Allocation questionaire help (sorry for the length)

[redkat74]

Hi Fully Skinted

 

It looks as though yours is very similar to mine, although there are some differences. I am not 100% sure on what to put in section G on the

AQ. Mine is due in on the 21st Jan the same, can you give me a few pointers on the section G or is it just similar to what you put with the releveance to my own case?

 

Cheers Red

[Fullyskinted]

redkat

Yeah, from what I know, (not a lot lol) you just use the same template (you could use mine if youre attaching the propsed order for direction) and anything else relevant to your case.

[Bookworm]

4 threads merged, please stay on 1 thread per claim to keep things easier to follow.

[redkat74]

Sorry Bookworm

 

think i might have done it again but will continue on this one from now on.

 

I need help woith the allcation questionnaire N149 think i may have filled it out wrongly in section G. I looked at the step by step and the help section and have written in the info given but my clain is for only 1200k so is this the wrong info to put in? also do i need to add my schedule of charges when io sen this in? I have not refered to it in section g

 

Cheers

[TANZARELLI]

You could try adding this:

 

Also in section G add something like the following:

 

"I am respectfully requesting my claim be heard via 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

or even reflect their actual costs incurred. I am happy to pay their

actual costs and I am surprised the defendant did not counterclaim

for these, as I would have paid them without argument. However,

the continuing problem is (in common with the hundreds of other

cases currently being brought by other bank customers) that the

banks are refusing to reveal the details of their penalty-charging

regime, and that the charges they apply to accounts for exceeding

overdraft limits and so on are entirely disproportionate to the

actual costs the banks incur. As the banks have a fiduciary duty

towards their customers, they have a duty to deal straightforwardly

and in utmost good faith. Accordingly, I would respectfully ask that

the court in this case, not withstanding allocations 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. I have attached the schedule of the charges

I am claiming for to this allocation questionnaire to show a

breakdown of the amounts for the courts perusal.

I believe the case will take no longer than 1 hour".

 

You'll have to write it in quite small handwriting as it only just fits in the space provided.

 

Hope this helps, but it depends if your using the new approach or not.

 

Tanz

[redkat74]

Hi Tanz

 

yes thank i have put that in will add the bit about schedule of charges at the bottom.

 

What new approach? I have seen something but not sure??

[TANZARELLI]

See this thread:

 

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html

 

Hope this helps

 

Tanz

[Laineybelle]

Hi redkat74,

 

I am following your thread with interest as our AQ is on its way to us I believe so we are just a short way behind you.

 

Good Luck

laineybelle

[redkat74]

Hi Laineybelle

 

have sent in my AQ to the court but still not heard anything it had to be in for the 21st jan. Did get a call from barclays debt collections again the guy said on the phone again that i had to make immediate payment to bring my account into order. I explained the situation and said i did not have the money and that it was bascially all charges and interest from barclays anyway. He said that when i had an update about the court case to ring and let them know. why? i dont know why they cannot talk to each other.

 

anyway can anyone tell me how long it usually takes for the court to get back to me about the AQ?

 

cheers

[Laineybelle]

Hi redkat,

 

Glad you got your AQ in safely. I have no idea about exact dates but I do think it takes a few weeks to get a date. I have read that some people do ring their Courts though after a while and have been told once the date is set over the phone. Leave it a couple of weeks then try giving them a call.

 

I have also read on another thread (Welshman is the one offering the advice) about sending a letter in to Barclays basically saying that whilst you can not pay off the whole overdraft you can afford to pay £? a week (even as little as £10) and with the letter include a cheque for the first payment. Welshman advises that you have made a gesture towards paying the debt off and by including a cheque inviting them to cash it and then once they have cashed it they have basically accepted your offer. This may bide you a bit of time whilst the claim is sorted out and may even keep them badgering you on the phone as you are making payments towards it.

 

Did you send a schedule of charges again with your AQ after as I don't understand why we should need to send another one in.

