New strategy for Allocation Questionnaires

[natwesttookmymoney]

Congratulations to you, DownSouth. Great news - and very welcome, I have no doubt!

 

Best

 

Westy

[alimehmet]

yay its gone - the AQ, along with all the necessary particulars to the court and copies to Cobbetts. Really nervous now, as I have done all i can, still feel i have screwed up somewhere. So I am expecting a strike out

[GaryH]

I'm sending them the template 'settlement received sorry for the banks wasting court time' letter straight away. Err, once I've found it! Could anyone link me to it please?

 

This one? - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/58011-sc-m-court-bundle.html#post487345

[downsouth]

That's the one. Thanks again Gary

[dickeggsy]

hello everyone,just a quick update.

right i phoned a number today and got through to ANTHONY LOMBARDI .

(wahay ).when i quoted my claim number he said he thought he was dealing with my case.turns out someone called Krista ??? was dealing with it so he gave me her direct number.

phoned her and lo and behold she is dealing with my case and my court bundle had turned up this morning.i asked very politely if they would like to settle out of court.

her reply was that they were snowed under (aren't we all lol) and totally inundated with claims and as my court date is not till april could she phone me back next week , so i replied yes no problem i've waited this long so another week or two makes no difference to me.

so from next friday they have two weeks to get their paperwork into the court and to me or the case is struck out.

is that light i see at the end of the tunnel or the front of an oncoming train , lol.

i'll keep you posted.

[GaryH]

Why phone them? I really would'nt bother if I were you. They've only got 2 weeks - let them worry about it. If you don't hear anything when the times up, just request a strike out without warning them.

[Guest willowb]

Wether or not the case is struck out is up to the Judge, they could be really late filing and the Judge may decide not to strike.

 

Wxxx

[GaryH]

The terms of the order are clear - in default the defence will be struck out without further order. They may get a day or two's grace, but the point is that there's no point whatsoever in chasing them. There's a strict deadline, they're aware of it, it's their responsibility to comply with it.

[dickeggsy]

i only phoned them to see if my bundle had arrived because i was panicking about it not arriving.

so it has really put my mind at rest , i won't be phoning again that's for sure.

cheers for all your help gary.

[ANNALH]

can i ask a quick question about the disclosure order.

 

i need to submit a N244 I think as its gone past the AQ stage. What fee do I have to pay?

 

Many thanks

[GaryH]

£35, which is non-refundable. Are you sure its worth the hassle now though? What stage are you at exactly - have you already had directions? and which bank is it against?

[ANNALH]

its against Abbey. yes i think its worth it. i think they are getting scared as they keep trying to delay things.

[ANNALH]

thanks Gary.

 

Ive completed the 'intend to apply for an order that...' bit but im not sure what to put in the 'because' section.

 

Do i say something like..'because ordering Abbey to disclose true costs will hopefully bring this matter to an end quickly without wasting any more of the courts time'. Or do i need to quote some law?

[jon986]

Hi

 

I sent the new strategy off with my AQ form and just got my reply from the court. Its gone to the small claims court and i have a hearing date but there was no mention of the order. So guess it doesnt work for everyone. Also got a letter from the bank charging me another £30 , youve got to laugh!

[TANZARELLI]

Right just completed AQ for LTSB claim due in on 15th. Added the Draft Order for Directions. Just to recap (as head like a sive) do I need to wait until the judge orders the directions before sending statement of evidence and all shedules and other documents, or is it 14 days from the date its filed. Also added this to Section G:

 

The Claimant proposes the attached draft order for directions, for the courts due consideration. 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 expediously.

 

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 Defendants 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.

[mahharg]

Pros:

- It ties in nicely with the court bundle.

- By asking for 14 days from date of order, rather than the usual no later-than-14 days-before-hearing, it should hopefully them get them throwing in the towel faster.

 

Posted by Bookworm in #4 of this thread. I suppose you would have to wait for the judge to agree/disagree the direction before doing anything.

[natwesttookmymoney]

Correct, Mahharg. No point in wasting printer ink (and running up huge bill for photocopying of statements) until the judge issues an order to that effect.

 

Westy

[TANZARELLI]

Cheers folks thought as much just checking it though. 1st one of these I have sent. Just posted it 1st class rec del today so it should be there by 15th. SC&M's can go 1st class post when I get around to sending it. Prob tomorrow. Copy saved for the file too.

