When you have filed your AQ................

[siena]

Don't worry, sometimes they disappear in heavy traffic. They will be back.

[lateralus]

there's a quip there - just can't find it - must be bath time!

[nettyg]

i'm not sure but i think it's system overload - 1300 people on after the program. hoping they'll be back on tomorrow - don't think i could take the stress of doing it again!

 

test drove a couple more today and have gone back and got excellent deal on a fiesta. reg starts with YY07 - that cool??? i like it! get it friday!

 

wicked!

so pinky and perky will both be out on the open road in new automobiles - how splendid is that?:grin:

[lateralus]

funny part is - this morning walking out for a paper - i came back and told o/h there is a line of cars at the junction and 12 in a row are silver - i don't want a silver car - guy at ford place came up with an excellent deal - really good! had to take the one available - yep, blue!

no, actually it was silver. it will grow on me!

[lizvp]

i just noticed! where did pinky go? or are you perky?

oops, that sounded rude!

 

yeah, the programme tonight seems to have enthused a few people!

 

a friend in the computer industry tells me that the banks just dont have the infrastructure to deal with the amount of complaints they are receiving. so it may well be that more and more people will be reaching the AQ stage and well beyond, simply because the banks cant cope!

 

and i rather get the feeling that we are the tip of the iceberg.

[nettyg]

no i don't suppose they've ever encountered such a revolt in their entire banking history - justice will prevail!!! lol

[lateralus]

yes, and did you hear where they've gotten ruthless in the last 6 months and it's going to get worse - that's what that one guy said.

perky, keep close, i'm scaaaaaared!

[harvest]

Thanks Latts you're a star

 

Just seen your reply on my FD thread...I've adapted your letter for post (recorded) tomorrow.

 

Yes - I'm gonna take the money and run.

 

As soon as they agree the court fee and I have confirmation the money's in my account I'll be a very happy man.

 

I'll then make my donation, get the Mods to put a 'WON' notice on my thread title and lurk around like a bad penny 'til I get the courage to make a claim against NatWest from 1988-1997

 

Thanks again young lady.

[lateralus]

you are most welcome!

[lateralus]

siena - found my quip equip again - 3 days late!

hope they didn't get run over!!!!!

 

anybody gets this is going to be my favourite person of the day!

whoppee-do!

(a person after my own distorted heart!) - bet it's crusher or netty

[lateralus]

hey, lattie, anything you can do to bring this thing up where i can find it when i want it?

love, pinky

 

 

answer: yeah, this!

[lateralus]

ok, new development - regarding aq's

matt had reached the defense filed stage and instead of getting an aq to fill in - received this instead:

 

 

 

Originally Posted by matt220781

My girlfriend is currently trying to claim her charges back from HSBC and we are at the stage that HSBC have filed a defence.

 

We have received the Notice of Transfer of Proceedings and with this is another sheet of paper saying that

 

1. The filing of an allocation qustionnaire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise.

 

Is this normal? What should we do now? Do we need to send anything to the court.

 

Yesterday we sent an updated charges spreadsheet to DG Solicitors. Do we need to send this to the court as well?

 

 

and this response from livelylad.

 

Hi ok we are seeing this more and more regarding the AQ.

I'm not 100% certain but I think this is because the system is overloaded with claims. This is a way of shortening the process. As the judges know that the banks are settling before the get to court.

 

Send copy the spreadsheet to the court with your claim number on.

__________________

 

 

so, i'm reading into this that it would be a good time to send dg a prodding letter and have put one on post number 1 of this thread - i've also asked a few of the thinkers what this does to the new strategy. will get back with what they say.

 

here is a letter i think could be appropriate if you receive one of these letters dispensing with the aq.

 

any discussion?????

 

 

A NEW LETTER AS OF 31 MARCH;

Apparently, due to the high volume of cases coming into the court, the courts have, in some cases, decided that an allocation questionaire won't be necessary. While this is good as it means the judge will act more quickly - it also gives us an excellent opportunity to prod DG in my mind. Not sure as yet what it means to the new strategy - i'll be back with more info.

So, if you are a recipient of one of the letters telling you that an aq won't be required - I think you should then send DG this:

 

 

DG Solicitors

12 Calthorpe Road

Edgbaston

Birmingham

B15 1QZ

 

Re: XXXXX - v - HSBC

account no,

claim no and filing date(mcol).

 

It has come to my attention that as of xx/xx/07, ( date of the letter from the court) an Allocation Questionaire in this case will not be required.

