New strategy for Allocation Questionnaires

[rrfcfan]

Well Oh My God!, Why haven't I see this thread before.!!

 

I have submitted my AQ back in the first week of December. Abbey have also returned their AQ also on time.

 

I did use the 'order standard disclosure' in the 'other information' box on the AQ.

 

I have not received any correspondence from the courts whatsoever. I have called the courts and they have explained that a judge is looking at the case. This has been going on for nearly 3 months.

 

Looking at this thread, Can I request an amendment to the N1 by adding further information as described in this thread? This perhaps could speed up the process, and have a small claims track allocated , Claim is under 5k, I have my court bundle already prepared .

 

Or is it wise to continue with the ordering of standard disclosure?

[GaryH]

You would'nt change the N1. You could take the draft order to the court, along with the related section G, and request it is attached to your AQ. This would only be possible though if your case hasn't yet gone before the judge for allocation. I suggest you ring the court to check.

 

If it is too late then its nothing to worry about - the end result will be exactly the same in any event, draft order or no draft order. It just potentially speeds things up, thats all.

[rrfcfan]

Hi GaryH,

 

Thank you very much for quick reply.

 

My mistake to the previous post. I was meant to say 'Can I request an amendment to the AQ by adding further information as described in this thread'?

 

As the judge is still looking into my claim, I think it has been passed to the Mercantile Court in Central London. Is it too late to add the draft order? Or is there no harm in trying?

[GaryH]

If its gone to the mercentile then I would think its probably to late. Besides, the mercentile court, as far as I'm aware, routinely makes disclosure orders simular to the one in post #2 anyway. Find out where your claim is, then send the draft order and section G along with a covering letter respectfully requesting that it is attached to your AQ.

[claire lloyd]

Dear Gary,

 

Please can you help advise me which docs i should include in my court bundle. My directions from the court are as below. I am ashamed to say my court date is set as 10th April and i am to submit my bundle by 4pm tomorrow. I hadn't prepared this far as i had already recieved a cheque from Natwest but had rejected it as it was made payable to my closed account. I was hoping the replacement cheque would have arrived by now (lesson learnt). I am waiting for them to re-submit the cheque but i can't not submit my bundle to the court!!! Anyway I shall be up all night preparing this so would really appreciate help to narrow down what i need to send.

 

The following directions apply to this claim:

 

1). The Claimant has permission to amend the particulars of claim in the form filed in court and reservice is dispensed with.

 

( i had already re-submitted the claim with amendments before now to all parties).

 

2). Each party shall deliver to every other party and to court office copies of all documents (including experts' reports if the court has given permission for expert evidence to be used) on which he intends to rely to rely at the hearing.

 

3). The copies shall be delivered by 4pm on Wednesday, 14th March 2007

 

4). The original documents shall be brought to the hearing.

 

5). Signed statements setting out the evidence of all witnesses (including expert witnesses if permission has been given to use them) on whom each party intends to rely shall be prepared and copies included in the documents mentioned in paragraph 1. this includes the evidence of the parties themselves and of any other witnesses whether or not the witnesses are going to come to court to give evidence.

 

6). The court must be informed immediately if the case is settled by agreement before the hearing date.

 

Gary -Should i also ring Natwest solicitors to ask if they have submitted their docs?

 

Do you think it would be prudent to ring the court to ask for an extention?

 

 

please please help anyone!!!

 

Claire

[GaryH]

You need;

 

2) http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

 

4) Statement of evidence

 

I would'nt panic - they'll accept it being a day late if need be.

[claire lloyd]

Gary - you are a star!!!!

 

 

many thanks

CLaire

[claire lloyd]

one more thing- a witness statement not needed from me?!

 

 

thanks

CLaire

[GaryH]

Just the statement of evidence is more than adequate - they asked for a signed statement of the witnesses evidence, so either would be fine TBH, but certainly no need for both. I suggested the statement of evidence becouse its more in depth on the evidence side of it.

[claire lloyd]

Great thanks, this is very helpful.

 

Let's hope the new cheque will arrive very soon!

 

 

Claire

[finally]

Hi Gary and all

 

I don't live anywhere near the court can I post the AQ or do you have to hand deliver it? Thanks

[GaryH]

Posting it is fine.

[Kajun]

Ok Now I'm lost.

 

I am about to go to court (Swindon) against Woolwich/Barclays and they have issued a counter claim of 10 questions...that seem standard judging by other threads. How do I now fill in this AQ? What is this 'bundles' all about? Which is the best option to take ? ie do I take BankFodders or Gary Hs proposal? I was doing so well up to his point! HELP!

 

Regards to all

Kajun

[GaryH]

Are you sure its a counterclaim? Or do you mean a defence? A defence would be normal yes, a counterclaim much less so.

 

The fact that your asking the questions you are suggests you need to do a bit more reading up on everything. A 'bundle' is the documents you send to the court in advance of the hearing - no need to worry about this just yet, you'll be asked to provide it a few weeks after your AQ goes back.

