New strategy for Allocation Questionnaires

[GaryH]

Edited, thank you.

[jharrod]

No probs

It's just me being my usual detailed self.

 

I keep thinking to myself that if my mate hadn't referred me to this site, I would never be on my way to getting a nice birthday present from Barclays :grin:

[Will Scarlet]

I used the new strategy on a case against Lloyds recently and had a letter from the court today asking me to attend a pre-trial review. Does this mean the draft order has been declined?

[GaryH]

I already answered that, Will. Here - http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires-31.html#post668632, and in the post directly below.

[TUTTSI]

There is a surprise GM did not respond and deal with their response to the Judges directions by 19/3/2007. In accordance with those Directions I have today requested that their defence be struck out and have requested Judgement. I have also asked for costs to be added, see if the Judge will agree. Once I have the Judgement, I will instruct the BAILIFFS.

Also, Barclays only have till tomorrow, so next week it will be their turm for Judgement.

DS

 

Gary, can you advise me on this, when I phoned the courts last week on my GM claim, the clerk said all I had to do was write in and they would grant the Judgement against the Defendant as they had failed to comply with the Jusges Directions. Today, I phoned to check on my Barclays claim as they also have not responded to the same directions and the clerk today said that I need to complete a form to obtain the judgement. I have just downloaded N225, but this does not fit the criteria. The Judge has stated quite categorically:-

 

' if the Defendant fails to comply with this order the Defence will stand struck out without further order and Judgement be entered for the claimant for the sum claimed'

So do I just write in or do I have to fill out a form!! and if so which one!

Any help you can give me would be very much appreciated.

DS

[GaryH]

So the defence has'nt actually been struck out yet then? If not, send this letter - http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires-14.html#post535117, also enclosing a copy of the original order.

 

You should then recieve notice that the defence has been struck out. At this point you can request judgement by submitting form N225.

 

In fact you may not even need to formally request judgement - the judge may well grant it at the same time as striking out the defence.

[TUTTSI]

So the defence has'nt actually been struck out yet then? If not, send this letter - http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires-14.html#post535117, also enclosing a copy of the original order.

 

You should then recieve notice that the defence has been struck out. At this point you can request judgement by submitting form N225.

 

In fact you may not even need to formally request judgement - the judge may well grant it at the same time as striking out the defence.

 

Thanks Gary for that, this letter is along the same lines which I sent last week for the GM Card, as I did not know about your letter when I did it. The problem was today when I phoned the courts the clerk said I need to fill out a form, this was conflicting with what I had been told last week by a different clerk at the court when I phoned re GM Card. I will use your letter for Barclays, as it states the civil proceedure rules which my previous letter did not have.

 

Well the Judge did say he would give a Judgement so I see no reason why he would not after all the BANKS, both have not shown their hand and given evidence to support their defence and neither have they offered settlement up to now.

DS

[GaryH]

Yes, I would'nt panic about it. The terms of the order are clear, if the bank don't comply they're struck out, so that is what will happen. It takes a while for the file to go to the judge, then come back down for the order to be processed, etc, etc. Plus the courts are snowed under, so there is bound to be a delay becouse of that. I should think you'll get the order through fairly soon.

[dancingjohn]

Sorry to maybe go over old ground but I want to be double-certain.

 

My AQ has to be completed by 9th April but I'm off abroad for a week on Friday so have to submit thursday.

 

1) I've printed and attached the suggested "other information" section containing the lines about "The Claimant respectfully suggests that special directions may be made as per the attached draft order.........."

2) I've printed the Draft Order for DIrections and attached that too

3) I'm photocopying the AQ and sending this and copies of the above attached to ABbey's defence team

 

IS THIS ALL CORRECT PLEASE!!!!!!!!!!!!!!!!! MAny thanks:rolleyes:

[GaryH]

Thats spot on. Let us know what response you got, and enjoy your holiday!

[N#1N#2]

GaryH

 

Quick question is it right or just curtious (spelling) to send a copy of the AQ and drafts to the defence team??? As I did not

 

I did not recieve a copy of the defences AQ when they submitted there's

 

But hopefully will hear from the courts this morning and will see if they have followed the draft orders or not

[maxine989]

Gosh Garry, you've certainly been busy on this thread... looks as though you are inundated with questions and new people seeking some help every day.

 

Are you sure you're not a secret multi-tasker?

 

I was just wondering... Am I right in thinking that I have to wait until I hear from the court regarding the draft order that I attached to my AQ before sending anything in? The courts are snowed under and it seems to be taking a lot time to get responses or court dates through.

 

I'm just double checking that I wasn't supposed to do anything until I hear from the court??

 

Keep up the good work.

 

Maxine

[DSM]

I think you are right, Maxi. I think the courts are snowed under. I posted my AQ to both - it will be 28 days tomorrow! Is this usual, because most threads I've read seem to indicate a couple of weeks.