 

I am mindful of the vast number of claims with which you are currently dealing. In order to more speedily resolve this matter, I am willing to accept the sum of £xxxx. (rounded down to nearest pound-keep this as your full amount including interest, charges and court filing fee). I do not agree to waive my rights in respect of any other actions, nor do I agree to a clause of confidentiality.

 

I hope to hear from you very soon so that a reasonable conclusion to this claim might be achieved. I am sure that the courts would approve of our settling this matter in a timely manner and without their further intervention.

 

For your records, I enclose another copy of my schedule of charges. I look forward to hearing from you.

 

Sincerely,

 

any thoughts?????

[caro]

You could suggest that you will are willing to reduce the claim by the amount of the banks actual costs, although you will need to see how these costs are calculated.

[nettyg]

nice letter lats.... i just suppose it will depend on how busy individual courts are in dealing with these claims?

[lateralus]

well, yes, and the letter seems to leave it open to the judge to require it or not - i'm just wondering - in those cases - where does it leave the new strategy or any strategy for that matter. just thought it might be a good time for a letter - but can't see why dg won't just prolong it longer with no aq deadline to meet - or not meet.

[nettyg]

i see what you mean.... again, it just seems to buy them plenty more time grrrrr....!!

[Castlebest]

It won’t be up to DG, the Judges will set a court date knowing the banks will settle before that date.

It should cut out all the extensions to deadlines messing about we are getting now and if DG don’t sort out their act by the court date and make an offer it will be a straight strike out of the defence when they don’t show at court.

Will mean we have to produce the court bundle and it will be a bit of an arse clenching day for those that DG don’t sort and have to go to court but should be worth it. A straight strike out will mean you can get the bailiffs in to recover your cash

Don’t think HSBC will allow the present messing about to continue once the bailiffs have been into their branches a couple of times.

pete

[rhsymonds]

Hi all, Im new to this so please forgive me if i seem retarded, reading over 1000 posts will do that to anyone !!!

 

Id just like to know why i havent been sent an Allocation Questionnaire ?

I received notification of transfer to my local court, but the MCO/northampton judge stated that:

 

Without Hearing It is ordered that:-

The filing of an allocation questionnaire be dispensed with in this case, unless the district judge at the court of transfer orders otherwise.

 

I remember reading that claims under £1500 are small claims, and mine is only about £1300 (not including interest, £1700 including interest and fees) but what do i have to do now ?

 

Do i have to contact the court or is everything going to carry on as normal ? If i have no questionnaire, how will they know my intentions ?

Will i be given a court date automatically, or do i have to request one ?

 

Everybody else seems to recieve an AQ ?????

 

Thanks so much to all of you, id be a shivering wreck without this forum.

[Castlebest]

Rhsy, its a new tack the courts seem to be taking, with the standard system (defence and AQ) the solicitors were dictating how the courts handled things and wasting a lot of court time and effort trying to keep tabs on cases that will never get to court anyway.

The judges appear to have now dispensed with the AQ and defence and are just setting court dates because they know these cases will never reach the court room and settlements will be offered before any court date is reached.

If you don’t get an offer just turn up to the court and hire a bailiff after because you will have won.

The Judges aren’t silly and they don’t like people using them or the system they work within to their own ends, this looks like a good thing from our point of view at the moment because it should force the banks to honour their legal liability without all the stupid game playing but it does mean you may have to make a court visit now if DG drop the ball.

[lateralus]

rhsy, why not start your own thread so we can find you again.

you may want to see this - i'm trying to move the discussion to this thread:

New---after 28 Days - Maybe No Aq!!!!!!!

[Micheyboo]

Ok, I filed my AQ last Friday 30th March, deadline was 31st March. I called the court today and HSBC have not filed theirs yet.

 

I will write an email to ask whether they will issue an "unless order" for DG to file their AQ. Hope this is right?

 

My AQ includes the Draft Order for Directions. Can the judge still order this even if the Defence has not filed their AQ or will the judge wait till this is done first?

 

I'm just trying to figure out timescales.

[lateralus]

yes, they can.

as for what to do - give dg a week after the deadline - then ring the court to see if they have filed.

then send the nudging letter in post 1 - tweak it to whatever you want to say - but it just hopefully moves dg along a little. an offer is still the best option - if only they get off their axxx and send you one! good luck - nearly there!

[lateralus]

pmtwicsi (putting my thread where i can see it!)

[givememymoney]

pmtwicsi (putting my thread where i can see it!)

 

Have you had too much sun already today Lattie!!!!!????

[lateralus]

at least i don't have to look myself up in search!