New strategy for Allocation Questionnaires

[GaryH]

I'm a bit confused as to why you did'nt reply to my reply on your thread actually on your thread:???: If you get what I mean!

 

Anyways, yes, you send the same to Abbey as you do to the court - "file" means to the court, "serve" means to the other side.

[anney63]

Helping a friend he has received an AQ after receiving a not from Northampton that AQ won't be necessary. Obviously new court feels it is. No problem but also enclosed was a form to complete for Mediation Service. Do you think it may speed things up if we go for this as there is no way that HSBC will attend ??

[clapton]

do i need to send with my AQ the draft order when i have already sent to my bank all statements of charges or do i just send the new strategy

thanks

[GaryH]

Helping a friend he has received an AQ after receiving a not from Northampton that AQ won't be necessary. Obviously new court feels it is. No problem but also enclosed was a form to complete for Mediation Service. Do you think it may speed things up if we go for this as there is no way that HSBC will attend ??

No to mediation - the bank won't mediate unfortunately! You've tried that already pre-litigation and they did'nt want to know.

do i need to send with my AQ the draft order when i have already sent to my bank all statements of charges or do i just send the new strategy

thanks

You don't send any statements with the AQ. Just the AQ, with section G and the draft order attached.

[13169]

Hi

 

I am new to this site so any help would be greatly appreciated. My bank (Abbey) has filed a defence in respect to my claim (£456) and I recently received a letter saying that my claim has been transferred to my local court. The bit about the allocation questionnaire was crossed out and thus no questionnaire was enclosed.

 

So what now?

 

Is it worth me writing a letter to the judge requesting that he/she order standard disclosure? Can I make this request without an AQ? I have read that an AQ usually comes with a fee so if I send a letter making the same request, but without enclosing a fee, would they accept it?

 

What happens if the judge throws out the case instead of giving me a court date?

 

Thanks!!

[GaryH]

Nothing to worry about, its standard practice now for MCOL to dispense with the AQ - your local court may still send one out to you but even if not its not going to make much difference ultimately. Except perhaps shorten the timescale by a couple of weeks, which would obviously be good!

 

Please also start a thread in the Abbey forum - you'll find there are loads of other Abbey claimants who will be only to pleased to offer any help and support you need along the way.

[13169]

Thanks for getting back to me so quickly. Do you think its worth me sending a letter requesting standard disclosure at this stage? Or shall I wait for a court date?

 

Also can the judge throw out my case at this stage?

 

Thanks

[GaryH]

You can still send in the draft order (which is basically a disclosaure order), but IMHO its unlikely to be accepted by the judge without an AQ or N244. Here's a thread which you might find useful - http://www.consumeractiongroup.co.uk/forum/hsbc-bank/78873-new-after-28-days.html

 

Why would your claim be thrown out? As long as you pleaded it reasonably adequately then I can't see any other reason why it would - and even if not then it would'nt be without warning.

[clapton]

You don't send any statements with the AQ. Just the AQ, with section G and the draft order attached.

 

 

thanks GaryH

but in the draft order i am giving myself 14 days to send them these details. do i need to do it or if it has been sent already to court its now only the bank side to send theirs.

[GaryH]

You are only proposing the directions on the AQ.

 

You only need to comply by sending in a), b), c) and d) if/when the judge actually makes the draft into an actual order.

 

It might be a good idea to have another read of post #3 of this thread.

[Micheyboo]

Has anybody's case been sent to the Mercantile Court aka Royal Court for Justice? I sent my AQ to Lambeth County Court and though HSBC didn't file their's the judge has ordered the case to this new court. It's in London.

 

I am abroad so if anybody is able to shed any light on this in the next couple of hours that would be great!

 

HELP!!!

