Allocation Questionnaire ***WON***

[Will Scarlet]

Mim - good luck with that. Whilst you must be ready and prepared to go to court it is unlikely in the extreme that your case will get that far. I had a chat with my bank manager yesterday who, having asked me never to quote him on it, agreed that "retail banking" (high street banking) had completely messed up by automating their systems so much. In the good old days if you went over your limit your bank manager would have your file on his desk and he'd give you a call and try and sort it out (manual intervention). Nowadays you don't even get a letter and the process is so highly automated that, in increasing their profit margins, they have left themselves open to the refund process. Happy Days! Stick with it and if you need help just shout.

[mimward]

Thanks Will.

Just out of interest how long does it take before you hear if the judge has accepted the draft order for directions? I took my allocation questionnaire in on the 19th March, but in a previous thread "the 3 roses" said it took about a week before they heard from the bank.

mim

[dickydido]

Hi Gary, I have downloaded and printed an online version of the AQ but now cant find the link. I have been reading loads of posts from all sorts of people but I think the link was on one of yours. If it was you could you please post it? and if it wasnt you do you know where I can find it. Many thanks and also to all of you luuurrvely people helping the likes of me who doesn't know her AQs from her URRLS ( whatever they are!!!!)

[GaryH]

Here you go, here's the N149 - http://www.hmcourts-service.gov.uk/courtfinder/forms/n149_1105.pdf

[mimward]

Hello again

I have now received a Notice of allocation Hearing which will take place on the 20.4.07 at Kingston Court

5 minutes has been allocated for the Allocation Hearing. On the back of the notice is another letter which basically says that the district judge has decided a hearing is necessary before a final decision about allocation can be made. I am ordered to attend (which I am happy to do) The case has been listed with other similar cases. I think he is dealing with Lloyds in one block.

Then it says "This would be subject to any representations by any of the parties involved in such cases proposed to be dealt with together that he should do otherwise" Does this mean as long as none of us object to being heard at the same time?

The judge wants to see if any of the cases can be settled, also to see if it is desirable for more than one case to be finally heard with other cases, and if so which. what documents and evidence should be heard, whether any should be tried as test cases.

The court will not hear from any witnesses as to the facts of the case, but will be giving directions for the final hearing.

Has anyone else had one of these?

Does this mean my draft request has been ignored?

Any comments would be appreciated.

mim

[BARTY]

Hi

Info on Allocation Hearing on this link:

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

 

Barty:)

 

 

 

 

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html I WON!!!! :D

If I have helped, please click my scales:)

[GaryH]

The judge will attempt to get the parties to agree to settle every claim there and then - at least thats what happened in the last batch of allocation hearings at that court.

 

In the link Barty posted for you, there is a link to "Stan1 v Lloyds" - he had a block listed allocation hearing a while ago at the same court with the same judge, you'll find some useful info in his thread. Stan1 is actually very helpful and won't mind answering any questions you may want to ask him.

 

The draft wasn't ignored, directions will be decided at the allocation hearing. As I said though, its 99.9% likely to be settled, if not before the hearing then at it.

[Pondfish]

Hi Mimward,

 

Wasn't around yesterday, got your PM this morning.

 

Looks like Gary H has answered your questions

 

I doubt if Lloyds will bother to turn up, but if you need any further advice please post again.

 

Pondy

[popcrash1974]

Mines at 10.30 at kingston court and im claming against abbey. just received letter today too, was a bit shocked so quick!

[mimward]

Will see you in court then !!

I wonder if different banks will be in the same hearing? I would have thought there would be different hearings for different defendants. But maybe not.

What documentation are you taking?

mim

[Pondfish]

Hi Mimward / Popcrash,

 

Good luck for the 20th - will be looking to see how you get on!

 

Pondy

[popcrash1974]

Cheers, you had any word from your bank Mimward? if not......

 

 

 

"Hi all,

 

Abbey's cheque arrived today.

