New strategy for Allocation Questionnaires

[GaryH]

No, not just for Lloyds. Its particularly relevant to Lloyds, Abbey, Barclays and Natwest becouse they are the main and worst culprets - but they are all doing it, so yes it will most certainly not do any harm.

 

Amend to suit, obviously.

[TUTTSI]

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

 

and Willesden

[GaryH]

Indeed.

[lancashirelass]

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

Thanks tried again and got it this time

[lancashirelass]

When filling in AQ am I better off typing it out on an AQ template or hand writing the form issued by the cout? where can I find this template and if there is not enough room in the section G box to fit in all the contents of your template, can I send a seperate attached sheet. if I did not send a schedule of charges with my POC should I send one with my AQ and Draft Order for Directions request? and do I send a copy AQ and DO tonYB's Solicitor - Kirstie Ann Ross, Thanks in advance x

[Todge]

Wow. That's a lot of questions!

 

(1) Hand writing the form issued by the court is fine, even expected. Don't worry a bit about that.

 

(2) The draft order is found on one the links on this thread (#2!). Copy and paste it into word and edit it with your details. Hand-written is also ok at a push.

 

(3) You are correct, there is not enough room in section G of the N149, so enter "Please see attached Draft Order for Directions". Remember to attach it!

 

(4) The Court don't need the Schedule yet. Send the Solicitors another up to date one if you wish. Send it with their copy of the AQ+DO - save postage!

 

(5) Send a copy AQ+DO to the bank's Solicitor, keep a copy yourself. Send original AQ+DO to the court, by the date specified, with the **required fee**. Add the fee to the amount you want back.

 

(6) Read this thread! Again! Then read about Court Bundles. Maybe ...

 

Good luck!

[lancashirelass]

Thanks Todge for the advice, did what you said and sent both court and banks solcitor all the documents you told me to. Posted them today so watch this space, have to say this is playing havoc with my nerves! Once again thanks its a good job I have somewhere to go to ask questions or I'd be way out of my depth...

[Finalreminder]

The Abbey

I delivered the AQ and fee to the courts with all required documents as instructed here. Sent copy to Bank too.

Its been 10 days now and I've heard nothing. They have 14 days to reply dont they?

What can I expect to happen now?

 

My wifes convinced we wont get a dime of our charges back (£3090)...I'm starting to believe her beneath my outward confidence...we've never been the type to be smiled on by fate:)

[GaryH]

Trust me, fate does not come into it.

 

No, Abbey do not respond to your AQ, your waiting on the court to allocate your claim and issue directions. Could be anytime between now and 6 weeks depending on the court.

[TUTTSI]

The Abbey

I delivered the AQ and fee to the courts with all required documents as instructed here. Sent copy to Bank too.

Its been 10 days now and I've heard nothing. They have 14 days to reply dont they?

What can I expect to happen now?

 

My wifes convinced we wont get a dime of our charges back (£3090)...I'm starting to believe her beneath my outward confidence...we've never been the type to be smiled on by fate:)

 

The best way to satisfy yourself that you will win is to take a look in the settled claims of Abbey, you just have to read all the cases that have won and you will see that there has been many. Abbey and Cahoot successes , the more you read the more you will satisfy yourself that you can win.

DS

[littlebea]

Hi

i am in the process of filling out my N150 AQ for barclays which is due at court tomorrow (eek) just a couple of questions to make sure i am doing this right.

 

Witnesses : do i include my details here and if so, what on earth do i write under 'Witness to which facts?'

 

F- Proposed Directions section where it says' have u attatched a list of the directions you think appropriate for the management of this claim?

 

to check i attatch this:

 

 

 

Draft Order for Directions

 

 

The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

• 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.

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

 

 

2. The Defendant shall within 14 days thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed;

• a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;

• b) Whether such charge is accepted to be a penalty, and if not why not;

• c) If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was;

• d) If such charge is not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable.

• e) Any witness statements.

• f) Copies of decided cases and other legal

It also says 'have these directions been agreed with the other parties? -

 

i dont understand this question!!