 

Laineybelle

[Laineybelle]

Sorry redkat, just read what I put should be £10 a month not a week!!!

 

It's the fact that you are attempting to pay something that will look good in the Court should it be used by Barclays and should stop them badgering you

[redkat74]

Hi all

 

Still not heard form the courts so will contact them this week, can it get to a situation where i dont know the date if i dont contact the court?

 

just want this to end.

 

Laineybelle thanks for the advice, i think it might be too late to offer any payment scheme to barclays as i have repeatedly told them that i will not be able to sort anythig until the court case is resolved.

 

we will see.

 

Cheers

[Laineybelle]

Hi Redkat,

 

If its easy for you to call I would. From reading other threads (the Leeds Court Case one is very interesting), some people seem to get really late notice on their Court date. A few have literally been days before and then panicked about getting their Court bundles in, in time.

 

I am going to ring the Courts next Friday (that will give them just under 2 weeks) just to check on progress.

 

Good luck

Laineybelle

[redkat74]

Hi everyone just back for an update and advice,

 

I rang the court last week to find out if i had a court date as I hade not heard anything. They told me it was set for the 8th March which was disappointing as I had indicated in the relevant section of my AQ that I would not be available between the 2nd and the 10th March. The court admitted an oversight and said it would be reallocated. I phoned back and was told that nothign had been done as i had not submitted this in writing! So sent a letter that day and am now waiting for a date.

 

Barclays on the other hand have continued to phone me from their debt collections agency but are now just asking for updates on the case situation, which seems odd that they dont talk to their other departments. I received a letter from them today saying that they have cancelled my account and overdraft and I now have to return my cheque book and bank card or they will send agents to collect them??!! the threat of debt collectors i presume. I still have a joint account with them which they cannot touch i think??

 

So currently i am looking to prepare my court bundle and have looked a Jonni2bad's thread about this and good god its 318 pages (the court bundle not the thread) will endeavour to replicate this with my own information. Just wondered if you actually need to include a print out of all the acts and relevant subsections?

 

has anyone gone to the local CAB to ask for legal help with preparing this document or any thing else?

 

wishing it would end

Red

[TANZARELLI]

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

 

Add all your statements, correspondence to and from the defendant and anything else you wish to rely on.

[redkat74]

Success, what happend was, THe courts sent me a date of 8th march which i had put in my AQ that i was unavailable for so I wrote in to have it changed. They set a date of the 23rd March, I went away on holiday 3rd to 10th march i was in france. On the 7thof march i was getting frantic phone calls from barclays. The courts had not informed them of the change of date. So i spoke to Paul Quinn he said that he had sent a letter refunding the full amount claimed. I said great will talk on monday when i was back. Got home got the letter which had a duplicate in it to sign and send back. Now i have been a bit slow in signing and returning this letter. On the monday i was back i check my bank account and the money had been refunding into it so, i just forgot about the whole thing. Today Paul Quinn phones saying that he needs copy of the letter otherwise he cannot release the money. Eh!!!?? stupidly i said that it had already been paid into my account, he was a bit thrown by this and said that that was an error and should not of happened. If only i had played dumb i might of had two payments!!. It seems they just cannot get anythig right. My saga with the Bloody BB has not ended though, i have a complaint in with the ombudsman for about 400quid they took unfairly even though i had used the right of appropriation. And also I am claiming 200 quid in charges and interest which they applies to the account while the court saga was progressing and because i was over my over draft it was something ridiculous like 2.05% per day. My remainig overdraft goes into my debt management plan and barclays have issues a termination notice because the offer of repayment is not enough for them. Oh well we will see where this goes. Anyway stick with it everyone they will always pay up, after announcing record profits this year why would they allow these floodgate to open. Good luck everyone. I will be donating to this site even though i did not get my money in my hand they used it to pay off the overdraft, this site is fantastic and thanks for all the helps. :-):D

[TANZARELLI]

Nice one.