 

Suppose its just waiting to see if the judge agrees to it now.

 

Thanks

[N#1N#2]

TANZARELLI

 

Recap for me then. My situation is court set aside yesterday and the bank have 7 days to file there defence???

Should the court ask for me to submit my AQ, then my understanding is that you have used this as the covering letter??

 

The Claimant proposes the attached draft order for directions, for the courts due consideration. 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 expediously.

 

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 Defendants 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.

 

 

 

and supply the court bundle also, but only at the request of the court

 

[TANZARELLI]

Hi bjberry,

 

No I used this in Section G of the AQ not a covering letter as such its the other info bit of the AQ. I suppose though thinking about it, it is like a covering letter as it suggests that the court consider the draft order for directions.

 

HTH

[jim_robinson]

Hi, I have just received my allocation back from the court. It's to take place on the 12th of March and should take no longer than 5 minutes!

 

The draft orders for direction were attached as well, so I assume now all I have to do is send back:

 

a) Schedule

 

b) The list of charges which the bank provided under my S.A.R

 

c) A statement of evidence

 

d) BAsic court bundle

 

Cheers for all your help.

[simcap]

Hi all,

 

Another dimwhit on the site. I have read the whole thread and have now got brain overload.

 

Right, 1) my claim is for 10.5k, in #69 you say still tick the small claims track, is this correct? Do I have to put a reason why I want to go down this route?

 

2) I have an N150, in section F, Proposed directions I tick Yes to "have you attached a list of the directions you think appropriate for the management of the claim" and attach the draft directions in #2.

 

3) Under section H, Other information. In the space below I put you other info statament.

 

I think that is correct. If not please, any help will be appriciated.

 

Simcap:confused:

[GaryH]

Hi, I have just received my allocation back from the court. It's to take place on the 12th of March and should take no longer than 5 minutes!

 

The draft orders for direction were attached as well, so I assume now all I have to do is send back:

 

a) Schedule

 

b) The list of charges which the bank provided under my S.A.R

 

c) A statement of evidence

 

d) BAsic court bundle

 

Cheers for all your help.

 

Does it give directions to submit documents as per the draft? I'm suspecting you may have received a date for a prelim hearing in which case you do not need to - but please post the exact wording of the ordser to confirm.

[GaryH]

Hi all,

 

Another dimwhit on the site. I have read the whole thread and have now got brain overload.

 

Right, 1) my claim is for 10.5k, in #69 you say still tick the small claims track, is this correct? Do I have to put a reason why I want to go down this route?

Yes, you can still request small claims if you wish to - no garentee you'll get it though. Reasons would be that its a consumer dispute, the issues are of fact not law, and that the costs risk of the fast track would create an imbalance between the paries which is contrary to the overriding objectives.

2) I have an N150, in section F, Proposed directions I tick Yes to "have you attached a list of the directions you think appropriate for the management of the claim" and attach the draft directions in #2.

Yes.

3) Under section H, Other information. In the space below I put you other info statament.

Yes

I think that is correct. If not please, any help will be appriciated.

 

Simcap:confused:Yes, it is

[kennyh]

Hi Tanz,

#322 is a superb change in direction and fully understood as it stands. Problem we have is that in our N1 we trotted out the, then recommended, line, specifically [

The Claimant contends that:

money taken by the defendant in the way of a redemption penalty charge on XX/XX/XXXX from account no XXXXXXXX, relates to his breach of contract in that the contract was terminated before the, initially, agreed period. The defendant's charge for this breach is a disproportionate penalty and therefore appears unenforceable as it is contrary to common law as established in Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 79. Further, as a disproportionate penalty it is invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and schedule 2(1)(e).

The claimant has repeatedly asked the defendant to justify their charges but they have declined to do so.]

Is it too late to incorporate the enquiry under Supply of Goods and services act 1982 or will this be seen by the court as a separate issue (hopefully not given our reminder that we have asked for the validity of these charges twice before albeit when we were using the penalty argument)?

Wot thinkest thou??

They have filed their defence to the N1 and, of course, deny

a. the ERC was a penalty

b. the payment of additional interest was not contrary to the requirement of good faith and did not cause a significant imbalance in the parties' rights and obligations and did not contravene UTCCR 1999 or UCTA 1977.

If we are able to effect the additional line of enquiry then it would definitely be worth continuing particularly if we can incorporate a CPR 18 now that we have their defence.

ANY advice would be appreciated.