Recieved Cobbets AQ what to do now !

[arma]

Hi all

recieved Cobbetts AQ today, will be delivering mine in person monday to the court.

What do i need to include with my AQ to the court ? i have added this into the section G part of the AQ form

 

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.

 

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.

 

 

Is this all i need to send with my AQ ?

Should i include my working out of what the bank owes me as well ?

Should i include my polite refusal of their offer of settlement letter ? The bit where i say that i am willing to accept your offer as a partial settlement and will persue them for the rest. ?

 

What the hell is gonna happen next !!! ?

 

starting to get a bit worried now what if it does actually go to court, i have downloaded the court bundle but i cant make head nor tail of it. Me thinks i am gonna need some help here.

 

Arma

[Michael Browne]

Also in G you can request this Direction Order:

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html#post441555

 

I respectfully request that the issue the attached proposed Direction Order

 

Include your schedule.

[arma]

Thanks for the reply, but i am well confused !

I take it the schedule is my working out of what the bank owes me ? thats no problem i got that, the same ones i have sent to cobbetts.

Do i just send the syuff for previous cases of penalty charges from the court bundle ?

 

The AQ has to be at the court no later than the 16th, i was hoping they would settle before i had to pay the other £100 but i have recieved ther AQ this morning 12th.

I realy hope i have done it all corectly.

 

Is there anything i really need to do to make sure this work out ok for me ?

 

Arma.

[Michael Browne]

Do i just send the syuff for previous cases of penalty charges from the court bundle ?

 

 

No.

Go here and print out the Directions Order in post #2

New strategy for Allocation Questionaires

 

Then in section G on your AQ put:

 

I respectfully request that the court issue the attached proposed Direction Order

 

and attach the Direction Order to your AQ

[arma]

Hiya thanks for the reply

 

one more question... do i leave it saying "Draft Order for Directions" or change it to " Order for directions" or "Proposed order for directions", at the top of the sheet i send with the AQ.

 

I take it its the nat west who is the defendant and not cobbetts and i am the claimant, silly question but i wanna be doubly sure i dont mess anything up

 

Arma

[Michael Browne]

Certainly leave it as Draft or Proposed, you don't want the judge to think you're telling him how to do his job.

 

Yes you are the claimant, which makes Natwest the.......

[arma]

Chhers Michael you are a good un to be sure

[arma]

Do i send Cobetts a copy of the AQ i am sending to the court with the draft direction order thing ? and schedule again ?

[Michael Browne]

Do i send Cobetts a copy of the AQ i am sending to the court with the draft direction order thing ? and schedule again ?

Yes, the Direction Order should give them something to think about

[arma]

OK Michael done all that and paid my £100, how much longer do you think this could go on for as my nerves are starting to get a little frayed now !

 

I understand i will need to prepare for the court if they do go to court and that seems to be pretty likely now. I have downloaded the court bundle and had a scan through it but it does not make much sense to me, who are the best people on here who can prepare me for this ordeal if it actually comes to a court hearing !

 

I sent the Proposed direction order and gave 14 days to produce the evidence of what they have taken in penaltys etc. This 14 days statement will that be 14 days from when the court reply to me or 14 days from now?

 

I have printed copy of what they took and on what dates and the reason they took it as printed on the statements ( the schedule ) I also have the original statements showing these details. I also have the letter of offer for their settlement ( which i declined ) and my letter to them of my reason for declining and would accept it only as part payment of what they owe me.

 

Is there anything else i would need ? i am asking because i am getting very very worried now it would be just my luck if it did go to court, so i had better keep you guys informed as to what is going on and hopefully get some coaching and pointers of what to do next !

 

Arma

[Michael Browne]

This 14 days statement will that be 14 days from when the court reply to me

Yes assuming the judge agrees to issue it and , of course, he might not. Depending on how busy the court is, you may not hear from them for some time. It's likely that Cobbetts will agree to settle before that.