New strategy for Allocation Questionnaires

[CTUAgent]

im wonding this also, whats the best to attach and most up to date to attach to my N150. When i did Lloyds i attached the following you can see in my Lloyds thead. Is this still correct? i have been reading post but i just gets more more confusing.

 

Can someone please put me in the right direction.

 

Thanks

[yosemite]

I have put together the bundle for court as in post #25 case management representations, to try speed things along a bit.

Do I include a cover letter or is fine to just send it in as this bundle?

 

Case against Abbey

 

Where can I find post#25 case management representation as I am also just putting my court bundle together and am feeling a bit fazed.

 

Thanks for your help

 

Yosemite

[nickynackynoos]

Hello all.

 

Right i am just off to the Court with my N150 Allocation Questionnaire and as i am being blonde today i just want to check that i am taking the right papers..

 

The N150 form itself

Section H other information

Draft order for Directions..

 

Is this all i need, I will send a copy today to Abbey National Plc. I do not have to enclose the schedule, copies or statements, Statement of Evidence or copies of decided cases yet do i until i hear from the court with regards to the Allocation Questionnaire that i have completed..

 

Please tell me if i do need any of these now or have i got my Blonde head around it..

 

Thanks

 

Nicky

[pjdavies2000]

Hi,

The N149 is now available online, and the section G box can easily accomodate the text which BF says should be stated on a seperate sheet. Is it ok to actually type this in section G, and therefore just add the rec draft order, rather than adding extra docs which are not needed?

 

In my mind, it sounds fine, and this may have been thought about earlier, but by page 10 I'd got a little itchy to find out! (sorry!!!)

 

Any advice gratefully received.

 

Peter

 

ps - has this worked at all for Barclays, seeing that the defence is alot more wooly than some other banks.

 

Thanks all

[warrentuff]

Please please help

I am currently filling inmy N150, I fully understand A,B,C,D However In D under Witnesses I have put my name under "witness Name" do I include my husband also as he is also named as the Claimant.Also What do I put under "Witness to which facts!!!!!!

Also in D as my claim is substanuly larger than £5K do I automatically tick "FAST TRACK"

(E) I also understand.

(F)I have ticked "yes" and will attach the Draft order of directions as per the AQ template - Is this correct???? aprt from the obvious do I change any of the wording?????

(G) Understand to leave this blank

(H) totally totally stuck, so hopefully will break this down -

1st box tick yes

2nd box tick yes - However as I have not sent anything to the other parties, what do I put in the box "when did they receive them??????????

What does do I intend to make applications in the future mean, and what do I put.

Also what do I put in other information.

I'm having a real blonde day, and I know that people have stated read the guide to small claims, but I cannot efford it untill Friday, and my AQ has to be in by the 30/5/2007. HEEELLLLP:o

[heyho]

I am claiming against Abbey for £4300 incuding interest and court fees and have received a letter to say that my case has been transfered to my local court and that the AQ be dispended with unless the transfer court orders otherwise. I have sent a nudge letter to Abbey (It has come to my attention that as of xx/xx/07, ( date of the letter from the court) that an Allocation Questionaire may not be required in this case) etc... should I also be sending a 'Draft Order for Allocation Questionnaire (is this the same as the 'Draft Order for Directions'?) and accompanying letter to the court? If so, should I also send a copy to Abbey?

 

 

Sorry for being a pain or a little confused but what does "Any party affected by this Order may under Rule 3.3 (5) apply to have it set aside, varied or stayed. Such a party must apply under Rule 23.3 withing 14 days of service of this order' mean? It is part of the Notice of Transfer of Proceedings that I received from the court.

 

Any help or suggestions will be greatly appreciated :-?

[GaryH]

I am claiming against Abbey for £4300 incuding interest and court fees and have received a letter to say that my case has been transfered to my local court and that the AQ be dispended with unless the transfer court orders otherwise. I have sent a nudge letter to Abbey (It has come to my attention that as of xx/xx/07, ( date of the letter from the court) that an Allocation Questionaire may not be required in this case) etc... should I also be sending a 'Draft Order for Allocation Questionnaire (is this the same as the 'Draft Order for Directions'?) and accompanying letter to the court? If so, should I also send a copy to Abbey?

