New strategy for Allocation Questionnaires

[dickeggsy]

quick update.

received letter this morning which states.

1 the sum of £4220 paid in full and final settlement

2 voluntary stay of execution pending payment

3write to court withdrawing claim

4 consent to default judgement set aside.

 

just got to sign the letter and consent form and bingo i have done it.

if anyone is reading this and is worried or has any doubts at all believe me if i can do it anyone can do it.it has taken me six months to the day and many sleepless nights but at last it's over:-)

just follow the instructions you are given on this site and you can't go wrong.

just got to wait for the money and a donation will be made.

good luck everyone hope you all get what you deserve:wink:

and thank you very very much gary and glennuk for all your support and advice.

[progenic7]

quick update.

received letter this morning which states.

1 the sum of £4220 paid in full and final settlement

2 voluntary stay of execution pending payment

3write to court withdrawing claim

4 consent to default judgement set aside.

 

just got to sign the letter and consent form and bingo i have done it.

if anyone is reading this and is worried or has any doubts at all believe me if i can do it anyone can do it.it has taken me six months to the day and many sleepless nights but at last it's over:-)

just follow the instructions you are given on this site and you can't go wrong.

just got to wait for the money and a donation will be made.

good luck everyone hope you all get what you deserve:wink:

and thank you very very much gary and glennuk for all your support and advice.

 

Well done mate you deserve it after the hard graft you have put into it. Go and have a few beers to celebrate (and have one on me...and oh dont forget its St. Patricks day so have another for him)

 

Well done

[GaryH]

Fantastic! Well done Dickeggsy, congratulations!!!

 

Personally, I think I might be tempted to tell them where to stick the consent form, but thats up to you obviously.

[dickeggsy]

lol. cheers guys.

i can't get ****ed cos the missus is working nights and i have to pick her up in the morning.

i have PM'd you gary with the details of the consent order.

just glad wales beat the english in the rugby.

[TANZARELLI]

lol. cheers guys.

i can't get ****ed cos the missus is working nights and i have to pick her up in the morning.

i have PM'd you gary with the details of the consent order.

just glad wales beat the english in the rugby.

 

[maxine989]

You didn't want the Welsh to win they ey Tanz?...

[Micheyboo]

Ok, I think I am pretty clear about the new strategy..... I have got my AQ and deadline to submit on the 31st March. Now I understand I should submit this last minute as close as possible to the 31st, got that. Also that I attach this draft order for directions to my AQ, etc....

 

Is my understanding correct: if the judge agrees with the order he/she will set a deadline as to when to get all the information together on both sides according to the order, this deadline is usually within c.14 days after I submit my AQ?

 

I'm a bit worried as I am off on a 3 week holiday on the 11th April. Bearing in mind I will submit my AQ on the 31st March, I am worried the judge will agree the draft order and than ask me to submit the draft order info whilst I am away. There is a section in the N149 form that asks you whether there is a date that I cannot go to court and I have added my holiday dates. The big question however is: by attaching the draft order am I in effect going to force myself to submit the draft order info whilst I am away? Obviously this cannot be done cos I wont be here so should I bother with the draft order for directions? I need to know general timescales on what happens after AQ is submitted.

 

Also, i'm not 100% sure on this but is the info in the draft order also the court bundle or are they two separate stages?

[dickeggsy]

oops sorry tanz , the excitement of winning my claim got to me.

[TANZARELLI]

oops sorry tanz , the excitement of winning my claim got to me.

 

[munchkin0110]

Ok, I think I am pretty clear about the new strategy..... I have got my AQ and deadline to submit on the 31st March. Now I understand I should submit this last minute as close as possible to the 31st, got that. Also that I attach this draft order for directions to my AQ, etc....

 

Hi I've got an AQ for my lloyds claim which has to be sent in by 3 April. Have just spent a couple of hours reading all the posts in this thread. Have I missed the part which says you should wait until the last minute to send in AQ? Why? I was planning to send mine off on Monday. Should I wait?

[maxine989]

As far as I am aware there is no advantage by waiting until the last minute. You can file it when you want. I usually file mine pretty soon after I received them, just so that I don't forget about it.

 

Maxine

[GaryH]

Yeah as Max said it does'nt really matter. The only possible advantage there could be is that they might settle before you pay out another £100 - this is unlikely though as most banks will wait untill you've handed in the AQ before they even think about settling. In fact handing it in early could perhaps even prompt them into settling, who knows?

[Micheyboo]

Well I have read that filing it last minute gives the banks an opportunity to settle before it is submitted. I plan to write a letter to DG (HSBC solicitors) between now and deadline and basically nudge them into giving me an offer as they will have to pay further costs once I file my AQ, extra £100 cos mine is over £1500.

 

Anybody willing to answer my earlier post about timescales after Draft Order for Directions is sent......

[matt_smith2000]

Hello

 

How long does it normally take for the judge to agree directions, if indeed they do.

 

My AQ deadline was the 4th of March, and I duly submitted with the draft directions etc. I not heard anything from them yet, but i know its with the District Judge, as the Civil Courts have told me so. I just don't want to mess up here.

