New strategy for Allocation Questionnaires

[TANZARELLI]

I am not 100% on this so wouldn't feel able to give much of my opinion here, however saying that I did in my first ever claim with barclays forget to add the section g quote into my first AQ, so I wrote to the court to see if it could be added to the AQ. Didn't here back though but you could always try sending any further info to them and ask it to be considered. I suppose it would depend on time ie how long since you submitted the AQ.

 

HTH but not sure it will, I would seek further advice on this.

[kennyh]

thanks Tanz - Haven't returned the AQ yet but it's what might be perceived as departing from the original phraseology in the N1 that concerns.

Are there any MODs out there who could advise or perhaps Zootscoot if scanning??

[GaryH]

I don't understand - what change in direction? That section G has been around for ages now (its in #2 here), and whats that got to do with your POC?

 

Besides that, I'm not going to comment on the ERC situation becouse I don't know enough about it, but I take it you are aware of recent developments, yes?

[kennyh]

Sorry Gary - of course you're right; just been so embroiled in the penaly/no penalty question I lost sight of the earlier strategy.

I've outlined the defence received on 'UCB Nationwide' in the Mortgage companies section.

[countrybake]

The statement of evidance is what you will need to submit WHEN/IF the judge decides to order the directions as proposed in the draft order.

hi gary i have been ordered by the judge with the civil directions as you are refering to on this thread the one with 1. a) a squedule setting out charges etc. b) copies of statements etc. c) a statement of evidence etc. and d) copies of decided cases and the defendant likewise have x amount of days to serve a response to what i send them.

just a few questions

1. for a) they want the squedule of charges spreadsheet with the 8% int. on

2. for c) a statement of evidence would it be this here

3. do the defence have x amount of days after i have sent my info or do they have to send at the same time.

Im not sure he is realy asking for all the info set out in the court bundle or not.

 

any advice would be appreciated and if this question has already been answred i appologise.

Thanks CB

[photoman]

Tanzerelli

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

Time for a spring clean ??!!

PM

[GaryH]

CB,

 

a) = schedule of charges

b) = account statements

c) = statement of evidance

d) = cases and statutes - see the court bundle

 

The defendent will have a deadline which will typically be 14 days after yours - it should say on your order.

[countrybake]

thanks for that gary CB

[TUTTSI]

Heres the 'Statement of evidence' which can be used for direction c).

 

Remember this is not to be submitted with the AQ, but after the judge has ordered directions.

 

The first statement is to be used if your bank has defended the claim on the basis that the charges are a legitimate contractual service charge - Ie. Lloyds TSB

 

The second statement is to be used if the bank has defended on the basis that the charges are proportionate to, or a pre-estimate of, their actual losses - Ie. Abbey

 

One or two banks don't plead in detail as to why their charges are not a penalty, only that they were debited in accordance with the T&C's, etc - Ie. Barclay's. If this is the case, this statement would be the most suitible - http://www.consumeractiongroup.co.uk/forum/barclays-bank/36692-peter-rabbit-barclays-2.html#post492578

 

Please think carefully about what does or does'nt apply to your own particular claim and amend as necessary. Similarly, if you can think of any more evidence relevant to your claim, add that in too.

 

Usual disclaimer applies - Im not a lawyer (far from it!) and the following is just my interpretation which I prepared for my claim and that I have amended to be relevant to others. Its offered without liability.

 

text in black - template

text in red - guide notes

text in blue - examples. Replace with your own information.

 

'SERVICE CHARGE' STATEMENT -

This next statement is suitable for claims in which the defence contends that the charges are proportionate to or a pre-estimate of their actual loss.

 

Again, think carefully about what applies to your claim and amend to suit if necessary.

 

Text in black - template

Text in red - guide notes

Text in blue - examples, replace with your own.

 

'GENUINE PRE-ESTIMATE' STATEMENT -

 

Remember that all settled cases and statutes are to be submitted for direction d)

 

Hi Gary

Hagenuk, reffered me to your thread, I have received from the Judge - An order on his own initiative where he has ordered that I get certain things to him by the 19th Feb ( Monday) and the order only came today.

 

One of the points he has asked for is the Statement of Evidence. Which I will now re-type and changing it to suit my needs.

 

You state in this statement that certain documents are to be included, now they are in the court bundle which I downloaded from the site. Do I just number that bundle and refer him in the statement to the bundle numbers. I am finding this all very confusing and with little time to deal with this.

 

It appears that once I have filed my papers in court then GM have to till 19th March to comply with his orders, which includes :-

 

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 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 a loss and all evidence to be adduced at trial as to what the true cost of dealing with the matter was.

 

If such charge is alleged to be a pre-estimate of the defendant's loss incurred by the claimant's actions the facts and matters relied upon showing the basis upon which the charge was calculated and all evidence yo be adduced at trial to show that the charge was fair and reasonable.

 

They also want copies of decided etc...

 

So the judge knows what he wants and probably knows that they will settle and not debate this in open court.

 

Any help and encouragement you can help with this evening would be greatly appreciated.

Thanks

DS

[kennyh]

Hi desilverstein,

Is this bank charges or ERC and fast track??

[GaryH]

Hi DS,

 

To satisfy your part of the order you need to provide;

 

a) = schedule of charges

b) = documents to show charges have been made (ie. account statements)

c) = statement of evidance

d) = cases and statutes - UTCCR, UTCA, SOGA, case law. For all this see the court bundle

 

Does this answer your question?

[TUTTSI]

Small claims track, credit card charges with GM Card.

