New strategy for Allocation Questionnaires

[joneshousehold]

You could try asking Mickpercy - it seemed to come from his thread as per Post #1. The thread reads like it was generated by the judge but he mentions a solicitor friend as well in an earlier post.

[GaryH]

That wasn't actually the first instance of it though. Mine was one of the first (Swindon CC), although not the first I don't think. I'll try to get a definate on it Glenn.

[TANZARELLI]

Sorry no idea

[Glenn UK]

Thanks to GaryH

 

My problem has been well and truly resolved now, cheers all for looking.

 

Glenn

[juliedawn001]

Hello hope you can help us. My husband has a case ongoing at Gloucester CC against Barclays. This has been stayed until tomorrow and then the judge has decided that unless a request for directions is filed by 14/02 it will be closed. Are these directions suitable for this purpose and if so do we need a legal form or will a letter do? Hope you can help us thank you Julie & Dave

[natwesttookmymoney]

Hi, Juliedawn

 

Without a full breakdown of everything you've done to date, it's difficult to answer that question definitively.

 

However, my inclination, given the limited time you now have left, would be to file something, anything that looks like sensible request for directions. That being the case, use the ones in this thread.

 

Westy

[GaryH]

I think I know which order your referring to Julie, but it would be helpful if you posted up the exact wording, just to make sure. If its the one I think it is, then send this letter with the draft order (post #2) attached;

YOU v LLOYDS BANK PLC

In the ***** COUNTY COURT

CLAIM No:*******

 

Pursuant to the order made by District Judge ***** on **/**/**, I, the claimant, hereby confirm that no settlement has been reached with regard to the claim as detailed above, and as such I respectfully request that it be allowed to proceed to allocation.

 

Despite the Defendant making a request for the stay by indicating an intention to negotiate a settlement on their allocation questionnaire, with regret I must inform the court that the Defendant has attempted no contact whatsoever during the period of the stay.

 

Further, I contacted the defendant by way of a letter on **/**/**, in an attempt to initiate the dialogue for which the stay was intended. Unfortunately, this correspondence was not afforded the courtesy of a response.

 

If the court is in agreement, the Claimant respectfully suggests that directions could be made as per the attached draft order.

 

If ordered, the Claimant believes these directions will allow the overriding objective's to be furthered in that they will fully identify the most fundamental issues in dispute (as detailed below), and allow them to be assessed so that this claim may proceed justly and expediently.

 

- The crux upon which this claim rests is the true cost incurred by the Defendant as a result of the contractual breach from which its charges arise. If the Defendant cannot substantiate the cost of each charge as proportionate to its loss incurred, it has charged contractual penalties contrary to the UTCCR 1999 and common law principles established since the early 1900's.

 

- In the event that the Defendant’s charges were accepted as being a fee for a service (which is denied), examination of its true costs is required to determine whether the price is reasonable as required by the Supply of Goods and Services Act 1982.

 

As the law relating to contractual penalties is long established, the Claimant believes the outstanding issues to be of fact. Accordingly, the Claimant respectfully requests that the claim be allocated to the small claims track, and estimates that the hearing of the claim should last no longer than one hour.

 

A copy of this letter and draft directions has also been sent to the Defendant.

 

 

Yours faithfully

You'll have to amend to suit - it was intended for LTSB claimants so there may be bits that don't apply. Can you post a link to your thread please?

[natwesttookmymoney]

Apart from the odd spelling error, that lookslike just the right thing. Nice one, Gary!

 

Westy

[GaryH]

Oops! I'm completely bloomin useless at spelling - always have been!

 

Cheers Westy, I'll copy and paste it into a spellchecker!

[JULI99]

Sorry if this has been asked before.

 

Just filled out my AQ have also printed off the Draft Order for Directions.

1. Does the 14 days start from todays date or from when the Judge replys saying "yes go ahead" so to speak.

 

2. Do I send this to the Defendant straight away or do I wait for the above.

 

Thanks again in anticipation and sorry if this has been answered before

 

juli99

[natwesttookmymoney]

Sorry if this has been asked before.

 

Just filled out my AQ have also printed off the Draft Order for Directions.