 

Help! Anyone:idea:

 

Dee

[dancingjohn]

Thanks Gary - I'll keep you the forum posted of developments.THANKS

AGAIN. DONATION TO FOLLOW ON VICTORY DAY!!!

[Delboy01]

OK I have received my AQ N150 form.

 

Question

 

1. I can d/l the pdf version, fill it in and not use the original ? I only need 1 for the court and perhaps a copy for me???

 

2. Claim is for £4384 plus £789.07 stat interest Total £5173.07 I can still request Small Claims?

 

3. Section C I have exchanged letters and schedule of charges not sure what to answer to what part here ( I am reading the AQ guide but still not sure what to put)

 

4. Section F I want to go the new route here. I take it I print out the new directions Can someone point me to the correct link for this?, on a seperate sheet, and enter "see attatched" in section F? Also is that ALL i do with Section F?? Nothing else??

 

4A. The bank failed to provide details of any refunded Charges under the DPA AS REQUESTED!! So only 1 or 2 of the claimed charges may have been refunded but still claimed for. Do I point this out to the judge?.. Do I let the bank point this out to the judge so they can deduct said refunded charges from final figure ( I dont keep my statements) NOTE bank has indicated it will settle 3 or 4 weeks before the court date "providing our figures agree"

 

5. Section H Iwill include this

I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

 

However, the continuing problem is (in common with the 100s of other cases currently being brought by other bank customers) that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

 

DO I INCLUDE THIS ALSO...................

 

 

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. I believe this would bring a rapid end to this litigation.

 

Sorry for the many questions But the answers will help me greatly and others.

 

pps im sure I will have a few more before the days out

 

DELBOY

PPPPS What is the Small Claims Mediation Service and does it apply to me and is it an avenue worth pursuing???

 

 

 

[GaryH]

GaryH

 

Quick question is it right or just curtious (spelling) to send a copy of the AQ and drafts to the defence team??? As I did not

Yes, and if you are proposing directions then you should. I've recently discovered that case management proposals on the AQ should ideally be agreed with the other party first, or if not feasable (as its not in our case) at least sent to them. This is why I've recently added the bit to put in actual section G.

 

I would'nt worry if you have no longer got a copy, its not the end of the world by any means, but if you still have a copy you should send it.

Gosh Garry, you've certainly been busy on this thread... looks as though you are inundated with questions and new people seeking some help every day.

All in a days work!

Are you sure you're not a secret multi-tasker?

Er..... no, I don't think so!

I was just wondering... Am I right in thinking that I have to wait until I hear from the court regarding the draft order that I attached to my AQ before sending anything in? Yes - don't send anything in untill the court orders you to The courts are snowed under and it seems to be taking a lot time to get responses or court dates through.

I know - there's not alot you can do about it unfortunately

I'm just double checking that I wasn't supposed to do anything until I hear from the court??

No - apart from making sure you know whats required for the next stage

Keep up the good work.

Thank you, will do!

Maxine

 

OK I have received my AQ N150 form.

 

Question

 

1. I can d/l the pdf version, fill it in and not use the original ? I only need 1 for the court and perhaps a copy for me???

The PDF is fine, no need to use the original if you don't want to. In fact I always use the PDF as it looks more professional

2. Claim is for £4384 plus £789.07 stat interest Total £5173.07 I can still request Small Claims?

Yes, you can - stat interest is disregarded when assessing the value of the claim for track allocation purposes. See this post - http://www.consumeractiongroup.co.uk/forum/first-direct/44132-damjef-fd-2.html#post653231

3. Section C I have exchanged letters and schedule of charges not sure what to answer to what part here ( I am reading the AQ guide but still not sure what to put)

Yes, you have followed the general pre-action protocol

4. Section F I want to go the new route here. I take it I print out the new directions Can someone point me to the correct link for this? see post #2 of this thread! on a seperate sheet, and enter "see attatched" in section F? Also is that ALL i do with Section F?? Nothing else??

Section F just put "see attached draft order"

4A. The bank failed to provide details of any refunded Charges under the DPA AS REQUESTED!! So only 1 or 2 of the claimed charges may have been refunded but still claimed for. Do I point this out to the judge?.. Do I let the bank point this out to the judge so they can deduct said refunded charges from final figure ( I dont keep my statements) NOTE bank has indicated it will settle 3 or 4 weeks before the court date "providing our figures agree"

Hang on a minute, are you telling me your claim is estimated? If so, DO NOT use the new strategy!!!! You'll have to provide statements, or other evidence that the charges have been made, under clause b) of the order - if its an estimated claim you will not be able to fulfill this and your claim would be struck out!

5. Section H Iwill include this

I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

 

However, the continuing problem is (in common with the 100s of other cases currently being brought by other bank customers) that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

 

DO I INCLUDE THIS ALSO...................

 

 

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. I believe this would bring a rapid end to this litigation.