Yes.

Sorry for being a pain or a little confused but what does "Any party affected by this Order may under Rule 3.3 (5) apply to have it set aside, varied or stayed. Such a party must apply under Rule 23.3 withing 14 days of service of this order' mean? It is part of the Notice of Transfer of Proceedings that I received from the court.

Ignore it - its just the standard wording on any order which has been made on the courts own initiative.

[GaryH]

Please please help

I am currently filling inmy N150, I fully understand A,B,C,D However In D under Witnesses I have put my name under "witness Name" do I include my husband also as he is also named as the Claimant.Also What do I put under "Witness to which facts!!!!!!

Yes, you are both witnesses - to "all facts and matters relevant to this claim".

Also in D as my claim is substanuly larger than £5K do I automatically tick "FAST TRACK"

No, I would still tick small claims. For reasons put -

a) The claim is a consumer dispute, for which the small claims track was specifically designed

 

b) Overriding objective's require both parties to be on an even footing - the small claims track can provide for this whereas the fast track would mean costs exposure which would be a heavy burden for you but insignificant to the defendant

 

c) The law relating to contractual penalties is long established in both common law and statute - therefore the issues are of fact, not of law.

(E) I also understand.

(F)I have ticked "yes" and will attach the Draft order of directions as per the AQ template - Is this correct???? aprt from the obvious do I change any of the wording?????

Correct

(G) Understand to leave this blank

(H) totally totally stuck, so hopefully will break this down -

1st box tick yes

2nd box tick yes - However as I have not sent anything to the other parties, what do I put in the box "when did they receive them??????????

Send a copy to the other side, and put "sent **/**/** first class recorded delivery"

What does do I intend to make applications in the future mean, and what do I put.

No applications

Also what do I put in other information.

See the bottom of post #3 of this thread

I'm having a real blonde day, and I know that people have stated read the guide to small claims, but I cannot efford it untill Friday, and my AQ has to be in by the 30/5/2007. HEEELLLLP:o

Ok?

[Stornoway]

I'm claiming against Citi at Morpeth & Berwick Court and was today disappointed to have received only standard directions from Judge Large - was worth a try though ! Full details of my claim are here

http://www.consumeractiongroup.co.uk/forum/citicards/91232-stornoway-citicards-incl-contractual.html

[PeterAnderson]

Just subscribing

[Nikki1234]

Hi,

 

I don't know whether anyone is still wanting to know which courts are ordering the requested directions?

 

If they are, Basingstoke County Court has just ordered my requested directions in two of my cases, so it's looking good here .

 

Shame I bottled on one of the cases just one week too early tho... lol

 

Nikki

[GaryH]

Excellent - thats a brand new one to add to the ever growing list!

 

Thanks for letting me know.

[lancashirelass]

Hi Gary just to let you know that today I received the N159 from District Judge Ackroyd at Oldham cc and he has odered the draft order for directions in my claim, no need to go to court now though the Yorkshire Banks Solictor must have not wanted to go any further after she recieved the copy AQ DO and Section G she sent a cheque for all that is owed to me yesterday!

 

Thank you very very much you are a star, you all helped me to beat the Bankers.....

[millymollymoo]

Hi I am claiming charges and compensatory damages for my O/H against Barclaycard. The AQ and defence has been received now, but we desperately need some advice as to whether we should reply to defence and what to put in the other information box on the N149. can we attch the directions order on here or do we need to adapt it?

 

I have posted a link to my thread with full details. Please please help! #66 is where I have icluded the bit I am confused about.

 

http://www.consumeractiongroup.co.uk/forum/barclaycard/63394-millymollymoo-o-h-barclaycard.html

 

Many thnks if you can help.

 

Milly XXX

[TideTurner]

Subscribing - AQ imminent

[photoman]

AQ arrived today.

 

N150

 

Have until June 11th to respond.

 

Gary,

 

I have some complicating factors involved in this, and some unusual considerations to account for when requesting track allocation.

 

I could really do with some help here if you don't mind.

 

Could you please PM me.

 

ps, I also still have the info I previously PM'd you regards, and eager to discuss this with someone.

 

Regards

 

PM

[millymollymoo]

Me too needing advice!