[13169]

Thanks again. If i send a request for standard disclosure do i have to do it in the form of a draft order or can i just write it in a letter? I am goin to send the court copies of the statements anyway. Should i cc the bank? Thanks

[Delboy01]

Hi Micheyboo I can see you still waiting for a reply so.. A visit here may help especially the top threads,

 

http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/

 

Basicly your case has been lumped with loads of others as courts are getting fed up with banks settling before court dates so they set dates and herd the banks into making a lot of offers on / before these dates.

Nothing to worry bout really and may be a good thing.

 

Read the above threads and come back and see if a more knowledgible person has answered your post and told me I have got it right or wrong

 

DELBOY

[GaryH]

Yep, do as Delboy says - have a read of the test cases forum. HSBC are highly likely to settle very soon, although you should obviously make sure you comply with any court orders, etc.

 

Thanks again. If i send a request for standard disclosure do i have to do it in the form of a draft order or can i just write it in a letter? I am goin to send the court copies of the statements anyway. Should i cc the bank? Thanks

 

There is a letter posted in the thread I linked for you in #790, which incorporates the draft order. Send that. CC to the banks sols, yes.

[brassed off wiv banks]

Well I'm no expert, but if it were me, I think I'd request allocation to the small claims track stating the reasons as outlined in the AQ guide notes, and requesting the directions as per the draft order.

 

You could then add in the other info that in the alternative, if the claim is allocated to the fast track then you request an order of standard disclosure.

 

I don't think that both parties would necessarily need to agree for the claim to be allocated to the small claims track. The judge has the power to allocate the claim as he see's fit.

What does this mean where it says if the claim is sent to fast track then i request a order of standard disclosure sorry to seem thick

[GaryH]

I've actually changed my mind on that now - I think that whether the claim is likely to be small, fast, or multi-track, the draft is actually favourable to standard disclosure, mainly becouse of the strict timescales.

[lancashirelass]

Yes.

Hi Gary just received AQ from Oldham cc sorry I'm gettin stresssed an I wondered should I send a copy of the draft order with my completed AQ?

[GaryH]

I would, yes. Attach the draft order and the section G sheet from post #3.

 

Make sure you know what you need to do if the draft is actually agreed though.

[lancashirelass]

Thanks Gary sorry to sound thick but can you tell me where I can find the draft order and the relevant sections you mentioned got a serious attack of the nerves at this point!

[GaryH]

At the very start of this thread, page 1.

 

Actually, there is a condensed version of the same here -

http://www.consumeractiongroup.co.uk/forum/general/57708-draft-order-allocation-questionnaires.html

 

Use that as a guide then come back here and post if you have any questions.

[lancashirelass]

Thanks dont know what we would do without this site its brill!

[Louisiem]

right. i have the draft order and the other info sorted out. thank you very very much, this is supremely helpful...

 

however and i probably sound very thick...

 

14 days to produce my a/b/c/d, from the day the court orders it? have i understood that right?

 

 

many thanks

Louise

[TANZARELLI]

right. i have the draft order and the other info sorted out. thank you very very much, this is supremely helpful...

 

however and i probably sound very thick...

 

14 days to produce my a/b/c/d, from the day the court orders it? have i understood that right?

 

 

many thanks

Louise

 

Yes but not all courts do order it, my last two claims the judge ignored it, by other courts do get better results.

[nevilley]

Hi, my turn to be thick.

 

I have received the AQ and a mediation request form. I understand from the above that I should decline mediation as HSBC wouldn't attend any way. Or should I and then they refuse?

 

Any way, number of witnesses?

I am doing all the work for a friend (it's their a/c). So is the number:

0 - just me

0 - just the friend

1 - me and the friend?

I suspect the point is moot as I don't expect HSBC to go to court. I just don't want to make another cock up and isn't it amazing how the simplest of questions can trip you up and make you wonder if you have even got your name spelt right!

 

going quite insane

Nev

[Michael Browne]

Decline the mediation.

 

 

1 - just the friend. You can represent him as a lay representative, but you're not a witness.