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    • Fig. 5: Account Status Codes for Current Accounts Explained 0 Your account is in credit; your account is not overdrawn; you are managing your account within the terms of your agreement. 1 Agreed repayments are one to two months behind; your overdraft balance has been greater than your overdraft limit for one to two months; cheques, direct debits and standing orders may have been bounced to keep the account in order. 2 Agreed repayments are two to three months behind; your overdraft balance has been greater than your overdraft limit for two to three months; cheques, direct debits and standing orders may have been bounced for a second month to keep the account in order. 3 Agreed repayments are three or more months behind; your overdraft balance has been greater than your overdraft limit for two to three months; cheques, direct debits and standing orders may have been bounced for a third month to keep the account in order. 4-6 Agreed repayments are more than three months behind but you have agreed new repayments with the lender to bring the account in order. 8 Your overdraft balance has been greater than your overdraft limit for more than three months and you have not agreed new repayments to bring the account in order. The lender has decided that you have broken the terms of your agreement and has told you that your account is now in‘default’; the lender has closed your account. U Your account has just been opened; your account is more than three months old, has a zero balance and has not been used in the last month.
    • Para 4, ICO technical  guidance on the filing  of defaults at CRAs   4 It is an accepted industry standard to record only serious ‘defaults’ with credit reference agencies. The term ‘default’ on credit reference files is used to refer to the situation when the relationship between the lender and borrower has broken down. A record showing a series of payments as six months in arrears when this does not reflect the real payment history should not be used as an equivalent of a default. Where a code is used to describe a default or variation in payment, it should always be accompanied by an explanation in plain and intelligible terms which informs the reader of its meaning. 
    • I read this morning that ‘a cabinet minister’ has complained that over 70s are being contacted before all over 80s have been vaccinated.  It’s beyond all sense to me that a vaccination programme should be slowed or halted for any reason except safety.  I accept there’s a pecking order and we’d like to adhere to some notion of fairness where possible but this is a pure numbers game surely.
    • Even if a county court case is issued against you and you loose if you pay within 28 days it dont go on your credit file and also its cheaper to go to court becasue the £60 is never allowed so it would be £200 if you loose £230 if you dont go to court.
    • The government is being scrutinised over trade deals with countries with poor human rights records? View the full article
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

New strategy for Allocation Questionnaires


Please note that this topic has not had any new posts for the last 3823 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

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Thank you

If you have used the new strategy, was it successful?  

80 Caggers have voted

  1. 1. If you have used the new strategy, was it successful?

    • Yes - the draft was made into an order
    • No - standard/other directions were ordered


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Hi Gary

I have completed the AQ N150 (almost). In the witness section I have entered my sons name but it then states witness to which fact what do I put? Or do I not put his name in at all. I must sound really dim. I was just going to put charges taken

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I put 'witness to the facts of the claim'

 

I think something along those lines is fine,

 

HTH

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Their solicitor.

 

Thanks for the reply Gary - I really appreciate your help - Should I also send a copy of the draft order & schedule of charges with the copy of the AQ to the solicitor also?

 

Cheers muchly in advance :)

links to my current claims ...

My claim - Yorkshire Bank Visa

chezt V RBS Mastercard

Chezt v RBS Joint Account

chezt v Abbey Credit Card

 

Settled ...

chezt V Duet Card/Creation Finance

chezt v's Studio Cards

chezt v's Littlewoods Catalogue

 

Next ...

Abbey Joint a/c & Single a/c

Barclaycard (Mine & Hubby's)

Anyone else I can think of ...! :rolleyes:

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If you are going to send them the AQ, then yes, you should send its attachments also.

  • Haha 1

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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If you are going to send them the AQ, then yes, you should send its attachments also.

 

Thanks gary ... will sort the copies 2moro ... tried to click u again mate but it says I've gotta spread myself about a bit first ... I'm really not that kinda gal! :oops:

links to my current claims ...

My claim - Yorkshire Bank Visa

chezt V RBS Mastercard

Chezt v RBS Joint Account

chezt v Abbey Credit Card

 

Settled ...

chezt V Duet Card/Creation Finance

chezt v's Studio Cards

chezt v's Littlewoods Catalogue

 

Next ...

