New strategy for Allocation Questionnaires

[mango22]

Hi Gary,

 

I am completing my AQ and I think I got it but do I wait until the court responds or should I be doing my court bundle within 14 days?

 

Bina

[GaryH]

Thats right, no need to do anything about the bundle untill the court issues directions. This will be a few weeks after the AQ return date.

[GaryH]

Here's another more aggressive 'new strategy' which ties in with this one if anyones interested - it requests a strike out on the gounds of abuse of process, or alternatively that the draft directions are ordered.

 

Could be especially useful in claims v Lloyds, Barclays, Natwest, etc. and basically any of the banks who take it to the wire every time. I'm not sure if many judges would go for it or not, but it may be worth a go;

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/78216-important-info-regarding-stays.html#post686509

[pommy190780]

wait until the judge oders you. its a waiting game now. depending on the busyness of your court this is usually around 2 weeks.

[mango22]

That great. Thanks for your help.

 

Bina

[N#1N#2]

Gary H

 

Can you help

 

See link to my thread and item 2 is my problem.

 

With respect to your Directions looks like the courts have ignored these and have set a hearing date for my claim against the NR for the 27 april

 

Only comment in bold

 

the court must be informed immediately if the case is settles by agreemnt before the hearing date.

 

But i have this hearing on the 10th but have not been asked to attend is this a internal review only (see comments in my attached thread)

 

sorry for high jacking

 

http://www.consumeractiongroup.co.uk/forum/other-institutions/61255-northern-rock-ask-set.html

[jstringer]

Hi Gary,

 

I have posted this on my thread in the Lloyds TSB Forum but feel it may also be appropiate to post here.

 

I really feel I need some good advice now please.

 

I have followed the advice given on here to the letter, I am now at the stage where I have filed my AQ with the court on the 28th March the due date it had to be in by was the 31st March. I followed the new method for filling in the AQ and included the draft directions etc.

 

This morning I receive from the court the following...

 

"DISTRICT jUDGE XXXXXXXX has considered the statements of case and allocation questionnaires filed and allocated the claim to the small claims track.

 

Before the claim is listed for hearing, the judge has ordered that a preliminary hearing should take place because:-

 

Special directions are needed in this claim to prepare for the final hearing which the judge would prefer to explain to you in person.

 

At this hearing the court will consider either:

 

(a) to stay the claim pending the decision in a test claim involving the Defendant, or

 

(b) to give directions for this case to be heard as a test case, and if necesary to allocate the claim to the multi track for that purpose.

 

Not less than 14 days before the preliminary hearing the defendant shall file with the court and serve upon the claimant details in which will determine the issues in this claim. Alternatively, the defendant shall file with the court and serve upon the Claimant draft directions for this case to proceed as a test case.

 

The claimant may make any representations to the court in writing provided these are received by the court and served on the Defendant not less than 5 days before the prliminary hearing. If either party is prepared to abide by the decision of the judge as to the directions to be given, that party is excused from attending the prelininary hearing.

 

The preliminary hearing will take place at 11:00 on the 24th April 2007 at Great Yarmouth Magistrates' Courthouse"

 

 

Can somebody please explain what all this means and what action if any I have to take now ? I have been OK upto now but just need reassuring that all is still well with my claim.

 

Thanks in advance...

[GaryH]

I'll answer on your Lloyds thread - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/55623-jps-lloyds.html

[pommy190780]

Hi Gary

 

I am right in asuming section d) of the draft order is practically all of the basic court bundle except all the letters of contact with Lloyds?

[GaryH]

Pretty much - its all the legal materials (statutes and cases), I.e. UTCCR's, UCTA, SOGSA, Dunlop v New Garage, etc.

[Micheyboo]

Hi Gary

 

I am right in asuming section d) of the draft order is practically all of the basic court bundle except all the letters of contact with Lloyds?

 

The 'letters of contact' I am assuming form part of the Statement of Evidence under © which you have referred to as pre-litigation correspondence between the parties.

 

Is this right Gary? So we still have to include these at the Draft Order Stage.

