New strategy for Allocation Questionnaires

[BC312]

Strange this thread has gone all quiet it was a hive of activity before i posted, did i say something to upset anyone, or is there something i should know:confused:

[Pheobe Buffet]

Hi

Im just about to submit my N150 AQ...could you let me know if ive encl. the right info...

 

For the Directions ive sent the new one as per No3 by BF...

then for the other info in sect H ive attach the followin statement..

N150 Allocation Questionnaire

 

Section H - other information

If the court is in agreement, it is respectfully suggested that special directions may be given as per the attached draft order.

 

I believe the proposed directions will further the Overriding Objectives in that they identify the most fundamental issues in dispute, and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously.

 

If the Defendant has the serious intention of defending this claim at trial as is indicated by its defence, I would contend that it is incumbent upon it to disclose such information. Further, the proposed directions are now routinely ordered in claims of this nature in the Mercantile Court in London, as well as in small claims track cases in Leicester, Derby, Chesterfield, Northampton and Mansfield County Courts.

 

As the law relating to contractual penalties is long established, I believe the outstanding issues to be of fact. Accordingly, I would respectfully request that this claim is allocated to the small claims track, and estimate that the hearing of the claim should last no longer than one hour.

 

Is that ok?? Im ok to send off??

Please advise if ive missd anything off....

Im getting very stressed!

[photoman]

Pheobe Buffet

Seems fine, and in keeping with the advice posted on this thread.

Remember to attach the draft directions.

You should be fine, and once you've filed this, just a matter of waiting to see if the directions get oredered.

PM

[Pheobe Buffet]

Thanks PM

Im sending it off first thing tomorrow....just breaks my heart to pay out another cost but know I will get it back!

 

Its very daunting at this stage in the game but its worth the stress!

 

Thanks again

[voyager9]

i have been battling yorkshire bank and have already settled a few days ago for full amount see thread for details

 

http://www.consumeractiongroup.co.uk/forum/yorkshire-bank-clydesdale-bank/78462-voyager9-yorkshire-3.html#post933798

 

i used the new draft directions with the aq together with lincoln order and strike out request for abuse of proccess,

 

today i received the following order

 

 

 

it is ordered that

 

the court of its owm motion is considering striking out the defence in this action as an abuse of process.

 

the basis for this is the fact that the defendant is settling all claims of this nature where claimants are seeking reimbusement of bank charges, with no claims proceeding to a contested hearing.

 

the court considers the authority of mullen v hackney london borough council (1997) 2 A11ER 906 relevant.

 

if the defendant objects to the proposed strike out it is ordered to file, within 14 days of the date of service of this order, a schedule setting out all claims of this type in england and wales which have proceeded to a final contested hearing, and the outcome of such hearings, together with a schedule of all such claims which it has compromised before final hearing, after proceedings have been issued.

 

upon receipt of any objections the court will consider listing the claim for an on notice hearing of the strike out issue.

 

in the absence of any such objections being filed on time, the defence herein will be struck out and judgement entered for the amount claimed by the claimant, together with the appropriate costs claimable on the small claims track.

 

 

voyager9 :grin: :grin: :grin: :grin:

 

p.s. it was newark county court

[mizzpy]

I have been told to pay another £100 when filing my allocation questionnaire, I thought you only had to pay the court costs when filing N1.

[GuidoT]

If your claim >£1.5K then another £100 is payable, it is claimable back from the bank.

[thebloodster]

When sending the new strategy letters for a case should we also attached another copy of the charges and should this be up to date with the interest as of the date I will be sending the letter

[bwdski]

How can we get a print out of this entire thread?

Or any thread forthat matter...

[GaryH]

Theres a condensed version here, if its any use -

 

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

[mahharg]

Hi ya

 

Gary H may I just say that I have been helped by this site, As you may recall I have helped others (not as much as you) anyway after I got my money thanks to this site I had to go and help my partner deliver our new daughter (that's one of each now). I come back to this site a few months later and you are still helping everybody. I just would like to commend you along with BF and all the moderators and helpers. and as probably someone like erm Paul gascoine would say... I LOVE YOU ALL.

