Mick V Capital One

[doo]

Thanks Uk, correct me if I am wrong but basically it helps the judge to decide on allocation and the amount of time to allow for the hearing.

[ukaviator]

You are correct doo. . . it is an opportunity to give the judge all of the details ahead of time. He or she would be able to allocate the case to the right track, and see if there are any special directions needed when it goes to court. It would be a good idea to add a directions letter to your AQ for the judge to consider.

[MickKane]

Sorry for sounding stupid, I feel I know what an allocation questionaire is but whats a directions letter

[MickKane]

Is this a directions letter to send with allocation questionaire:

 

In the XXXXXX County Court

Claim number XXXXXX

 

 

 

 

 

 

Between

 

 

XXXXXXXX - Claimant

 

 

and

 

 

 

XXXXX - Defendant

 

 

 

 

 

Draft Order for Directions

 

 

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

• a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made;

• b) Copies of any statement or other document relied upon as showing that each and every charge has been made;

• c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;

• d) Copies of decided cases and other legal materials to be relied upon.

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

 

 

2. The Defendant shall within 14 days thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed;

• a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;

• b) Whether such charge is accepted to be a penalty, and if not why not;

• c) If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was;

• d) If such charge is not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable.

• e) Any witness statements.

• f) Copies of decided cases and other legal materials to be relied upon.

If the Defendant fails to comply with this order, the Defence will be struck out without further order

[doo]

Thanks UK - I will do this, would be appreciated if you could keep an eye out on my thread - I'm ok at the moment but feel I may need help a bit later, there is a link in this thread on post number 68.

 

Sorry mick for quick hi-jack, there certainly is alot to get your head round, have been reading and reading today

[MickKane]

Can anyone tell me if the post 2 above is the directions letter you send with your AQ thanks

[doo]

Mick, yes this seems to be the one but I'm sure uk will confirm later.

[MickKane]

Hi Doo just checked my balance and its been cleared, whoo hooo, will they send me the other £800 pound by cheque, got to get off to work now so speak soon

[doo]

Great news Mick, am really pleased for you, no more worrying about any more forms. You will I am sure get the balance sent down by cheque. Now, who are you after next?

[ukaviator]

Hi Doo just checked my balance and its been cleared, whoo hooo, will they send me the other £800 pound by cheque, got to get off to work now so speak soon

 

Congratulations. . is this full and final settlement?..

 

Uk

[MickKane]

Thanks Doo, doing LloydsTSB now, yeah I think its a full and final settlement, they have cleared the card which was £689 and I rang them to ask when I would recieve the reminder of what they owed me which is about £800, said they had sent out a cheque yesterday and that I would get it in about 14 day, I take it I dont cancel the court action until I recieve the cheque.

 

It took exactly 21 days from there letter of acknowledgment to them clearing my card, which is what the you all thought it would take between 21-28. Thanks for all the help everyone and I will be donating and hanging around to help where I can.

 

Dont know what I would of done without this site but now I know what I do hopefully I will be able to give a bit help to people who were like me a couple of months ago.

[ukaviator]

Well done Mick. Keep the action with the court open until you receive your cheque. Glad it's nearly over.

 

Uk

[MickKane]

Yeah I will do UK, got a letter today confirming they will be sending me a cheque and that for me to contact the court so not to waste there time, what a cheek, will wait to receiving the cheque first though

[MickKane]

ok recieved my cheque today so thats everything paid back, will wait till it has cleared and then send off the letter to the court stopping further action, thanks again everyone

[doo]

Good to hear Mick, leaves you free to concentrate on other claims

[davidscullion]

Did your settelment include the money you paid to file your claim? IM almost at this stage and am just wondering.

 

Thanks

[MickKane]

yeah david i got the court costs back aswell, how far along are you?