 

 

H- Other information

 

to check here i write: the paragraph about asking for it to go to the smalls claim track and the bit about standard disclosure?

 

it also asks here if i have sent these documents to the other parties. i was going to send them tomorrow, after i have submitted them to court so do i tick yes? oh eek it also askes 'if yes, when did they recieve them?? i dont know the answer to that i aint sent them yet!

 

and finally, i take the completed AQ with the draft direction thing attached to court and no other documents, is that right? and post the same to Barclays?

 

Many thanks

[GaryH]

Hi littlebea,

 

You are a witness, to "all facts and matters relevant to this claim."

 

Section F, yes, you tick the box and attach the draft order as posted. No, they've not been agreed with the other party.

 

Section H, there's a template for other info at the bottom of post #3 -

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionnaires.html#post482192

 

Sorted?

[littlebea]

Thanx Gary

i had started to confuse myself reading through all the posts

[GaryH]

Yeah I know what you mean, I think this thread must be on about page 3032 by now. It feels like it is anyway!

 

There's a condensed version here if its any use -

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

[Castlebest]

Takes a deep breath and decides to post....My feelings are leave the court alone and keep nudging the banks solicitor, the court will have nothing to do with the settlement of your claim in the end so why give them extra work.

 

The Draft order was a nice idea and well written but even when we had AQ's very rarely got used by the District Judges. I think in our present climate the draft order could be seen as presumptuous because we don’t know what each local court and each local District Judge is intending to do. We and the process has moved on and we need to look at what each District Judge wants us to do and do it.

 

We have threads showing a District Judge dispensing with 77 cases in one day, from the look of it all but one paid in full and one of them was worth £12000. This is what we need, someone who grabs the situation by the scruff of the neck and settles it but you don’t want to upset a guy like that.

 

pete

[GaryH]

Continually "Nudging" the banks solicitor is not something I'd ever reccommend. It may be effective against HSBC, I've no idea, but against banks who fight dirty like Lloyds or Barclays or Abbey the more you nudge the further down the pile you go. This is patently obvious from a number of threads where the chasers always seem to get paid last.

 

Not sure what you mean by leave the court alone? Its a perfectly normal part of allocation procedure to propose case management directions on the AQ. There is actually a specific CPR referring to it. Are you suggesting that we should not request an order which obliges the banks to disclose their costs?

 

FWIW I don't personally suggest sending it without the AQ if its been dispensed with.

I think in our present climate the draft order could be seen as presumptuous because we don’t know what each local court and each local District Judge is intending to do. We and the process has moved on and we need to look at what each District Judge wants us to do and do it.

Sorry, you've lost me.

[TANZARELLI]

Don't forget the poll at the top of this thread I can't beleive only 12 people have used this and know whether the judge ordered it or not. Please do the poll.

 

Tanz

[georgieboy]

Handed in AQ form etc at the court office and asked about reclaiming £100 AQ fee - told I needed to mention this at the hearing. Do I need to include a note in with the AQ form I am sending to Miss Ross saying I am claiming a further £100 court costs.

Good luck to one and all..

[Finalreminder]

Trust me, fate does not come into it.

 

No, Abbey do not respond to your AQ, your waiting on the court to allocate your claim and issue directions. Could be anytime between now and 6 weeks depending on the court.

 

The best way to satisfy yourself that you will win is to take a look in the settled claims of Abbey, you just have to read all the cases that have won and you will see that there has been many. Abbey and Cahoot successes , the more you read the more you will satisfy yourself that you can win.

DS

 

Thanks guys. Just the jitters I suppose:|

[GaryH]

Handed in AQ form etc at the court office and asked about reclaiming £100 AQ fee - told I needed to mention this at the hearing. Do I need to include a note in with the AQ form I am sending to Miss Ross saying I am claiming a further £100 court costs.

Good luck to one and all..

 

No, not really. It'll be included in any settlement just as the issue fee's are. If they "overlook" it you should insist its paid before you discontinue the claim. They'll pay it, don't worry about that!