[TUTTSI]

Hi Gary

 

The courts have sent me a N149 to complete for my Abbey claim and I am going to use the Abuse route etc...following the CAG thread.

 

Abbey have just sent to me their AQ on a N150, could you explain what is the difference between the two forms!

 

Abbey, have also sent me a draft order which they have sent to court and is virtually word for word to CAG's draft order but they have omitted the sections where they have to give a breakdown of their charges etc and give evidence to this effect.

 

They have also put on the AQ costs of £2,000 and that they estimate the case to take 2 hours! and that their witness is a Bank Officer.

 

I have to get this AQ back by Monday so I would appreciate any help ASAP.

 

Many thanks

DS

 

ps I agree with Mahharg, you and all the CAG team do a fantastic job.

[GaryH]

Hi ya

 

Gary H may I just say that I have been helped by this site, As you may recall I have helped others (not as much as you) anyway after I got my money thanks to this site I had to go and help my partner deliver our new daughter (that's one of each now). I come back to this site a few months later and you are still helping everybody. I just would like to commend you along with BF and all the moderators and helpers. and as probably someone like erm Paul gascoine would say... I LOVE YOU ALL.

Thanks! And also congratulations! On both counts!!

Hi Gary

 

The courts have sent me a N149 to complete for my Abbey claim and I am going to use the Abuse route etc...following the CAG thread.

 

Abbey have just sent to me their AQ on a N150, could you explain what is the difference between the two forms!

 

Abbey, have also sent me a draft order which they have sent to court and is virtually word for word to CAG's draft order but they have omitted the sections where they have to give a breakdown of their charges etc and give evidence to this effect.

 

They have also put on the AQ costs of £2,000 and that they estimate the case to take 2 hours! and that their witness is a Bank Officer.

 

I have to get this AQ back by Monday so I would appreciate any help ASAP.

 

Many thanks

DS

 

ps I agree with Mahharg, you and all the CAG team do a fantastic job.

Thanks to you to DS.

 

The N150 is the type usually given out for claims over £5000, but not always - they may have just run out of the others.

 

Use the guide notes from the templates to fill it in.

 

I wouldn't worry about what Abbey have filled in on the AQ - they're just posturing. The swines!

[phatram]

Hi ya

 

Gary H may I just say that I have been helped by this site, As you may recall I have helped others (not as much as you) anyway after I got my money thanks to this site I had to go and help my partner deliver our new daughter (that's one of each now). I come back to this site a few months later and you are still helping everybody. I just would like to commend you along with BF and all the moderators and helpers. and as probably someone like erm Paul gascoine would say... I LOVE YOU ALL.

 

 

Seconded.

You lot deserve medals !!

[tcw76]

Could I have sum help please.

Im just in the process of filling out my AQ and am abit stumped on a little thing of Fees. Ive paid my £80 court fees, do i have to pay for the AQ and if so how much.

[georgieboy]

good luck

[GuidoT]

Could I have sum help please.

Im just in the process of filling out my AQ and am abit stumped on a little thing of Fees. Ive paid my £80 court fees, do i have to pay for the AQ and if so how much.

 

If your court fee was £80 your claim must be

[millymollymoo]

Gary where for art though:grin:

 

I need your help!!!! If and when the judge agrees to the directions order I noted that Barclays statement of Evidence should be different than the two other examples you give in post 55 of the new strategy thread....

 

you have this link here.

 

Peter Rabbit V Barclays**success**

 

would this be good in my case against barclaycard/aka barclays!

 

milly XX

[paul13]

Hi about to file my 2nd A Q after an order of stay till 28 june,

 

do i have to submit a draft order, little confused with regards to what of the following i need to include.

 

Need to give it into the court tomorrow.

 

Thanks

 

Paul

 

In the County Court

Claim number

 

Between

 

Paul - Claimant

and

Abbey - Defendant

 

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 materials to be relied upon.

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

 

 

 

Paul -v- Abbey Plc

In the County Court

Claim No.