1. Does the 14 days start from todays date or from when the Judge replys saying "yes go ahead" so to speak.

 

2. Do I send this to the Defendant straight away or do I wait for the above.

 

Thanks again in anticipation and sorry if this has been answered before

 

juli99

 

Hi

 

1 It's from when the judge makes the order. He (a) might not or (b) give them a different period.

 

2 Yes, send AQ and associated documents to the defendant.

 

Westy

[JULI99]

Thanks for that. Just submitted my AQ. Funny thing was there was a woman at the next counter attempting to stop the bailiffs coming in over a credit card debt. Gave her this web sites name, so I think one more member will be on her way.

 

juli99

[natwesttookmymoney]

She has my deepest sympathy. Poor woman - she must be at her wits' end.

 

Westy

[Glenn UK]

Oops! I'm completely bloomin useless at spelling - always have been!

 

Cheers Westy, I'll copy and paste it into a spellchecker!

 

Gary

 

google 'ispell' its a spellchecker that interfaces with web browsers, its what i use, when i remember that is, oh its free too.

 

HTH

 

glenn

[Barking Pete]

Submitted AQ with new strategy and has been accepted in full (Taunton) and a two hour time slot allocated.

 

Quick question regarding court bundle, can you claim for expenses involved in putting it together, and if so how?

[craigten]

Hi there Gary,sorry to bother you but i have a quick question i want to ask- I have sent my AQ (along with draft) back to my local court and photocopies of both to DG (HSBC's solicitors) and i am now waiting for my court date! i have just been advised by another person on my new thread that i should send DG a breakdown of my charges to make/persuade them to make me an offer, can you please tell me do you think this is a wise course of action? Thankyou in advance-Craig

[GaryH]

Glenn,

 

I think that sounds like just what I need. I'll check it out, thanks.

 

Barking Pete,

 

Brilliant news - thanks for letting us know. Make sure you get your documents ready and submit them in plenty of time. If your claim is allocated to small claims then no, I'm afraid you can't claim expenses for bundle preparation and things like that.

 

Craigten,

 

Personally, I'd just wait for the time being. Use the time to familiarise yourself with the documents you'll need to submit after you receive directions. I can't see how sending them a schedule would do anything whatsoever to speed up settlement.

[dickeggsy]

i sent my AQ in on the 17th Jan with new directions and phoned the court on tuesday30th and was told that the judge has looked at the case and allocated it to the small claims track,so i am just waiting for a court date.

anyone any idea on how long before i get a court date or does it depend on how busy the court is.

i might give them a ring monday to see if there is any progress.

cheers.

[natwesttookmymoney]

You should get a notice of allocation very soon. Leave it till Wednesday before following up again, is my suggestion. save your telephone bill money!

 

Westy

[craigten]

Hi there Tanz,sorry to bother you but i have a quick question i want to ask- I have sent my AQ (along with draft) back to my local court and photocopies of both to DG (HSBC's solicitors) and i am now waiting for my court date! i have just been advised by another person on my new thread that i should send DG a breakdown of my charges to make/persuade them to make me an offer, can you please tell me do you think this is a wise course of action? GaryH thinks not!!?! Thankyou in advance-Craig

[natwesttookmymoney]

Hi, Craig

 

By all means send a breakdown of your charges, which you should have on your spreadsheet. Did you not send it with your particulars of claim (POC)?

 

Westy

[natwesttookmymoney]

Why does GaryH think not? I'll have a look.

 

W

[natwesttookmymoney]

Can't see it. Where was it, Craig?

 

W

[craigten]

Hi, im not terribly sure,i asked him last night,possibly this thread but further back? im so sorry im not much help,im new at this game! Ive started my new thread and that was the advise given to me! My thread is 'Craigten vrs HSBC. Grrr' I sent the details of my charges (including 8% interest) to Hsbc with my first two lba's but then just filed for the total amount through money claim online,i included my draft too! Im going out for a while now but any/all advise is greatly recieved!! Thankyou so much- carig

[natwesttookmymoney]

"i included my draft too!"

 

Draft what?

 

W