New strategy for Allocation Questionnaires

[tgsh2006]

Remember once a case has been allocated to the Small Claims Track CPR Part 18 ceases to apply and can no longer be used! Any CPR Part 18 must be issued and dealt with pre allocation; unless the claim is bound for another track.

[kennyh]

At £11k+ and an ERC to boot - your guess is as good as mine

[Glenn UK]

Remember once a case has been allocated to the Small Claims Track CPR Part 18 ceases to apply and can no longer be used! Any CPR Part 18 must be issued and dealt with pre allocation; unless the claim is bound for another track.

 

true, but

 

27.2(3)The court of its own initiative may order a party to provide further information if it considers it appropriate to do so.

 

So even if the application isnt dealt with per AQ the court could, should it consdider appropriate order complaince in effect.

 

HTH

 

Glenn

[natwesttookmymoney]

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?

 

Lee-Roy

 

Have another look at the FAQs and step-by-step guide: they will set your mind at rest. You don't need the bundle till you get a court date and order from the court for exchange of documents. It comes some time after AQ.

 

(The length of time varies)

 

Westy

[Delboy01]

If the bank hasnt sent statement copies (naughty naughty ) can I delete (b) in POST #2?

 

Or perhaps state bank has failed to deal with SAR correctly etc

 

Delboy

[sezj127]

Can anyone help out with the questions i posted on post #378 please?

[Glenn UK]

If the bank hasnt sent statement copies (naughty naughty ) can I delete (b) in POST #2?

 

Or perhaps state bank has failed to deal with S.A.R - (Subject Access Request) correctly etc

 

Delboy

 

Why do you think they havent complied if they havent sent copy statements? have they sent you any data?

 

Whats b) in post #2?

[marcie63]

Hi ,i have just filled in my AQ and have attached the below and a copy of the draft order on seperate sheets with 'please see attached sheets' in G. Is this okay and when i send cobberts a copy do i need to send another copy of the schedule?

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.

[GaryH]

Thats fine, although that was pre-edit - its got spelling mistakes in (thanks GuidoT for pointing it out). Sorry - need to be more careful in future! See #3 for the edited version. Yes, you can attach a schedule if you like.

[GaryH]

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

 

This thread should tell you - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/51535-darling-2-takes-tsb-4.html#post528741

[Delboy01]

Why do you think they havent complied if they havent sent copy statements? have they sent you any data?

 

Whats b) in post #2?

 

Gary its because they have not sent Statements only a schedule of charges. also they have not sent any details of Man intervention, I need details of charges refunded.. .I have sent them 2 non compliance letters stating this.

 

Because of this I cant give the court copies of statements ( that is what is in (b) )

 

Ta

 

DELBOY

[Glenn UK]

Delboy

 

they are not obliged to send you statements and if you used the S.A.R - (Subject Access Request) template from the library i suggest you read what you asked for.

 

If they haven't supplied you with transactional data for the account history then they haven't complied.

 

If they have then they have complied, statements are not required and they are not obliged to provide them.

 

You don't need to give the court statements, you need to be able to prove the charges, if the bank has sent you a list then thats your evidence.

 

With regards to manual intervention, you simply write back and say for the avoidance of doubt you haven't said i take it to mean this there is not a record of any on my account?

 

Ask them to respond within 7 days.

 

When you file at court this letter, along with their response if any is part of your evidence also.

 

So all in all, you only need a list of charges from them and thats more or less what you asked for, it could be argued they should send a list of all transactions and i wouldn't disagree with that, but in truth you can manage without it.

 

You could try to make their life a bitch over it, but if you have the data you need them i would suggest thats all you need.

 

JMHO

 

Glenn

[marcie63]

Thats fine, although that was pre-edit - its got spelling mistakes in (thanks GuidoT for pointing it out). Sorry - need to be more careful in future! See #3 for the edited version. Yes, you can attach a schedule if you like.

 

Thanks Gary,got the edited version now but it looks exactly the same to me,cant see any spelling mistakes and it reads the same to me. And i being thick?

[marcie63]

Thanks Gary,got the edited version now but it looks exactly the same to me,cant see any spelling mistakes and it reads the same to me. And i being thick?

 

ITs okay found error ,it expediously,should have notice especially when Word is highlighting it for me.

[marcie63]

Sorry can someome please confirm if the copy of AQ goes to Cobbetts or Nat west? I thought it was Cobbetts but ive read some are sending theirs to the bank.

[natwesttookmymoney]

Send it to Cobbetts. They're acting on behalf of NW.

 

And make sure you send the original to the Court!!

 

Westy

[marcie63]

Thanks westy ,thought so just needed to make sure. Taking it in to court later today.

 

Maria

[Delboy01]

Glen

 

They only sent Schedule of charges, filed in courtbout 8 days ago so cant do anything re man intervention.

 

Basicly I shall delete statement (b) when it is AQ time, Meantime I shall report them to the Information Bloke. as I did request

 

"

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated 22.12.2006 The disclosure of personal data is incomplete in that at least the following documents are missing.

 

1) You have failed to provide a complete list of transactions and charges.

2) You have provided no details or documents relating specifically to any Charges made on my account by yourselves subsequently refunded by yourselves.

3) You have provided no notes, or documents relating to instances of manual intervention.

 

in first non compliance

 

"

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request . The disclosure of personal data is incomplete in that at least the following documents are missing.

 

 

1) You have failed to provide a complete list of Charges made to my account THAT YOU HAVE SUBSEQUENTLY REFUNDED

2) You have provided no notes, or documents relating to instances of manual intervention.

 

in second

 

Dont wanna clog this up

 

Back to my Thread

http://www.consumeractiongroup.co.uk/forum/woolwich/43450-delboy-against-woolwich-8.html

[marcie63]

Hi Gary,my AQ has been sent to the court now and i thought i should familiarise myself with the documents i may have to submit next.I'm fine with a and b but cant seem to get my head round c and d. I claiming from Nat west so is there any particular threads i could be looking at?

 

Maria

[GaryH]

Hi Maria,

 

If the judge has ordered the directions you proposed, you will then need to provide a), b), c) and d)

 

a) = schedule

b) = account statements

c) = statement of evidance

d) = cases and statutes - see the http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

 

For an idea of what to expect in the final stages, see this thread too -

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

[marcie63]

Thanks i'll have a read through later.

[themadcap]

Does anyone know what to put in the witness to which facts as i have listed myself as the witness

cheers

[TANZARELLI]

On the N149 it states in section D:

 

So far as you know at this stage, how many witnesses (other than yourself) do you intend to call to give evidence at the hearing?

 

I therefore didn't add anything other than (0)

[GaryH]

Does anyone know what to put in the witness to which facts as i have listed myself as the witness

cheers

On the N150? - "All facts and matters relevent to this claim"

[TANZARELLI]

Ahh