 

 

 

N149 ALLOCATION QUESTIONNAIRE

 

 

Section G – Other Information

 

The Claimant respectfully requests that an order may be made as follows;

 

1. That the Defence is struck out as an abuse of process, pursuant to rule 3.4(2)(b) of the Civil Procedure Rules.

 

On the basis that the Defendant has filed a template defence then subsequently settled each and every other claim of this nature.

 

Since May 2006, I am aware of over 100 claims of this nature in which the Defendant has filed an acknowledgement of service, then a Defence, then an allocation questionnaire, then has breached the order for pre-hearing directions, then has finally settled without liability shortly in advance of the hearing or trial. A sample list of these claims, including their claim numbers, is attached (attachment 1B).

 

It is submitted that the defendant’s litigation strategy is flagrantly abusive of the public resource, and further, contrary to almost all of the Overriding Objective’s of the Civil Procedure Rules. It is respectfully submitted that the Defendant will continue to conduct litigation in this manner for as long as it is allowed to do so with impunity.

 

Please find attached a copy of an order made by Lincoln County court (attachment 1C) in at least 10 cases similar to my own involving various high street banks, including Abbey Plc. The court considered the authority of Mullen-v-Hackney London Borough Council (1997)2 A11ER 906 to be relevant. If this honourable court also considers this authority relevant, I would respectfully request that the court applies its special knowledge of the defendant’s notorious and well established conduct in similar cases when considering order in the present case. Please find attached the case to which I refer (attachment 1D)

 

2. In the alternative, should the court not be minded to strike out the defence, and if the claim is to proceed to allocation, the Claimant respectfully suggests that special directions may be made as per the attached draft order (attachment 2A).

 

I believe the proposed directions will further the Overriding Objectives in that they identify the most fundamental issues in dispute and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously.

 

I would aver that if the Defendant has the serious intention of defending this claim at trial, as is indicated by its defence, that it is incumbent upon it to disclose such information. Further, the proposed directions are now routinely ordered in claims of this nature in the Mercantile Court in London, as well as small claims track cases in Leicester, Derby, Chesterfield, and Mansfield County Courts.

 

As the law relating to contractual penalties is long established, I believe that the outstanding issues are are of fact. Accordingly, I respectfully request that this claim is allocated to the small claims track, and would estimate that the hearing of the claim should last no longer than one hour.

[photoman]

Paul13

You should perhaps edit your post and remove any personally identifiable information.

Otherwise looks fine IMHO.

 

Pm

[PI Guy]

Can i use this even though the AQ has been dispesensed with?

[GuidoT]

Yes see here:

http://www.consumeractiongroup.co.uk/forum/general/80091-your-court-dispensing-allocation.html

[paul13]

Hi Just ammended as suggested,

 

A question, as i was never supplied the bank statements my claim was based on one statement multiplied by 5,

 

does this matter when supplying the information for the court bundle, and the draft order info.

 

Paul

[Kurt_Hamster]

Hi Just ammended as suggested,

 

A question, as i was never supplied the bank statements my claim was based on one statement multiplied by 5,

 

does this matter when supplying the information for the court bundle, and the draft order info.

 

Paul

 

It will when you are asked to list your charges along with the date and the reason.

 

Estimating one's charges is decidedly dodgy should you need to appear at court and prove that you are owed them.

[GaryH]

Hi Just ammended as suggested,

 

A question, as i was never supplied the bank statements my claim was based on one statement multiplied by 5,

 

does this matter when supplying the information for the court bundle, and the draft order info.

 

Paul

Stop! Do not propose the draft order if your claim is estimated!

 

Read it - clause 1a) requires you to provide a schedule of charges, and 1b) requires your statements. You will not be able to comply and your claim will be struck out.

 

I suggest you ask for a stay of 1 month on the AQ and send off an SAR sharpish. Estimated claims are not at all recommended. You're the claimant, the burden of proof is on you. If you can't even prove the charges have been made then you haven't got a case.

 

Where did you get the advice from to estimate it, just out of interest?