New strategy for Allocation Questionnaires

[photoman]

I'm a way off the point were I will be dealing with n AQ, however I do wish to be prepared so a couple of questions.

My claim is with contractual interest. According to the CPR rules interest is NOT included in allocation considerations.........BUT does this only refer to statutory or to contractual also? Without contractual my claim would be below the £5k small claims ceiling, but with it, it is above.

 

Secondly, and more pertinantly to this thread. If you think your claim is very likeley to be allocated to Fast or Multi anyhow, is it worth still including the draft directions requesting disclosure on this thread?

If the claim is going to be allocated to a higher track, then disclosure would be ordered to be complied with at a later date closer to the hearing date anyhow.

In short what I am asking is, would this still speed matters up, rather than giving them the 28 days before trial date (which could be allocated months away)to disclose

[photoman]

Thanks Michael. If your right regards both your posts, that would be prefferable.

(Although I have no reservations regards going Fast, multi or whatever, .......nor in any great hurry bearing in mind the daily interest I would additionally get.............just posting this for any of you "ghosts" reading here) !!

[photoman]

Just had an idea, based upon Kazzaw's AQ ruling at Lincoln.

 

How about AQ proposed directions along these lines ?

Copying from the Lincoln court judges proposal, so other judges may be more amenable to it, (and and only slightly modifying it to allow for fact that it is your proposal rather than theirs).

 

Something along lines of:

 

"That the Court of its own motion consider striking the Defence out as an abuse of process on the basis that the Defendent has settled all previous claims of this nature. If the Defendant objects to this course of action it is to file at Court within 14 days, a Schedule setting out a list of all claims it has pursued to trial and all claims it has settled".

 

Any ideas/ suggestions anyone ?

[photoman]

BUMP

 

Just had an idea, based upon Kazzaw's AQ ruling at Lincoln.

 

How about AQ proposed directions along these lines ?

Copying from the Lincoln court judges proposal, so other judges may be more amenable to it, (and and only slightly modifying it to allow for fact that it is your proposal rather than theirs).

 

Something along lines of:

 

"That the Court of its own motion consider striking the Defence out as an abuse of process on the basis that the Defendent has settled all previous claims of this nature. If the Defendant objects to this course of action it is to file at Court within 14 days, a Schedule setting out a list of all claims it has pursued to trial and all claims it has settled".

 

Any ideas/ suggestions anyone ?

[photoman]

Was just wondering a bit more about mutuality & reciprocity.

Done a bit of a web search, and a bit of reading, and gather, that this principle stems from the fact that our contracts are considered bilateral, as opposed to unilateral.

This is because both parties to the contract have agreed to certain actions in consideration of the others also doing certain actions. This is opposed to a simple unilateral contract, ie, a simple agreement by one party to do something, without any obligation upon the other.

This bilateral standing also makes them mutual.

 

Could someone more in the know, or with a bit of background in the law please confirm this , and point the rest of us in right direction for case examples?

[photoman]

Natwesttookmymoney (spelt it right this time, phew) !!

 

Presume your post "I'll leave it to Tanz" means he'll be more able to answer my post?

[photoman]

Tanzerelli

Got your very interesting PM. Tried to respond but you inbox is full !!

Time for a spring clean ??!!

PM

[photoman]

Can I choose which court I wish to file my initial claim through?

I live in London, and imagine the courts there are clogged to the rafters with claims. However my home bank branch is in the Midlands. Can I file at a court there........or indeed anywhere other than London?

Any other benefits or drawbacks to filing elsewhere ?

[photoman]

Hi Gary,

 

I've just got a Chicken Korma from M&S.

On the Packet it says:

Microwave Directions for 650w oven.

Full Power for 3 mins

Stand for 1 min

 

My oven is actually an 850w version, and my Mum says I should give it 2mins at Full power

Stand for 2 mins.

Should I attempt these new directions?

 

Also it says in the ingredients E224 .. any idea what this is ??

 

ONLY JOKING !!

 

Just wanted to break your day with a little humour,

And to say what remarkable work you are doing for all these people, who I'm sure all appreciate your help immensly

 

Three cheers for Gary !!

 

:)

[photoman]

i am new here and see that there is much to read.

can anyone give me please a link to add to my AQ for other information.

it is against lloyds tsb and i realise that i should enter something else in the other information part.

many thanks

 

Look at post numbers 2 and 3 of this very thread.

[photoman]

I prepared the new strategy documentation, just about to post and they settled in full.

 

Anyone want 3 copies of the documentation? PM me you address and I will place in the post.

 

Guido

Well done !!

Which claim was this, and against which Bank?

 

Regards

 

Photoman

[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

[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 !!!

[photoman]

Got a small dilemma here guys,

 

Got to file my AQ by Monday,

On their defence they did manage to find one single small error on my spreadsheet of charges.