 

Milly X

[Aoife]

Quick question for GaryH...... Abbey has filed defence and I wish to send abuse orders stuff to court - is it worth asking for my claim to be sent to Small Claims Court when it is for more than £10k. Could I request disclosure be required (in whichever court) without asking for small claims court? I would appreciate your help. Also i want to refer to the cases of mariejader and KellyJ, would a simple para giving the case nos be sufficient:-

 

All the best Aoife

[GaryH]

AQ arrived today.

 

N150

 

Have until June 11th to respond.

 

Gary,

 

I have some complicating factors involved in this, and some unusual considerations to account for when requesting track allocation.

 

I could really do with some help here if you don't mind.

 

Could you please PM me.

 

ps, I also still have the info I previously PM'd you regards, and eager to discuss this with someone.

 

Regards

 

PM

Will do...

Me too needing advice!

 

Milly X

Done.

Quick question for GaryH...... Abbey has filed defence and I wish to send abuse orders stuff to court - is it worth asking for my claim to be sent to Small Claims Court when it is for more than £10k. Could I request disclosure be required (in whichever court) without asking for small claims court? I would appreciate your help. Also i want to refer to the cases of mariejader and KellyJ, would a simple para giving the case nos be sufficient:-

 

All the best Aoife

Yes, no harm in requesting small claims - you may not get it but if its a simple charges + 8% then its worth a try.

 

The abuse order request in the Abbey forum contains a disclosure order request in the alternative anyway.

[smartellie]

Smartellie v First Direct Won!!!!!!!!!!! (well i hope so)

 

Hi Gary

following your advice a few posts/pages back i submitted the AQ with your request for directions and N244 to amend particulars of claim as i had done myself out of about £1K. i have not heard from the court save as to arrange a hearing to discuss my amendment but i received a letter from DG Solicitors (which our frends and colleagues in the First Direct fan club will know and love!!) offering the full amount of £10,373 (including charges and interest up to 14th May so that includes the amended amount with the extra grand on top. I believe your directions and my comments for allocating for the fast track and standard disclosure with a few additional questions have really moved this on so a donation is on its way to you, you are all stars!!.

 

the offer has come with the standard letter requesting confidentiality however i do have a loan with FD which is secured on my house i am not in arrears and am paying more than the normal montly payment to get shut of it, i am concerned that they will offset it against the loan which obviously i don't want. My initial idea is to stipulate cheque payment within 14 days otherwise the legal proceedings will continue, First question can i do this, secondly, can i still go for a wasted costs order or is the previaling wisdom to grab it and run

 

all help gratefully received i don't want to cock it up at the last stage

 

kind regards

 

Ellie

[mackem67]

subscribing....waiting for AQ

[photoman]

http://www.consumeractiongroup.co.uk/forum/show-post/post-873412.html

 

Just to let you all know about Fendy's BIG £15.5k win everyone !!!

[GaryH]

Great news! Well done Ellie!!

the offer has come with the standard letter requesting confidentiality however i do have a loan with FD which is secured on my house i am not in arrears and am paying more than the normal montly payment to get shut of it, i am concerned that they will offset it against the loan which obviously i don't want. My initial idea is to stipulate cheque payment within 14 days otherwise the legal proceedings will continue, First question can i do this, secondly, can i still go for a wasted costs order or is the previaling wisdom to grab it and run

 

all help gratefully received i don't want to cock it up at the last stage

Yes, you can specify cheque payment although I don't think they are obliged to provide the refund by any particular specified method. They may just pay it into your bank account. Although I believe that they do have a "right of offset", I don't think its very likely at all that they'd offset it against the loan.

 

Yes, you should wait until you receive the settlment before you discontinue procedings.

 

Yes, you can still go for wasted costs. The court might reject it but there's nothing to lose.

[joe1969]

Hi all,

I received an AQ N150 on Friday and i was just making sure , do i just print off post 2 of this thread as my draft order for directions and can i add a reply to the defence as they quoted the limitations act and none of my charges are over 6 years. If so what do i do.

 

Thanks Joe

[TideTurner]

Joe,

 

You have obviously received a standard letter from them in the past (which clearly shows little or no manual intervention).

 

Continue as normal, you'll have an opportunity to highlight their mis-guidance of the Court later.

 

Tide