 

On your AQ you have two choices. You can go down the standard route of requesting standard disclosure in section G, or you can use the new strategy, which is favourable so long as you are aware of its requirements.

 

In either event, fill in the AQ as per the guide notes - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html up to section G.

 

Have a good read up of this thread, particularly post #3, and if you want to use the new strategy then fill in section G of the AQ as per the template in post #3 and attach the draft order as per BF's post #2.

 

Incidentally, if you propose the draft directions you are likely to get them ordered at Swindon CC.

 

Also, it would be a good idea to start a thread in the Woolwich forum.

[mackie]

Hi

thanks for answering this question as l am at this stage to and was not sure whether to use the new strategy for the AQ what are the requirements with the new strategy l have spend a lot of time reading various threads and i am getting more and more confused.

 

Also l am not able to open the court bundle l do not know why.

 

I also have a letter from cobbetts regarding the CPR 18 request do l send the letter that is posted on the site to them and send a copy to the court with the AQ.

 

thanks

[GaryH]

Its explained in post #3 - http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html#post482192

 

Not sure why you can't open the court bundle, but there is some site maintanance going on so it could be that. You don't need the bundle at this stage anyway.

[Kajun]

Gary

 

Thnaks and yes its Defence! OK Have done as suggested and will start anew thread in Wollies forum!

 

Again Thanks

 

Kajun

[mackie]

maybe l am stupid but where is *3

THANKS

[d1cky]

post no. 3 of this thread, it is on the first page!

[alimehmet]

Hi Guys

 

I can see the light at the end of the tunnel here, and had what I think is great news from the courts today.

 

The judge has Consented to my Draft Order for Directions, which I submitted with my AQ. I now have 14 days to send to the Defendant and to the Court

 

a) A Schedule setting each charge repayment of which is sought, showing the date, amount, and reason given (if any) for the change being made - Sorted, will include schedule of charges again

 

b) Copies of any statement or other document relieved upon as showing that each and every charge has made

Sorted, will send copies all bank statements with charges highlighted

 

c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise

Need Help Here - any examples of this statement?

 

d) Copies of decided cases and other legal materials to be relied upon

Need Help Here- any examples I can send?

 

This is quite a sizeable claim, approx £12K so want to make sure I do this right, so any help would be appreciated

 

thanks

Ali

[GaryH]

Good. Which court was it? Fast track or small claims?

 

Here's what you need;

 

a) Your schedule;

 

b) Your statements showing the charges. Alternatively the list of charges which the bank provided under your S.A.R - (Subject Access Request);

 

c) A statement of evidence

 

d) All the statutues and case law on which your claim relies. Ie, UTCCR's, UCTA's, SOGA, case law, etc. You'll find all of this in the Basic Court Bundle

[alimehmet]

Good. Which court was it? Fast track or small claims?

 

Here's what you need;

 

a) Your schedule;

 

b) Your statements showing the charges. Alternatively the list of charges which the bank provided under your S.A.R - (Subject Access Request);

 

c) A statement of evidence

 

d) All the statutues and case law on which your claim relies. Ie, UTCCR's, UCTA's, SOGA, case law, etc. You'll find all of this in the Basic Court Bundle

 

Hi Gary

 

It was fast tracked at Edmonton Court Court.

 

thanks for the heads up

 

cheers

Ali

[Will Scarlet]

GaryH - there has been mention in the first few pages of this thread that one of the "cons" of using this new AQ strategy was if you were applying contractual interest. I am at AQ stage with Lloyds (SC&M) and, would be keen to speed the process up if at all possible. I am applying contractual interest (have not applied for CCA as well but should probably have requested this in the alternative, not sure if I'm too late for that...) and, in my schedule, have applied 26.4% to each charge for the number of days it has appeared on the account being their current unauthorised borrowing rate. The logic behind this was to try and make calculation and in turn explanation more simple. A reference was made to Haydn's case in an earlier post on this thread and I would be interested to read more, especially if contractual interest was not awarded / thrown out etc. I'd like to read more but am struggling to find a link, any chance of a leg-up? Thanks.

[GaryH]

Sorry, I'm not actually aware of Haydn's case TBH.

 

I would'nt overly worry - just make sure your schedule is accurate and up to date.

[Will Scarlet]

Gary - thanks for your comments. My schedule is certainly accurate and up to date. Should it, for any reason, become an issue that the CI rate used is not accurate through the full 6 year period of the claim it would be very simple to re-submit using the precise rates that prevailed at the time of each charge. I had simply chosen the current CI rate to try and make things less complicated. I do remember someone posting last year after a CMC. I believe all claims due to be heard at the CMC had been settled in advance, save one and, in that particular case charges had already been refunded and it was only the interest that was being defended. If I remember it had been averaged as opposed to being exact. I'll PM the person who made mention of Haydn's case in the first place and see if I can dig up some more info. Thanks again.