[GaryH]

Ok, I think I am pretty clear about the new strategy..... I have got my AQ and deadline to submit on the 31st March. Now I understand I should submit this last minute as close as possible to the 31st, got that. Also that I attach this draft order for directions to my AQ, etc....

 

Is my understanding correct: if the judge agrees with the order he/she will set a deadline as to when to get all the information together on both sides according to the order, this deadline is usually within c.14 days after I submit my AQ?

 

I'm a bit worried as I am off on a 3 week holiday on the 11th April. Bearing in mind I will submit my AQ on the 31st March, I am worried the judge will agree the draft order and than ask me to submit the draft order info whilst I am away. There is a section in the N149 form that asks you whether there is a date that I cannot go to court and I have added my holiday dates. The big question however is: by attaching the draft order am I in effect going to force myself to submit the draft order info whilst I am away? Obviously this cannot be done cos I wont be here so should I bother with the draft order for directions? I need to know general timescales on what happens after AQ is submitted.

 

Also, i'm not 100% sure on this but is the info in the draft order also the court bundle or are they two separate stages?

 

Hmmm... It would be a bit of a gamble. Most courts take at least 3 or 4 weeks after the AQ return date to issue directions, then you'd have 14 days from then to provide your bundle as per a), b), c) and d) of the order. Going on that you'd be ok, but it is possible that the order could get issued in a week after the AQ date I suppose, in which case you'd be in trouble.

 

Unless there is someone who'll be at home and can do it for you if need be, I would'nt take the risk if I were you. Just use the standard AQ guide notes.

 

Which court is it? You should also bear in mind that the court may issue these directions on their own initiative whether you request them or not - they are becoming quite widespread now and many courts have started to routinely order them in all charges claims.

[GaryH]

Hello

 

How long does it normally take for the judge to agree directions, if indeed they do.

 

My AQ deadline was the 4th of March, and I duly submitted with the draft directions etc. I not heard anything from them yet, but i know its with the District Judge, as the Civil Courts have told me so. I just don't want to mess up here.

 

Could be anything from 2 - 6 weeks on average, or even much longer - it depends on the court. If the file has gone up to the judge then I should think you'll hear fairly soon.

[Micheyboo]

Thanks Gary, that is a bit of a worry I see the reasoning behind the Draft Order so the banks are also forced to disclose their charges in more detail etc.... so I figure I want to include it in my AQ.

 

My court is in Lambeth, just round the corner from me actually.

 

I will get my draft order info together before I leave and get somebody to open my post while I am away and hold onto the stuff. If it is due when I am on holiday I'll just get them to hand in my stuff for me. I assume there isn't further paperwork/forms to fill in with the Draft Order stuff once the judge asks for it??? It's just a case of getting the stuff together with cover letter and handing it over to the court right?

 

Like you said if some are ordering this without people even asking for it anyway I better just be prepared for it.

 

I have decided to write to DG (HSBC) anyway before the AQ deadline to nudge them into giving me an offer, so I am hoping they do.

[GaryH]

I assume there isn't further paperwork/forms to fill in with the Draft Order stuff once the judge asks for it??? It's just a case of getting the stuff together with cover letter and handing it over to the court right?

No more forms, you'll just need this if/when the judge orders the directions as per the draft;

 

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

 

Just put it all together in a bundle with a short covering letter at the front marked clearly with your name -v- HSBC and your claim number, then just get someone to hand it in to the court within the specified timescale. Remember also that a bundle has to go to D&G as well as the court.

[joneshousehold]

My thought was that it may be worth including a note with your AQ that you will be away with the dates and ask the court to note that your suggested draft incorporates this. If the judge wishes to alter the suggested order could he also allow a little extra time for you to put together anything that is further required. Does anyone with more knowledge of the court system know if this is possible.

[progenic7]

I think a big shout out to GaryH is in order

 

Gary i see your posts in here day in day out, always with bang on advice regarding court precedure, you are turning into cag's own little CAB centre.

 

keep up the good work mate

[GaryH]

Thank you Johnny, thats very nice of you to say so and coming from you it certainly means alot.

 

Cheers;)

[Will Scarlet]

Hear, Hear! You're a star Gary, thanks for your help.

[Destinyofsouls]

Is the s69 Fee and the court fee taken into account when determining the £1500 fee for the AQ?

[Will Scarlet]

AQ's are usually £100 - where did the £1500 come from?

[bananasplit]

Does anyone have any advice for claims progressing with estimated portions?

 

Due to not finding this site early enough, I only made a Freedom of Info SAR this weekend, im expecting it to take 40 days to arrive.

However I need to submit my AQ this week, which will include three of the six years estimated. Many sites (like the BBC and MSE) were advising this was fine, but I apreciate its not ideal.

 

Should I submit the old request for disclosure rather than this new one to give me time?

Shall I tick the 'stay of one month' box on the AQ to hopefully give me time?

Can I submit a new/amended (non estimated) shedule, claim figure and interest when the SAR arrives?

 

Thanks alot.

Its Barclays at Clerkenwell and ShoreditchCC BTW.