 

The Draft Order is just like the basic Court Bundle but it has been forced forward via this Draft Order. Sorry if I sound a bit daft, but it is a lot of information to absorb and comprehend. I am putting together my Draft Order Pack in preparation. If judge does not ask for it, it can still be used for the Court Bundle stage anyway cos they are pretty much the same by the looks of it.

[sezj127]

Hi there Gary...

Any chance you could have a look at my thread and possibly help me out a bit as have just been refused the new directions that i had asked for in my AQ and am now a little stuck. Thanks.

sezj127 V Barclaycard

[photoman]

Hi Gary,

 

I've just got a Chicken Korma from M&S.

On the Packet it says:

Microwave Directions for 650w oven.

Full Power for 3 mins

Stand for 1 min

 

My oven is actually an 850w version, and my Mum says I should give it 2mins at Full power

Stand for 2 mins.

Should I attempt these new directions?

 

Also it says in the ingredients E224 .. any idea what this is ??

 

ONLY JOKING !!

 

Just wanted to break your day with a little humour,

And to say what remarkable work you are doing for all these people, who I'm sure all appreciate your help immensly

 

Three cheers for Gary !!

 

:)

[pommy190780]

Is this right Gary? So we still have to include these at the Draft Order Stage.

 

 

Im pretty sure this is right

[pommy190780]

The Draft Order is just like the basic Court Bundle but it has been forced forward via this Draft Order. Sorry if I sound a bit daft, but it is a lot of information to absorb and comprehend. I am putting together my Draft Order Pack in preparation. If judge does not ask for it, it can still be used for the Court Bundle stage anyway cos they are pretty much the same by the looks of it.

 

Im doing the same Micheyboo. How addictive is this!! I love it, I'm gonna do it for all my family and mates and charge a cheeky commission!! (obviously on top of a CAG donation)

[GaryH]

The 'letters of contact' I am assuming form part of the Statement of Evidence under © which you have referred to as pre-litigation correspondence between the parties.

Yes, I would assume so.

Is this right Gary? So we still have to include these at the Draft Order Stage.

Yes, upon the courts directions to submit your evidence.

The Draft Order is just like the basic Court Bundle but it has been forced forward via this Draft Order. Sorry if I sound a bit daft, but it is a lot of information to absorb and comprehend. I am putting together my Draft Order Pack in preparation. If judge does not ask for it, it can still be used for the Court Bundle stage anyway cos they are pretty much the same by the looks of it.

Pretty much - the only real difference is that a statement of evidence is required. Each section of the 'draft order' bundle should also be clearly marked and identified as a response to each clause of the order.

Hi Gary,

 

I've just got a Chicken Korma from M&S.

On the Packet it says:

Microwave Directions for 650w oven.

Full Power for 3 mins

Stand for 1 min

 

My oven is actually an 850w version, and my Mum says I should give it 2mins at Full power

Stand for 2 mins.

Should I attempt these new directions?

 

Also it says in the ingredients E224 .. any idea what this is ??

 

ONLY JOKING !!

 

Just wanted to break your day with a little humour,

And to say what remarkable work you are doing for all these people, who I'm sure all appreciate your help immensly

 

Three cheers for Gary !!

 

:)

PMSL!!!!!!! :D

 

Now that, is funny!

[callingcard]

I'm following the discussion here with considerable interest as I'm sure I will be at this stage in the next few weeks. I have represented myself at a arbitration hearing before a District Judge, but as the defendant was an idiot I won my money claim easily. However the prospect of facing a bank that can afford to employ competant and experienced legal representatives is rather daunting.

 

I have written a reply to a Capital One partial offer (the difference between £12 and what they charged me for Late Payment and Over Limit charges) which I first thought might get them to pay my whole claim (about £2,600). However I am now of the opinion that the best effect might be just that it will show the court that I have tried hard to settle without recourse to court action. I would like someone to look at my letter, but I don't know where to post it as I am a newbie on CAG. I don't want to put anything in my letter that compremises what I can do later in the legal process. Or do I just forget sending a letter and just start court action in a few days as per my LBA?