[clarion48]

I get so confused by the different views people have. One thread says to send in your draft order for directions - another says don't as it may be seen as presumptuous - one says nudge the solicitors, another says don't as they will put you further down the pile. I worry that things will get so messed up I will be struck out in the end.

 

I received my notice of transfer....AQ dispensed with on the 17th April - nothing from the court or abbey since. I sent the draft order as per the threads I have read on here.....no response to that. Was just thinking about sending a nudge to abbey's solicitors but now read that is not advised? I have phoned the court twice (last yesterday) to be told that my papers are still with the District Judge in Guilford - my local court is Epsom.

 

My worry is that I am having my right arm operated on this Thursday - once that is done my arm is out of action for six weeks. If papers come through with a two week deadline - I'm stuck.

 

HeeeeeLP!!!!!!

[GaryH]

The advise from this site is to propose the draft directions. Disclosure is our biggest weapon against the banks, and without a shadow of a doubt we should seek to impliment it wherever possible. The true costs of the banks charging regime is the absolute crux upon which all of these claims rest.

 

Still not sure quite what Pete meant by "presumptious", but I think he may perhaps have the wrong end of the stick somewhere along the line!

 

Its your claim, you need to conduct it however you see fit. Get a feel for how your bank operate by reading a few of the threads in the forum. If they are responsive to communication as HSBC seem to be then by all means send a nudge letter. If, on the other hand they are totally intransigent like Lloyds, then I really would'nt bother.

 

Ah, I see its Abbey. Well in that case they won't pay or communicate until very near the court date. If you want to send a nudge letter anyway though then thats fine, I'm not saying it'll necessarily harm your case. Although that said, there is a pattern I've noticed with Lloyds where the claimants who continually phone or write seem to get delayed more than most. Some banks only game plan is to frustrate. If they see its working they will do it even more!

 

Do you know someone who'll prepare your documents for you? Or why not get the majority of it done now, then get someone to send it when the order comes through after adding to it if necessary?

[clarion48]

Thanks for that GaryH - I have read so many threads my brain is in overload. I've been through all the Abbey cases and some seem to get offers early on, some like myself are strung out as long as possible. It was a bit confusing coming here after taking much of my early direction from MSE, which I realise now wasn't great as there are things I can see I did wrong.

I have never sent in a summary of charges to the court and the only one Abbey has ever had is the initial one MSE say to send with your first letter. (I had already filed with MCOL before I found this site.) I noticed after going through the statements that I had missed out almost £500 worth of charges (thought you could only claim above £12 charges), but also miscalculated interest based on MSE advice. Don't know what to do about that now - was going to file an N244 amendment but cannot now the papers are with the district judge.

 

I have pretty much everything I need for a court bundle already on my computer but obviously don't want to jump the gun printing out that much stuff. Also, would you advise putting in a bit about Section 32 of the Limitation Act 1980 as I know Abbey queried in their defence that I was claiming over six years - I did that because when I first applied for copies of my statements it was last year - they messed me about so long it was three or four months before I was sent them and then another four weeks before the rest arrived.

[doo]

I have sent my allocation questionnaire to court and copy to capital one. I have not accepted their offer of payment as it falls £1,000 short and they are trying to pay me for purchase interest and not CCI. They have tried to repay my credit card and have sent me a cheque, I have written to them returning cheque and confirming I have not accepted the amount paid on my card either verbally or in writing so could they please take the funds back. Now this morning I have received a copy of their allocation questionnaire and they state in G Other Information, that they have refunded me full amount of fees, court fee, 8% interest and purchase interest. Now to my mind this is neither fact or truth. They know I have not accepted this and they have been in receipt of my returned cheque for 4 days so this claim has not been paid. Any advice please.

[clapton]

i have sent my AQ with draft order.

in the draft order it say sthat the claiment will send within 14 days.

do i need to send any thing now to the court or do i just wait for them to reply.

 

thanks