Help please with AQ

[charlie14]

Hi

Can anybody help me - just filling in my AQ and wondering what info to put in Section G. Shall I use the "new" AQ info or the "old" AQ info or leave it blank?

 

My claim is for £3000 and I am planning to attach my schedule with the additional 8%.

 

 

Help please?

Thanks

[olly83]

Hi Charley

Am in the same position as you - am a bit confused about this new format as it looks as though it is being recommended as an attachment to allocation questionaire.

Sorry not any help solving your problem but thought you may appreciate the solidarity!!

Olly

[Coyotesj]

Hi

 

Sorry for such a stupid question but what is an AQ, is it allocation questionnaire, and what is it for?

 

I am in the process of a claim on behalf of my boyfriend and got confirmation this morning that Barclay's entered a defence just before midnight last night, yesterday being last day they were able to enter one by the way!

 

I am now in the process of using the Basic Court Bundle section on the website to get all the bits together.... do I need an allocation questionaire too.... really confused at the moment with all the legal stuff any help would be really appreciated

[sue]

the allocaton questionairre is waht you send next to the court with the details of your claim and the court fee.

There is a thread on this site which tells you exactly what to put in each box and you can even fill it in and print it out and then just sign it.

[olly83]

Coyotesj

Am at the same point as you. The last day Barclays could enter a defense was Sunday but as it wasn't a working day was given till Monday evening. They apparently submitted a defense on Friday 16th. I have received my Allocation Questionaire (AQ) today with Barclays defense (see my thread Here We Go!!! posted today). You will get that in the next couple of days. Don't worry there are lots of people here that can talk us through the process whatever happens.

Olly

[Coyotesj]

Thanks for the support! I will keep an eye on your thread olly83. I am getting a bit scared cos when I claimed my charges from Halifax it didn't get this far before they coughed up, think Barclay's are trying to drag everyone of these claims out as long as possible so they can continue earning money from our money, Grrrrrrrrrrr!

[TANZARELLI]

Hi

Can anybody help me - just filling in my AQ and wondering what info to put in Section G. Shall I use the "new" AQ info or the "old" AQ info or leave it blank?

 

My claim is for £3000 and I am planning to attach my schedule with the additional 8%.

 

 

Help please?

Thanks

 

Hi Charlie,

 

In section G you need to either add this if using the old AQ method:

 

"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".

Or if using the new draft order for directions then add this and attach the Draft Order for Directions to the AQ:

The Claimant proposes the attached draft order for directions, for the courts due consideration. If ordered, the Claimant believes these directions will allow the overriding objective's to be furthered in that they will fully identify the most fundamental issues in dispute (as detailed below), and allow them to be assessed so that this claim may proceed justly and expediously.

 

The crux upon which this claim rests is the true cost incurred 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 UTCCR 1999 and common law principles established since the early 1900's.

 

In the event that the Defendants charges were accepted as being a fee for a service (which is denied), 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.

 

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

Firstly you need to decide which you are doing.

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

I would recomend the new Draft Order personally but its up to you.

Hope that helps

Tanz

[charlie14]

Thanks everybody for your input!

I decided on the old version and tweaked it a bit but doesnt seem (reading the threads) that it makes a huge amount of difference as Barclays will just protract everything and take as long as poss.

I think now I wait for their AQ which will obviously be sent in at the last possible moment then the courts will set a date or throw it out.

 

Anybody know what Bristol County Courts are like???

 

Coyotesj and olly83 - let me know what happens?

 

Did anybody see Watchdog last night and apparently there is a prog on ITV1 on Friday - moneysavingexpert.com who is looking at it all.

 

Cheers

[charlie14]

Tanz

After all that blurb I forgot to say a huge thank you - hopefully it will help some others but it would be good if the library could be updated!

 

Cheers

[TANZARELLI]

EYE agree, and no probs.

[olly83]

Hi Charlie

I decided to go with the new version. Will be interesting to see the effect, if any, on Barclays cough-up timescale of the added pressure if the new draft order is implemented by the judge. By all accounts they will settle just a matter of when. However the resurgence of publicity informing people of their right to reclaim unfair charges in the wake of the announcement of huge profits by the big four could put courts under enormous pressure (not to mention the banks litigation departments!!). An interesting few months ahead!

Will watch your thread with interest

Olly

[charlie14]

Hi Olly

Read your thread last night - will keep this one updated and as you say it will be interesting to see if it makes the slightest bit of difference!

 

Interesting to know what other people are putting - any comments anyone?

Cheers

[mamatemi1]

Filed on Tuesday. I thought I would have a go at sorting the AQ this weekend, just to be prepared. I really don't want to mess it up so I am reading for hours day and night!

[mamatemi1]

p.s.

 

I think you guys are all wonderful thanks for sharing and all the help.

[Coyotesj]

Hi everyone

 

Recieved my allocation questionnaire on Friday and have been reading with interest the "new" version for part G of the N149, taking it in tomorrow!

Even though using this in is a bit scarier than using the "old" version I have decided to go for it as Barclays are starting to get on my nerves with their lack of urgency!

 

As olly83 mentioned above it will be interesting to see if it speeds up the timescale of when Barclays are settling...... just in addition I read that some courts have ignored the draft order, does anyone know which courts they are , mine has been allocated to Liverpool County Court any help will be really appreciated...

[TANZARELLI]

Good on ya Coyotesj.