thanks for taking the time - I'll just get a CPR18 to them expressed (or even faxed?) and not apply for a stay. Yup - went down the prelim, LBA route just didn't wanna show up as too much of a muppet by not giving them much notice.

 

Kenny

 

I should have mentioned that there is a special format for the CPR18 request, if you haven't looked you can check out the CPR themselves or look at the CPR 18 requests in my Abbey thread, i think theres one posted on my Barclaycard thread too.

 

They may give you some ideas.

 

HTH

 

Glenn

[kennyh]

Glenn,

I don't care wot they say - I think you're a fine young man!!