New strategy for Allocation Questionnaires

[Falcom]

Congratulations another victory!

 

Peter

[chezt]

FANTASTIC NEWS!!!! I sent my draft order with my AQ & the deadline was almost 2 weeks ago ... just awaiting a hearing date myself so let's hope mine will be over before it gets that far then eh!

 

congrats on your victory

[Fullyskinted]

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.

 

Nice one!!!

 

I cant see Barclays caving in the same way tho - mine went in yesterday and a copy to Barclays too...

[TANZARELLI]

Result downsouth,

 

Enjoy the dosh.

 

Tanz

[buzzbaa]

sorry to be so thick, must be the mind numbing from my job as a driving instructor. Ahhhh!!

 

But is it a case of sending the new strategy AQ that ive copied/pasted, changed details of claimant/defendant/court/claim no.

 

And attatch it to the AQ

 

Thanks All

[GaryH]

Copy and paste it and print it off exactly how it is apart from changing the XXXXXXX's to your own details. http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html#post482191

 

There is also an explaination in the post underneath.

 

Also send a copy of the AQ and the attached draft order to the banks solicitors.

[kennyh]

Regarding #79 from Deathlord about all of this applying to ERCs. I don't recall seeing an affirmative on this- if someone could confirm I'd be grateful (we're after Nationwide (in one of their akas) for £10k+change). N1 is in so I'm just anticipating some huffing on their part.

[GaryH]

I'm not sure to be honest. Zootscoot should be able to tell you - try raising it in the mortgage forum.

[kennyh]

Thanks Gary - will do

[chezt]

received my notice of allocation to small claims this morning - states the hearing should take no longer than 1hr 30 mins & each party shall deliver to every other party & to the court office copies of all documents on which he intends to rely at the hearing no later than 14dys b4 the hearing. .. no mention of draft order details tho ... does this mean the judge hasn't ordered them or would the order arrive in a seperate document?

[GaryH]

The judge hasn't ordered them I'm afraid chezt. Shame, the indications so far have been that most judges are - this is the first one where they've been ignored. Don't worry about it though, it won't effect the final outcome of your claim as such, it just means you'll have to wait longer before they're forced to show their hand.

 

When is the hearing set for?

[Guest peed orf]

"The Claimant shall within 14 days of service of this order send to the Defendant and to the Court"

 

Is "service" when the court tells you to do it, and not 14 days after posting?

[GaryH]

14 days from the date on the courts order I'd have thought.

[chezt]

The judge hasn't ordered them I'm afraid chezt. Shame, the indications so far have been that most judges are - this is the first one where they've been ignored. Don't worry about it though, it won't effect the final outcome of your claim as such, it just means you'll have to wait longer before they're forced to show their hand.

 

When is the hearing set for?

 

Bugga!! Thought that was the case! The hearing is for 23rd March so it's time to re-read on all the court hearing/bundle stuff I can find in preparation. This is for my claim against Littlewoods catalogue BTW.

 

Also, I only realised yesterday I never sent the copy of the draft order to LW solicitors ... do you think should I bother now?

[GaryH]

No, don't worry about it, its not really relevant now as they weren't ordered anyway.

 

Are you ok with the evidence you need to provide? Everything from the court bundle, plus you can still use the statement of evidence from this thread plus its supporting documents. Did you post their defence on your thread? Post a link to it if you like and I'll have a quick look.

[chezt]

No, don't worry about it, its not really relevant now as they weren't ordered anyway.

 

Are you ok with the evidence you need to provide? Everything from the court bundle, plus you can still use the statement of evidence from this thread plus its supporting documents. Did you post their defence on your thread? Post a link to it if you like and I'll have a quick look.

 

That's wot I thought - oh well saved a stamp! I'll let you know if I am/aren't ok when I start gathering! I did read what was neede etc a while ago so need to go back through it ... there's help in the template library isn't there?!

 

here's a link to the 'epic' defence reply ...

 

http://www.consumeractiongroup.co.uk/forum/other-institutions/41146-chezt-littlewoods-catalogue-3.html

It's post #51 ... thanks for that Gary!

[craigten]

Hi Gary,how are you? Let m,e firstly say how very very impressed i am with your knowledge on these matters, you are a fantastic help! However, could you please,please help me? I am at the stage where i have to fill out the N149 form,now i have ticked the relevant boxes but i am now at the 'G'stage,i have printed off the 'Draft order for directions', what i need to know is do i simply attach it to the 'G' section or do i also add the 'I respectfully request 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 whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred.

Accordingly, the claimant proposes the attached draft order for directions, for the courts due consideration.

I estimate the hearing of this claim will last no longer that one hour' bit aswell???? Im slightly confused you see!! Please, please can you reply to me at [email protected] I am new at this and have never posted a thred before but im trying to learn quickly!! All the best-Craig

[GaryH]

Hi Craig,

 

Attach the draft order to the AQ and add that paragraph to section G.

[craigten]

Many,many thanks to you my friend!!! i will keep you updated!! All the best-Craig

[craigten]

Ps- Do i still have to send payment??

[GaryH]

If your claim is over £1500, then yes - £100. Its recoverable upon settlement though.

[chezt]

Did you post their defence on your thread? Post a link to it if you like and I'll have a quick look.

 

What did you think to the defence Gary ... You can answer in my thread if u like as I've posted the Q their too

[Nyati]

I received an allocation questionnaire for my S.A.R - (Subject Access Request) claim to be returned to court by the 31st of January. I have also just received a Notice of allocation of Hearing (listed with other cases) to take place end of February at the local county court. It says

 

"The District Judge will wish to investigate whether any of the cases can be settled. He willalso wish to determine a)Whether it is desirable and in the interest of justice for more than one case to be heard together. b) What documents & factual & other evidence should be before the court on the final hearing and c)Whether any case/ cases can be tried as a 'test' case subject to the interests of both sides and all other relevant matters and if so on what terms as to the legal costs and otherwise"

 

Should I still send the AQ back.

 

Barclaycard (Defendent) have also written attaching their defence and also asked which statement dates I wanted and whether I still wanted copies.

 

I have requested advise on completing section G of my allocation questionnaire and I haven't yet got any advice.

http://www.consumeractiongroup.co.uk/forum/barclaycard/58904-help-urgently-needed.html

 

Should I respond to Barclays and will I not be undermining the court by doing so.

[barclaycharge]

Im sending off my AQ today, I have filled out section G with the below paragraph and have also attached the Draft Order.

 

'I respectfully request 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 whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred.

Accordingly, the claimant proposes the attached draft order for directions, for the courts due consideration.

I estimate the hearing of this claim will last no longer that one hour'

 

Do I need to take photocopies of all of these and send a copy to Barclays Soliciters?

 

Also, on the Draft Order for the claiment it states:

 

"The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:"

 

Does this mean the documents need to be sent to Barclays and the court 14 days after me sending the AQ (today) or is it 14 days after the court gets back to me confirming they have accepted the Draft Order?

 

Any help would be appreciated.

 

Thanks

[Glenn UK]

14 days form the date of the order and yes you shoulnd send copies of the AQ to the defendant

 

HTH

 

Glenn