Abbey Joint a/c & Single a/c

Barclaycard (Mine & Hubby's)

Anyone else I can think of ...! :rolleyes:

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:D;)

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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hi gary is it fine to use this stategy for mortgages and for claim of 13k can i still suggest it goes to small claims. thanks

I can't see any reason why not, and yes, you can still request small claims. http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires-4.html#post456381

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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I have a 2nd claim against Abbey currently in court. I sent the draft with the AQ and I have been notified by the Court today that they have issued the order. There are a couple of alterations to my proposed draft

1. the time limits are extended to 28 days

2. the requirement below has been excluded

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.
- strange as I thought the defence seemed to include this part

3. two extra requirements

a) the original documents should be brought to the hearing

b) the courts must be informed immediately if the case is settled by agreement before the hearing date

 

The hearing date is set for 14 March

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Looks like you're on the last lap. You'll probably get the loot before the end of February.

 

Great stuff!

 

Westy

Westy

 

 

 

If you like my post, click the scales!!

 

Nov 1 2006 Preliminary letter

21 Feb 2007 - cheque arrived for charges+DEBIT interest +Statutory Interest! Hurray!

Read all about it: natwesttookmymoney - v- NatWest

DONATE AS MUCH AS YOU CAN TO KEEP THE SITE GOING.

 

What can you claim? Vampiress has a good idea:

http://www.consumeractiongroup.co.uk/forum/general/69877-what-can-you-claim.html

Anything I say is just a suggestion. I'm a bigmouth, not a lawyer!

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Excellent, thanks for posting that joneshousehold, its good to get some feedback on whether or not judges are agreeing the order or not.

 

The d) part of the order is'nt relevent anyway as Abbey defend on the grounds that the charges are a pre-estimate.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Thanks, all support gratefully received. In the first claim I baulked at all stages but this time round I just don't care anymore! The banks are hopeless and will probably make a mess of it. That's why I now have a 2nd claim - these are the charges levied whilst the last claim was going through the court stages.

Fools! Did they really think I would just give up? In the words of Vic and Bob 'You just wouldn't let it lie'

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I'm also filling in my AQ, and intend to go along with the 'new strategy' in this very helpful thread.

 

I have one query though. I have an N149 as my claim is just over £3k (v Barclays). This means the claim is, by default, allocated to the Small Claims Track, doesn't it?

 

In which case, why does all the advice on wording for Section G start with a request to have the case allocated to the Small Claims Track? I can see this would be pertinent to an N150, but why the need to ask for this on the N149 - I mean, isn't the case automatically going to be heard in the Small Claims Track? Or is there a chance it might not be?

 

I'm sure it doesn't make a difference to the process, but I want to make sure I understand why I'm writing or asking for anything before I go ahead.

 

Many thanks in advance.

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A claim below 5k would generally be heard in the small claims track, but not automatically, no.

 

There are other factors that the judge would consider besides just value, such as case complexity, and whether their are contentious points of law, etc.

 

There have been a couple of claims for well under 5k which have been multi-tracked, and claims well over 5k that have been allocated to small claims. I think it definately pays to expressly request allocation to small claims and set out why, rather than just assuming it will be becouse its under 5k.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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I hope I'm not being rude jumping on this thread to ask my own question....from the excellent content here I think I might get a useful reply!

 

I submitted my AQ in November, and have an allocation hearing on 23rd Jan. The reason for the hearing is:

 

To consider the extent to which disclosure of the defendents charging regime s required to achieve a just and proportionate outcome to this action and whether the small claims track is the appropriate track having regard to CPR26.8 © & (g).

 

So my questions:

 

  1. Am I okay to suggest the judge consider a draft order of directions to address the disclosure issue? How do I do this? Do I need to write a letter and hand it over?
  2. Does anyone have any thoughts or comments on CPR26.8 c (the likely complexity of the facts, law or evidence) or g (the importance of the claim to persons who are not parties to the proceedings)?

Regards all

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The way I interprit this, is that the judge is considering ordering disclosure, and fast or multi-tracking your claim. I read this as saying that if you want full disclosure, you probably won't be able to stay in small claims. In view of 26.8(g), I think perhaps being put forward as a test case is also a possibility.

 

I think you should argue strongly for the small claims track and propose the draft order, as an alternative to full disclosure. There's an excellent post by Zoot which I'll try and find for you which summerises the main arguements for allocation to small claims.

 

EDIT - found it! - http://www.consumeractiongroup.co.uk/forum/barclays-bank/35043-ade-steph-jack-barclays-2.html?highlight=jack#post436020

 

A couple of questions too if you don't mind;

 

- which bank is it?

- which court?

- and what did you put in section G of your AQ, was it the standard disclosure request from the templates library?

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Does anyone have any thoughts or comments on CPR26.8 c (the likely complexity of the facts, law or evidence) or g (the importance of the claim to persons who are not parties to the proceedings)?