 

I have spoken to the court and let them know. They advised me that I don't have to attend, just to fax them that the payment has been received and that we will only withdrawl the case once the funds have cleared into our account.

 

Popcrash, Call Inga Kirkman on 0207 756 4332 at Grabby. She sorted out my payment."

[paul283]

Hi

 

I got my refund after I sent my AQ in and as far as I know Lloyds didn't, as I said we got the letter from Lloyds a week after we had returned our AQ wilth full settlement. I attached the following draft for direction in my AQ

 

 

In the #### County Court

 

 

Between

 

 

 

 

 

 

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

 

 

• 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

Again make sure you can comply with the order before sending! It basically means that they have to disclose a full account of how they make up their charges before you get to court and obviously they don't want to have to do that!!! It is instead of asking for full disclosure and the judge is more likely to send it out. I found all this on the website in the court section. Good Luck.

Hi did you put this in the section which sys reasons for counter claim?

[the3roses]

Hi

I put it in on a seperate letter and referred to it in section G - Other Information. I think there is a link previously on this thread which will take you to all the info about the allocation quesionnaire. You need to put some other info in this section as well.

Good Luck

x

[mimward]

Hello all

an update for you.

Went to court yesterday, and although Lloyds had sent a letter saying they would not be attending, someone was there representing them. The judge was very nice and very much on my side. He was not happy with lloyds that they had not settled with me. Conversation went a bit like this:

Judge - why hasn't this been settled?

Lloyds - We are requesting full disclosure and direction for order.

Me - I have also requested Draft order for directions in my allocation questionnaire.

Judge to Lloyds- so are you really trying to tell me you don't know how much you have charged her? don't you have records?

Lloyds - bit flustered - well we do have records but we are seeking clarification from the claimant as to how these costs are calculated.

Me - I have provided spreadsheets detailing the charges I am disputing. I am only disputing the Overdraft Excess Fees , not normal account charges or interest.

Judge to me - May I see the copies of your correspondance to the bank?

(so luckily I had taken all my court stuff with me and had copies of everything.)

Judge to me - and did you receive confirmation from the bank that they had received this information?

Me - No I have only had limited correspondance from the Bank and none from their representatives despite contacting them on several occasions. However when I saw the Banks defense the final sentance refers to the fact I was requesting bank charges over 6 years which were statute barred. I took this to mean they had reviewed my spreadsheets and had picked up on a charge I had included which was over the 6 year time period.

Judge - That is a perfectly reasonable view to have taken, and I completely understand why you would think that. any reasonable person would think the same, however in this case Lloyds use a standard defense which they use for every claim irrespective of the different case. Therefore this does not necessarily mean you have input anything incorrectly on your spreadsheets.

Judge to Lloyds - In my opinion you are not contesting liability here are you?

Lloyds - mumble swerve

Judge - But you are not contesting the liability of this claim - merely the calculations of Mrs Ward-Jacobs, and now she had supplied the details of her calculations here in my presence I am witness to the fact Lloyds have now been served with the necessary informaion and that you can now proceed with settlement.

Lloyds - I shall forward this information to my client, and will proceed.

 

The case has been adjourned to the 25/6/07 but the judge expects us to reach settlement prior to this date.

The Lloyds man was actually very nice as he can see both sides of the case, so we went together for him to take copies of my spreadsheets. He told me off the record they are settling all claims, and that lloyds will not want to go back to court on the 25.6.07 as the costs are too high for them. Also they do not want mine to turn into the "test case".

He also said they will never admit liability which was what the judge was trying to imply) becase that would open the floodgates of claims.

So in theory I should hear from Lloyds within the next few weeks with a settlement offer. I feel like holding out for the full amount plus court fees and costs which is now over £4k. As they have put me under a lot of stress, and going to court is not really a nice experience. Its so alien to my usual sphere of life.

Anyway futher update as and when I hear from Lloyds.