 

Thanks G.

[Ros2710]

I am just about to complete my AQ for Barclays using your excellent advice on this thread.I got N150 althpugh claim is only for £2000. As

I see it I complete form as per instructions in template (no problem) I then attach draft of directions and other information statement copied from this site.

I just need confirmation this is right . It was so much easier with A & L - they caved in after getting the N1.

 

Can I amend the amount of the claim at this late stage? I just discovered some charges I can claim I missed off original calculations

[pommy190780]

Can I amend the amount of the claim at this late stage? I just discovered some charges I can claim I missed off original calculations

 

Yes you can but it will cost you a non refundable £35 to do so. The forms are in the template library of this site and it is an N244. I personally think the better way to do it is continue on your current claim with your current Schedule and when you win start another claim for the other amounts. Hope this helps.

[Ros2710]

thanks for that.

[GaryH]

I have written a reply to a Capital One partial offer (the difference between £12 and what they charged me for Late Payment and Over Limit charges) which I first thought might get them to pay my whole claim (about £2,600). However I am now of the opinion that the best effect might be just that it will show the court that I have tried hard to settle without recourse to court action. I would like someone to look at my letter, but I don't know where to post it as I am a newbie on CAG. I don't want to put anything in my letter that compremises what I can do later in the legal process. Or do I just forget sending a letter and just start court action in a few days as per my LBA?

You should write to refuse their offer as full settlement and make clear its part-payment only.

 

Under normal circumstances, what you propose would be the proper and correct thing to do - exhaust all possibilities of amicable settlement through discussion before litigation. However, these aren't normal circumstances. The banks will not take you seriously untill you file a claim. Any additional attempts at negotiation will just go straight in the same system as all the other complaint letters about charges - I.e they'll delay as long as the banking code terms allow them to and then fob you off with the standard rubbish.

 

Prelim then 14 days, LBA then 14 days, then file a claim. Best way by far;)

I am just about to complete my AQ for Barclays using your excellent advice on this thread.I got N150 althpugh claim is only for £2000. As

I see it I complete form as per instructions in template (no problem) I then attach draft of directions and other information statement copied from this site.

I just need confirmation this is right . It was so much easier with A & L - they caved in after getting the N1.

Sounds good to me!

Can I amend the amount of the claim at this late stage? I just discovered some charges I can claim I missed off original calculations

Not without a formal application on form N244 you can't, no. Under normal circumstances I'd say don't bother and just go back for them at a later date. An exception would be if they were comiung up to 6 years old, or if it was a large amount.

[d1cky]

HIP HIP HORRAY

HIP HIP HORRAY

HIP HIP HORRAY

 

AND APLAUSE 4 GARYH

 

jus 1 quick thing abbey took 10 pound out of my girlfriend account without her permission, although she was gna pay them ten pound any way to get her microfiche statements this is wrong, i quess thier on the way but still has not recieved them neither. should she do n e thing about it? http://www.consumeractiongroup.co.uk/forum/abbey-bank/77404-microfiche.html

[callingcard]

I have started my own thread where I have posted the letter I have written.

 

http://www.consumeractiongroup.co.uk/forum/capital-one/79481-callingcard-capital-one.html#post701792

 

I have sued 3 people before and I must admit that all of them didn't treat my claim at all seriously until I started legal action, in one case with a High Court Writ. I find it depressing that banks seem to route a request for a refund of fees to their complaints procedure or just send a template letter which always claims they are sorry I am unhappy, where I take as nonsense and that their charges are fair. If they say £12 is a fair charge they are not taking what the OFT report (OFT842) actually says as their guide.

 

I have given them another 7 days beyond the 14 days I stated in the LBA I sent, that's all they are going to get if there is no offer of the full amount of my claim then I will go at full speed. The advice on the AQ is good, I will probably have to use it.

 

Regards G.

[Ros2710]

I am a bit concerned about the folowing instruction for court bundle

 

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

I dont have any letters as I never kept them. I only have bank statements .

[Michael Browne]

If you haven't got, you haven't got. It's not vitally important