 

Sorry for the many questions But the answers will help me greatly and others.

 

pps im sure I will have a few more before the days out

 

DELBOY

 

PPPPS What is the Small Claims Mediation Service and does it apply to me and is it an avenue worth pursuing???

That section H is not correct for the new strategy - use the section H from post #3 of this thread instead.

 

However, if you cannot use the new strategy becouse your claim is estimated and need to go down the conventional route, then what you posted is what you should put in section H.

 

Mediation is a waste of time in these claims - the banks won't mediate unfortunately, they'll just see it as a further opportunity to delay and frustrate your claim.

[Delboy01]

Thnx Gary

 

The claim is from the full schedule of charges they sent

 

When I did not receive the full info requested I sent this

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated 22.12.2006 The disclosure of personal data is incomplete in that at least the following documents are missing.

 

1) You have failed to provide a complete list of transactions and charges.

2) You have provided no details or documents relating specifically to any Charges made on my account by yourselves subsequently refunded by yourselves.

3) You have provided no notes, or documents relating to instances of manual intervention.

 

This is not an exhaustive list by any means, it is just an example of some of the information I am missing.

 

Followed by this

 

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request . The disclosure of personal data is incomplete in that at least the following documents are missing.

 

 

1) You have failed to provide a complete list of Charges made to my account THAT YOU HAVE SUBSEQUENTLY REFUNDED

2) You have provided no notes, or documents relating to instances of manual intervention.

 

This is not an exhaustive list by any means, it is just an example of some of the information I am missing.

 

Both were DPA non Compliance letters.

 

If I still have to go down the old route, What do I do with Section F in that case? IE proposed directions is there a link plsOther than that all sections should be filled in as you have suggested?

 

TA

 

DELBOY

[GaryH]

So, they sent you a full list of each charge in response to the SAR? If so its fine to use the new strategy.

 

Which bank by the way?

[Delboy01]

Yes they did Gary eg type,, dateincurred, date applied, charge amount, transaction amount, available balance, for each charge.

 

I tranferred these all over to make my Schedule of Charges which i have been sending to them copies

 

So Its go the new way then Gary? deffo?

 

Its the Woolwich

 

Thankyou once again for your invaluable and stress releiving help.

 

DELBOY

[GaryH]

Yes, in that case its absolutely fine to use the new strategy. Remember to use the passage from post #3 in section H, rather than the SD request as you posted above.

[Delboy01]

Just so I have this right

 

For section F I print off post#2 in full and state it as attached in section F

 

For Section H I print off post #3 in full and do the same as above but in H

 

Sorry to be precise Gary

 

TA DELBOY

[N#1N#2]

Does it make any difference if you do not send a copy of the AQ and direction to the Banks when you submitt them to the court.

[jharrod]

Hi bjberry

 

Look at my claim thread starting from this post: http://www.consumeractiongroup.co.uk/forum/barclays-bank/45185-jharrod-barclays-2.html#post674352

 

I too am at the AQ stage (I'm sending the relevant documents off this evening when I get home) and you should find my progress useful for how to proceed next.

 

Just for reference, you not not have to send a copy to the bank but it's always worth doing everything you can in order for the claim to be successful.

 

Good luck with your claim!

 

Cheers

 

J

[GaryH]

Attach this;

You -v- Bank Plc

Claim No:*******

 

 

 

N149/N150 Allocation Questionnaire

 

 

 

Section G/H - other information

 

The Claimant respectfully suggests that special directions may be made as per the attached draft order.

 

If ordered, the Claimant believes the proposed directions will further the Overriding Objectives in that they identify the most fundamental issues in dispute (as detailed below), and allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously.

 

- The crux upon which this claim rests is the actual loss suffered 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 Unfair Terms in Consumer Contracts Regulations 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 contractual service (which is refuted), 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.

 

The Claimant believes that if the Defendant has the serious intention of defending this claim at trial as is indicated by its defence, that it is incumbent upon it to disclose such information. Further, the proposed directions are already routinely ordered in claims of this nature in the Mercantile Court in London, as well as in small claims track cases in Leicester, Derby, Chesterfield, Northampton and Mansfield County Courts.

 

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 this claim be allocated to the small claims track, and estimates that the hearing of the claim should last no longer than one hour.

Then attach the draft order.

 

Then write this in section H;

Please find the following attached to this allocation questionnaire;

 

1) Section G - other information

2) Draft order for directions

 

This allocation questionnaire and its attachments were sent to the defendant on **/**/**.

No need to actually write anything in F - just tick the box that says you've attached draft directions.

 

Sorted?

[GaryH]

Does it make any difference if you do not send a copy of the AQ and direction to the Banks when you submitt them to the court.

I answered this a few posts ago - #648

 

If your proposing directions you should really send them to the other party, and confirm that you have done so on the AQ. Its not likely to make any difference though in all honesty, and you're under no actual obligation to send the AQ to the other side.