I have exactly the same with Barclaycard at the same court, but for some reason they have not given me any time to prepare this and not knowing what they wanted I feel at my wits end, I have to go to work tomorrow and have loads to do and really do not know exactly what to include and how.

DS

[TUTTSI]

Hi DS,

 

To satisfy your part of the order you need to provide;

 

a) = schedule of charges

b) = documents to show charges have been made (ie. account statements)

c) = statement of evidance

d) = cases and statutes - UTCCR, UTCA, SOGA, case law. For all this see the court bundle

 

Does this answer your question?

 

Gary

My question is what is in the court bundle which I downloaded from this site, do I just number the pages and refer the Judge to these pages in the bundle. I have not done anything like this before and I am panicking. As your Statement of Evidence refers to these documents.

I just want to get this right and do not want to make a mess of it.

Thanks

DS

[GaryH]

The main thing is that you just provide it. Amend the statement to suit and attach the supporting docs as linked underneath (if any apply), add in the cases and statutes from the court bundle, schedule and proof charges have been made and get it sent off to the court and the other side.

[TUTTSI]

The main thing is that you just provide it. Amend the statement to suit and attach the supporting docs as linked underneath (if any apply), add in the cases and statutes from the court bundle, schedule and proof charges have been made and get it sent off to the court and the other side.

 

So Gary, are you saying that I take out the relevant paperwork from the main bundle of documents and attach it to the Statement that I am going to prepare as I am still very confused, and really do not know whats what or do I leave them in the main bundle and just send it all to the court without spliting up the bundle.

[mahharg]

Hi DS been reading your posts. You sound like you are in a bit of a panic. I would be too. but have you read this thread started by Gary.

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

 

After reading this it may well help answer your questions.

[Delboy01]

Hi DS been reading your posts. You sound like you are in a bit of a panic. I would be too. but have you read this thread started by Gary.

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

 

After reading this it may well help answer your questions.

 

 

Now that is a quality post by Gary. It will give people a bit scared a huge lift if they get to this stage.

 

Delboy

[claire lloyd]

Dear all,

 

I returned from travelling this week to a letter from Cobbets (Nat west solicitors) and a nice big cheque for full and fnal payment of just over £2000.00.

 

I also recieved their standard response saying that it is a gesture of goodwill etc etc and i should not disclose any details of the payment.

 

I know from prevoius posts that this is not necessary but can't find the response letter to send them.

 

Also the muppets have written the acccount number of my NatWest bank on the cheque - the account was closed two years ago precisly because of all the money they were charging me!!!! So i can't Cash the cheque and will not be contacting the court to stop the claim until i have a new cheque and it has cleared.

 

I believe the new stategy on this link has helped me to get my claim settled so thanks to all for the good advice. So i just need a little more help for this last letter reponse to 'Cobblers'.

 

Good luck to all those still fighting and keep going, it's worth it in the end.

Claire

x

 

[TANZARELLI]

Hi all,

 

smel has just had capital one agree to remove a default notice as well as refunding charges and interest, see here: http://www.consumeractiongroup.co.uk/forum/capital-one/42034-smel-c1-refund-plus.html

 

From here AQ info it seems as she used the old section G bit and added some other bits, however it seemed to work.

 

I am not far behind her and am also going for default removal see here: http://www.consumeractiongroup.co.uk/forum/capital-one/51318-tanzarelli-cap-one-default.html

 

However I am using the new draft order and new section G bit

 

(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.), but want to add something about the default removal so will add some additional bits re default. Any thoughts on wording would be welcomed. Willow suggested this earlier (In the event that the Defendant fails to prove that the charges taken from the Claimant's account were reasonable and proportionate to their costs then the Claimant requests that the Court order the Defendant to remove the Default from the Claimant's credit file under Section 14 of the Data Protection Act as it is an inaccurate reflection of the debt owed.) and will add this, as well as copies of previous response to Cr@p One's last letter which was used as their defence.

 

Any further comments re wording would be welcome.

 

Tanz

[jim_robinson]

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.

 

IT IS ORDERED THAT

 

1. The claimant shall by 23rd February 2007 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 tendin to show that the charges are ireecoverable as penalties or other wise.

 

d) Copies of decided cases and other legal materails 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 by 8th March 2007 file and serve a response to the Claimant's schedule, stating in respect of each item claimed:

 

a) Pursuant to what contractual revision 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 alledged 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 inteneded 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.

[GaryH]

Great. It is the final hearing then, my apologies. Which court is it by the way? And which bank?

 

You now need to submit;

 

a) = schedule of charges

b) = account statements

c) = statement of evidance

d) = cases and statutes - see the court bundle

 

make sure you get it all off to the court and the other side in plenty of time!

 

Also refer to this thread -

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html#post553523

[jim_robinson]

Tunbridge Wells court, and Abbey.

 

Is it ok just to photocopy the pages of statements that have the charges on them? Otherwise I'll have to photocopy and post hundreds of pages.

 

Thanks for your help.

[GaryH]

Just the pages with charges on is fine.

[TUTTSI]

The main thing is that you just provide it. Amend the statement to suit and attach the supporting docs as linked underneath (if any apply), add in the cases and statutes from the court bundle, schedule and proof charges have been made and get it sent off to the court and the other side.

 

Hi Gary

Just to let you know, Court Bundle delivered today to the courts and the bundle to GM Card has been posted.

Thank you so much for your help.

DS

[TANZARELLI]

well done DS another one soon to bite the dust eh?