Mim

[John72]

Hi Mim

 

Well I suppose that's a victory isn't it? I'm still really bemused as to why LTSB even let their representatives attend court when they then do not reasonably defend their position. Why don't they simply pay up well before it gets anywhere near court?

 

John

[Michael Browne]

Excellent result!! Good for you!

 

Went to court yesterday, and although Lloyds had sent a letter saying they would not be attending, someone was there representing them.

A lesson for us all, to never let your guard down.

[Pondfish]

Hi Mim,

 

I'll second Michael Browne's praise, and i just want to say i think you handled that brilliantly. Hope i can perform like that, if i have to step in to court soon.

 

Your a star, and your reward is on it's way. Happy days!

 

Pondy

[mimward]

So its been a while and I have had absolutely no contact from Lloyds.

My next court date is this Monday (25th June at Kingston again), and although I'm apprehensive because the previous judge said he didn't expect to see me again, I'm pretty fed up with Lloyds.

All I have had is a letter from a new firm of solicitors representing Lloyds, saying they are now handling the case. They are very friendly when I call them, but with 2 working days before the next court date, I think it doubtfull I will get a settlement letter from them in advance. They say this is because Lloyds have not "got their act together".

But I wonder if they are spinning me a yarn? And when I get to court I will have a battle on my hands?

Any comments gratefully received!!

Mim

 

This means another lost morning from work for me.

Any suggestions?

I intend to be more prepared this time, get my spreadsheets and photocopies in good order.

[nbizzle]

hi mimward i recieved my AQ yest but unsure what to put in other info- i put in this case shoould last no loger than 1 hour as instructed on a link from here but dont understand all this talk of draft etc could u run me through it pls bud

[Will Scarlet]

So its been a while and I have had absolutely no contact from Lloyds.

My next court date is this Monday (25th June at Kingston again), and although I'm apprehensive because the previous judge said he didn't expect to see me again, I'm pretty fed up with Lloyds.

All I have had is a letter from a new firm of solicitors representing Lloyds, saying they are now handling the case. They are very friendly when I call them, but with 2 working days before the next court date, I think it doubtfull I will get a settlement letter from them in advance. They say this is because Lloyds have not "got their act together".

But I wonder if they are spinning me a yarn? And when I get to court I will have a battle on my hands?

Any comments gratefully received!!

Mim

 

Lloyds (and SC&M) are definately in turmoil. I had a couple of cases on June 7th and settlements were faxed to the court 10 minutes before the PTR started. Lloyds did not even attend. I am convinced this delay was due to inefficiency as they had contacted the court that morning, prompted by a call from me the day before, claiming they had never received notification from the court of the PTR and could it be adjourned. They then faxed a letter 10 minutes later that was supposedly written and sent to the court on the 1st June offering settlement inj full, on both cases, including contractual interest.

The icing on the cake came 3 days later when someone from SC&M called hoping to settle one of the cases that they had settled three days earlier!

I'm glad SC&M aren't on my side!

 

Whilst the above is my experience, make sure that you are fully prepared to go to court and comfortable with the reasonings behind the "No its not a fee for a service" argument just in case they do turn up for a ruck! And don't forget those T&C's !!!!

[charledl]

Hi

Thank you for asking the question about the info to go into section G I am also at this stage and I would like to take mine to the court on Monday one question should I also put in about the stay (asking the judge not to award a stay?)

[nbizzle]

This has threw me off abit i cant figure out exacty what difference it makes addin this draft thingy me jig!! and also once i add that to AQ Do i wait for response or send spreadsheet with my charges on to bank/court HELP HELP HELP!

[mimward]

had a phone call late yesterday, offering to settle.

Email followed shortly after with the offer in writing. A bit short of what I was asking for but they have included my court fees.

Now I know I'm entitled to ask for extra compensation (expenses, loss of earnings going to court, parking !!) but I can't be bothered.

So have agreed the amount with Lloyds.

Need to contact the court today, and then wait for them to credit my account.

So hopefully the end is in sight.

mim

[nbizzle]

well done