The charge itself is still legit, however I had somehow manage to put the date of it down as being one month earlier than it actually was.

Now,this does not affect the total of charges claimed... however it does have a small effect upon the interest charged thereon by myself.

 

Now, can I just put an amended schedule of charges in with my AQ, and bearing in mind that this would actually be bringing my claim total down slightly, I cannot see how they or court could object?

 

Am I right here?

 

How could I go about this?

 

Where on the AQ should I mention it?

 

and any suggestions anyone on how to phrase it?

 

Should I also send the amended schedule by fax to the Solicitors Monday, and state on AQ that they recieved it same day?

 

Should I also send an amended schedule of my own interest charged thereon, bearing in mind that although the amendment will have brought the total claim down a tiny amount, this will be countermanded by the fact that time has passed since, and so interest will have risen again?

 

 

Any help anyone ?

PM

[photoman]

Bump....

 

or should I just not bother?

 

Will it just cause unnecessary complications.

 

It's a trifling sum, in their favour, and I don't see it as being a cause for a call for strikeout.

 

anyone ??

 

(ps; anyone means GaryH mostly)

[photoman]

Thanks guys.

 

Good sense, well spoken once again !!

 

After some of the tactics and tricks we see and hear of, it does make us all a little edgy about even the smallest details.

 

What's the concensus of opinion also regards submitting a defence response with an AQ?

 

Gut instinct (and a desire to actually have soem time to myself, rather than being chained to a computer all weekend), makes me think, that as it's not a requirement, then avoid exposing your reasonings and arguments too early on. ie; don't submit a defence response.

 

I do have some objections to some of the things they have written in the defence, and have tightened up some of my arguments, but would it just be a project of vanity to submit a defence response, only to regret having shown my hand too soon.

 

If, I choose not to file a complete response, then does this mean that some of what I wish to say by way of a retort to their defence may not get the airing I would like?

Or do I geta chance to properly raise these issues in my statement/ court bundle later?

In any case, do the judges even take much notice of defence responses anyhow ?

 

Thoughts anyone ?

[photoman]

Yep,

Standard denial. appears on all of them.

 

Don't let it phase you, and file your AQ as normal.

Remember, that there is also no need to file a defence, or do anything contesting such claims made on their defence, as not doing so does not at all mean that you admit or agree with anything they have said in their defence.

 

PM

[photoman]

got my court date on the 16th this month `june` a bit nervous trying to think have i covered everything still not sure just hope all goes well. Just to say thanks for all those that helped an hopefully after the 16th all is well and my donation is on its way. If you think there might be something that i`ve missed or any extra that you want me to know please feel free.

 

tez

did you recieve any directions ?

 

Do you need to submitanything befoehand?

 

PM

[photoman]

Guys,

Just taken a quick peek at the poll results.

 

Seems to be a fairly close thing regards the directions ordered or not.

 

Does the poll ask which court ordered the directions too?

 

Such info if available would maybe be handy to see in the poll results also?

 

PM

[photoman]

Thanks Gary !!

 

Very interesting.

 

Time to move to the Midlands en masse it seems !!

 

PM

[photoman]

Hi all

 

Just to say got a copy of the defence AQ.

 

They've ticked the box for Multi track !!

 

So looks like could be the guys in red robes and white wigs ........

 

looking at recent news, I wonder if they'll be wearing Calvin Kleins too...

[photoman]

Ive just been to the court to hand in my AQ for barclaycard and attached this to it, guess i better get things ready now. Do i send this info direct to the defendant or to the court?

 

You wait to see if the court actually makes this an order, as they may instead actually order other directions.

So no need to send anything yet, until you see what the court orders.

No harm in starting to compile it in the meantime though.

If they do agree with your suggested directions, you will then need to send copies of the info to both the defendant and the court.

Remember, if this is actually made into an order, you have serious obligations under it, and it is very important that you too do comply with your own proposal.

 

PM

[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

[photoman]

Paul13

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

Otherwise looks fine IMHO.

 

Pm

[photoman]

M.Neville and Monkeygirl

 

You might both find this useful.

 

Part C you can get help with from this post by GaryH

 

New strategy for Allocation Questionnaires

 

Part D you can get from here

http://www.consumeractiongroup.c o....38&Item id=82

 

If you could post which Bank you are dealing with, then I'm sure someone might email you any T&C's you might need?

 

Hope this is useful, I'm sure peeps like Gary will be along soon enough too to help you.

 

For what it's worth, the directions from the court are good news.

Looks like they have accepted the new directions.

Which Court was it ?

 

Once you have complied with your part of the directions, it is unlikeley that the Bank will comply with their side, and will just offer to settle.

 

Best regards

 

PM