New strategy for Allocation Questionnaires

[Michael Browne]

Do I send a copy of my AQ to Abbey

.

Not required, but recommended as a courtesy

Will the judge approve these directions

Hopefully, but nothings guaranteed

If I don't tick fast track and these directions are not approved then what will happen with standard disclosure??

The judge could decide:

1.Small claims + approve directions = Large claim, no costs + disclosure

2.Small claims + no directions = Large claim, but no costs liability

3.Fast track = standard disclosure, but possible cost liability

 

It's all slightly academic,since so far banks have settled before court

[Michael Browne]

My claim is with contractual interest. According to the CPR rules interest is NOT included in allocation considerations.........BU T does this only refer to statutory or to contractual also?

Statutory interest is claimable where no contractual interest exists and since statutory interest is excluded when deciding which track, I assume this applies to contractual interest as well. But that doesn't mean I'm right!!!

[Michael Browne]

In short what I am asking is, would this still speed matters up,

I think it's worth including, especially if the assumption in the previous post is correct.

[Michael Browne]

Implied and/or imposed contractual term regarding interest

 

Defendant charges interest to the Claimant, via the Account, at its published “unarranged overdraft rate” of XX.X%. The Defendant claims that it is entitled to charge this rate, by virtue of the Terms & Conditions.

 

The unarranged overdraft rate is charged to the Claimant, via the Account, when the Claimant draws money from the Account whilst he has not obtained permission from the Defendant for exceeding any overdraft limit that he has. It is in effect, a rate that the Defendant charges the Claimant when she draws funds from the Defendant when he has no right for doing so.

 

Using, that reasoning and maintaining the principal of equity, mutuality and reciprocity between the parties, the Claimant contends that he is entitled to an equal rate of interest in this case. The Claimant notes in particular that the Defendant erred in law, had no legal right to levy the charges to the Account and refused to refund the Charges when asked to do so by the Claimant.

 

If the Terms and Conditions form part of contract between the parties hereto then there is an implied and/or imposed term of contract that the Defendant must pay the Claimant at the same rate of interest which it reserves for itself, in similar circumstances. If no express contract exists between the parties hereto then the Claimant contends that an implied and/or imposed contract exists between the parties hereto relating solely to the Claimant’s right to charge interest to the Defendant at the rate which it reserves for itself in relation to similar circumstances.

[Michael Browne]

2. I will tick Yes for "they have been agreed by both parties"?

 

Tick No, unless you have specific agreement from the defendant.

[Michael Browne]

I am reclaiming on behalf of my sister, she will not go to the court

If there is a hearing which requires her presence and she fails to appear, she will lose by default.

 

so in section d on the allocation questionnaire do I put myself down as a witness

No

and can I go to court without her.

No

Or is there anywhere I can explain this?

What you can do is in Section G:

 

I request that Mr XXXX, accompany me to any hearing that requires my presence and that the court allows Mr XXXx to represent me as my lay representative.

[Michael Browne]

If you haven't got, you haven't got. It's not vitally important

[Michael Browne]

©Statement of Evidence - for Draft Direction Order

New strategy for Allocation Questionnaires

 

(d)Court Bundle

Basic Court Bundle

 

These are only for reference for use later, if and when the judge issues the Draft Direction as an actual Direction Order. You don't submit these with your AQ

[Michael Browne]

Decline the mediation.

 

 

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

[Michael Browne]

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

[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.

[Michael Browne]

See post#3 of this thread