New strategy for Allocation Questionnaires

[lancashirelass]

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.

Not able to access draft order allocation questionnairs, says page cannot be displayed, is there a problem?

[Michael Browne]

I've just clicked on the link in your post. Works ok for me

[Ros2710]

had a letter from Cardiff County Court yesterday. totally ignored my new strategy AQ. It says-

 

Upon the Courts own motion. The Court has made this Order of its own initiative without a hearing. If you obect to this order you can apply to have it set aside or stayed within 7 days...

Before judge etc............

IT IS ORDERED THAT

1. Directions will be given in his case by the Designated Civil Judge , His Honour Judge G Hickinbottom, on the 14th August 2007:( at 10.30 am etc.....

2. The parties may appear in person or make written representations as to how the case should proceed provided a copy of the representation is sent to the Court at least 7 days prior to the hearing.

 

Is this the date I have to send my court bundle off for?

[GaryH]

Yes, thats the usual order from Cardiff. The group together all the charges claims from South Wales and list them all for a prelim on the same day!

 

You'll get to propose directions there, as its a preliminary hearing, although its likely that you'll get settled before then.

 

No bundle needed, just send a letter if you'd rather do that than attend, as you have been given the option to.

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/56933-tjc-ltsb-2.html#post524956

Amend to suit and send the draft order off with it.

[Ros2710]

Thanks Gary - put my i at rest. Am going away for a few weeks so wanted to clear that up before I go.

[kennyh]

Anyone - aidez! If you wish to volunteer your services as a 'lay representative' (I'm helping friends and relatives to whom this whole recovery process is totally alien), at what stage, and how, do you feed this into the system. I have 1 AQ in the system and am compiling a court bundle for another?

[Michael Browne]

There is no need to give prior notice, merely inform court staff on arrival at court.The judge has discretion, but is very unlikely to refuse.

 

However it is advisable to either mention this in your AQ or send a letter to the Court Manager informing them that you wish Mr XXX to accompany you to any hearing requiring your prescence and to represent you.

[kennyh]

Many thanks Mike - another veil lifted

[zipster]

Had a reply from Penzance CC the judge has ordered that the claim is stayed until 17 May 07 to enable parties to attempt settlement. Should i now contact First Direct solicitors, or just make sure my AQ is with the court. I have had no contact with DG solicitors throughout proceedings, should i phone or write to them to try and settle?

 

Rgds

 

Zipster

[clarion48]

My AQ was dispensed with when the case was transferred to my local court that was two weeks ago and I've heard nothing from the court since.

 

I read a post on here that advised sending in the Draft Order for Directions anyway, as this might speed things up a bit. The letter template was the same BankFodder's on the first post of this thread - identical instructions on the draft order as well.

 

I sent the draft order to my local court 8 days ago but have had no reply. I called the court today to see if I could get any info - they said the draft order was with the District Judge - there was nothing else they could tell me until it comes back.

 

Any ideas on how this might evolve??

[GaryH]

Had a reply from Penzance CC the judge has ordered that the claim is stayed until 17 May 07 to enable parties to attempt settlement. Should i now contact First Direct solicitors, or just make sure my AQ is with the court. I have had no contact with DG solicitors throughout proceedings, should i phone or write to them to try and settle?

 

Rgds

 

Zipster

Follow the "if a stay has already been ordered" instructions in this thread -

 

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

 

My AQ was dispensed with when the case was transferred to my local court that was two weeks ago and I've heard nothing from the court since.

 

I read a post on here that advised sending in the Draft Order for Directions anyway, as this might speed things up a bit. The letter template was the same BankFodder's on the first post of this thread - identical instructions on the draft order as well.

 

I sent the draft order to my local court 8 days ago but have had no reply. I called the court today to see if I could get any info - they said the draft order was with the District Judge - there was nothing else they could tell me until it comes back.

 

Any ideas on how this might evolve??

 

IMO its doubtful that the judge would allow an application without either an application notice or on the back of an AQ - but it won't hurt to try anyway.

 

You'll hear back within a couple of weeks, when you'll recieve a notice of allocation telling you the track, hearing date and time, and directions.

[zipster]

Gary H,

 

Many thanks for the link to the thread. With regards submitting another AQ, i spoke to Penzance CC today and they are happy with the one i submitted 10 days ago. They seem to think i will hear from FD in the near future to settle, shall i send the letter anyway, do they need pushing along or are they just overwhelmed with claims?

 

Rgds

Zipster

[GaryH]

They seem to think i will hear from FD in the near future to settle

You may very well do, but its certainly not down to the court clerk, and neither is it the court clerk who made the order - it was the judge.

 

You need to comply with the terms of the order.

[zipster]

GaryH,

 

No problem, i have sent the first 'stay' letter to DG solicitors and copy to the court.

 

Zipster

[doo]

Do we know which courts at the moment are complying with the draft order? My local court are sending all bank claims to Southend.

[GaryH]

I have a list of around 15 - none of which are Southend unfortunately. The majority are clustered around the Midlands and especially East Midlands.

[Glenn UK]

Southend did not take on the draft directions i submitted, in fact id go so far as to say they were slightly hostile!

 

I know it doesnt help but dont loose heart, they were fine eslwise.

 

Glenn

[doo]

Well my local court is colchester but I was told there that all bank claims are being sent to Southend. Will attach the draft order but what should I actually put in G (N149) for other information, feel I should put something.

[Michael Browne]

See post#3 of this thread

[doo]

OK, just found it in post 3 of this thread.

[Glenn UK]

Doo

 

All i can tell you that once i got into the allocation hearing i found the judge dealing with my claim fair and helpful. Its difficult to say he sided with me since i feel he applied the law as he saw it and i got most of what i wanted.

 

He put me at my ease and listened patiently to my rambling, not a lot more one can ask really.

 

My local court is Basildon and i had one claim transferred there and another i lodged at southend anyway. I know have two claims ongoing at Basildon, both have been defended and i expect they will be forwarded to Southend too.

 

If there is anything you want to ask or if you want to know anything about the claims, drop me a pm rather than clogging up this very useful thread and ill try to help or point you in the right direction.

 

Glenn

[brownie24]

Hi all

 

Not sure if this is the norm now? but I never actually had to fill in an AQ for my claim with Abbey. I just received the 'special' directions through:

 

a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made;

b) copies of any statement or other document relied upon as showing that each and every charge has been made;

c) a statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;

d) copies of decided cases and other legal materials to be relied upon.

 

So now I am frantically trying to get my final court bundle together.

 

Brownie 24:)

[mariejader]

Just thought I would update you, I used the new AQ and have just learnt that they judge has struck out Abbeys defence.

 

I have now filed for Judgement

[GaryH]

The new, new strategy that is - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/78216-important-info-regarding-stays.html#post686509

 

Excellent, well done Marie!

[doo]

Gary is this link above just for lloyds claimants, have just prepared my AQ for Capital One and did not see this, is this something you recommend I add?