 

Suhari - I am no expert but I would think that under g) above if it went fast or multi-track it would set precedent (which surely someoone must do at some stage) Precedent would I think clean out the whole nonsense that the courts are clogged up with and would effect all lenders not just your defendant

So there could be a danger at some stage of costs - on the flip side if the lenders are held to be hiding behind the court process (intimidating people top drop out) then there is an argument for punitive damages (a court might consider £millions would be appropriate) -

 

Warning no one else on this site has taken up the cry for punitive damages yet - so maybe Im being daft but I think this is exactly what they are for see

http://www.lawcom.gov.uk/docs/lc247.pdf

 

As Lord Diplock said in

Broome v Cassell,

 

To restrict the damages recoverable to the actual gain made by the

defendant if it exceeded the loss caused to the plaintiff, would leave a

defendant contemplating an unlawful act with the certainty that he had nothing to lose to balance against the chance that the plaintiff might never sue him or, if he did, might fail in the hazards of litigation.

http://www.consumeractiongroup.co.uk/forum/mortgage-companies/53089-fnc-ge-money-erc.html

21/12/2006 SAR

Next Step 31/1/2007 - Prelim / S.A.R Enforcement

http://www.consumeractiongroup.co.uk/forum/mortgage-companies/55694-fnc-c-g-erc.html

21/12/2006 SAR

13/1/2007 - Prelim

Next Step 27/1/2007 LBA

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/55692-fnc-lloyds-tsb.html

21/12/2006 SAR

Next Step 31/1/2007 -Prelim / SAR enforcement

http://www.consumeractiongroup.co.uk/forum/other-institutions/55784-fnc-better-half-nationwide.html

20/12/2006 Prelim with Schedule and SI £640

5/1/2007 LBA with revised schedule CCR £867

Next Step 20/1/2007 CLAIM

PC World - Refund Faulty goods Preliminary Letter 13/01/2007 - Consumer rights are getting addictive

 

Don't get angry get even:D

 

 

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Suhari

 

i thought i was going mad until i realised that you had double posted, may i suggest that you only post the quesiotns once, otherwise it makes it hard for people to keep track of whats going on, and it may make it harder for you too since people will make comments on one thread without the benifit of whats going on in the other.

 

I hope that there as some 'useful' comments on your original thread

 

HTH

 

Glenn

 

PS if you dont ge ta response after a day or so then the best route is to post a link to your thread and ask if somoen can have a look for you.

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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A couple of questions too if you don't mind;

 

- which bank is it?

- which court?

- and what did you put in section G of your AQ, was it the standard disclosure request from the templates library?

 

Thanks for the comments.....

 

Its Abbey

We're going to Statford-on-Avon County Court

Section G did include the standard disclosure request.

 

Apologies for the double post!

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Just to let other know that I followed this new strategy and submitted AQ with draft directions on 03/01 (deadline was 06/01) and today recieved Notice of Allocation to Small Claims Track and directions as per draft.

 

I do however have a question. I am unsure of which Statement of Evidence to use since the defence I recived from Barclays does not make reference to service charges or pre-estimate.

 

The defence recived is here: http://www.consumeractiongroup.co.uk/forum/barclays-bank/36692-peter-rabbit-barclays-2.html#post445686

 

Any suggestions - Thanks Peter - http://www.consumeractiongroup.co.uk/forum/barclays-bank/36692-peter-rabbit-barclays.html

PETER RABBIT V BARCLAYS Settled in Full 05 March 2007

 

 

 

 

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Hi Suhari,

 

Do as I posted above - prepare to argue that your claim should be heard in the small claims track.

 

Also propose the directions as per the draft order. These directions were recently ordered in a case in the mercentile court in a bank charges claim. I'm trying to obtain a scan of the order with the claim number which you can present to the judge and respectfully suggest that in the interests of consistancy it is appropriate that he also make the order - as opposed to a standard disclosure order.

 

In the event your claim gets allocated to any other track but small claims, request that costs are dealt with on a small claims track basis - as was the case in the Mercentile claim I mentioned above.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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GaryH

 

Many thanks for your suggestions. I plan on spending some time Thursday getting my thoughts and documentation together, so will no doubt have some further clarification questions then.

 

In the interests of clarity, and since my issue isn't really related to the core of this thread, I'll post all further questions etc on my thread in the Abbey forum:

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/25082-abbey-defending-claim-advice.html#post488105

 

Cheers

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The new strategy WORKS!

 

(Not that I doubted it would;-) )

 

Tomorrow is the deadline for submitting AQ's, mine is in. Arrived home to a full settlement offer from SC&M on behalf of Lloyds, for £4740.03

 

Presumably they rightly cr*pped themselves at the draft order I attached to their copy of my AQ.

 

Thank you Bankfodder & Gary H:D

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