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AQs - Stays & Strike out request


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Nah, to be honest I would'nt worry, although you can if you wish.

 

SC&M won't read it anyway! Its just to make them look bad in the eyes of the court.

 

When the stay period is over and you notify the court make sure you attach the previous letter you sent as well.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Gary, can a request for the bank's defence be struck out on the grounds of abuse of process be submitted even if the AQ's have been dispensed with and a draft order for directions hasn't been sent in?

 

Or if we intend to go this route is it advisable to go the draft order for directions route first?

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/96802-request-banks-defence-struck.html

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Gary

My stay is until 1st July 07 - the court letter then states I should notify them before 16th July if the claim has been settled etc or we must file an allocation questionnaire (does the court send us these)

 

My questions

a) I take it this must be done between 1 and 16th July and not before?

 

b) will I then get a court date and have to start compiling my court bundle.

 

C) What are the chances of Lloyds settling before a court date if I have previously sent them the How to deal with it if a stay has already been ordered letters you advise we sent.

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Claim now at AQ stage, which needs to be filed on Monday, and got a question for anyone to advise upon ?

 

Got a small dilemma here guys,

 

Got to file my AQ by Monday,

On their defence they did manage to find one single small error on my spreadsheet of charges.

The charge itself is still legit, however I had somehow manage to put the date of it down as being one month earlier than it actually was.

Now,this does not affect the total of charges claimed... however it does have a small effect upon the interest charged thereon by myself.

 

Now, can I just put an amended schedule of charges in with my AQ, and bearing in mind that this would actually be bringing my claim total down slightly, I cannot see how they or court could object?

 

Am I right here?

 

How could I go about this?

 

Where on the AQ should I mention it?

 

and any suggestions anyone on how to phrase it?

 

Should I also send the amended schedule by fax to the Solicitors Monday, and state on AQ that they recieved it same day?

 

Should I also send an amended schedule of my own interest charged thereon, bearing in mind that although the amendment will have brought the total claim down a tiny amount, this will be countermanded by the fact that time has passed since, and so interest will have risen again?

 

Or.... should I just not bother?

 

It's only a trifling amount, they ( and presumably the court having recieved their defence also) are aware of it, and I don't see it as being a cause for a call for a strikeout?

 

Or am I soooo wrong !!

 

 

 

Any help anyone ?

 

 

Pleeeeease...... got to decide by Monday !!!!:confused:

 

PM

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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I'll repeat if I may .....

 

Gary, can a request for the bank's defence be struck out on the grounds of abuse of process be submitted even if the AQ's have been dispensed with and a draft order for directions hasn't been sent in?

 

Or if we intend to go this route is it advisable to go the draft order for directions route first?

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/96802-request-banks-defence-struck.html

 

If Gary doesn't know the answer, does anyone else?

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I'll repeat if I may .....

 

 

 

If Gary doesn't know the answer, does anyone else?

 

Gary knows the answer, he has, for whatever reason not responded.

 

I see no reason why not, read post 2 of this thread and combine with an appropriate letter from here:

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/78873-new-after-28-days.html?highlight=dispensed+with+AQ#post695176

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Sorry. I don't get to all the subscribed threads before they slip away lately. If you haven't answered it in 24 hours then it dissapears for some stupid reason!

Gary, can a request for the bank's defence be struck out on the grounds of abuse of process be submitted even if the AQ's have been dispensed with and a draft order for directions hasn't been sent in?

 

Or if we intend to go this route is it advisable to go the draft order for directions route first?

 

http://www.consumeractiongroup.c o....ce-struck.html

Yes, you can still write in with case managment proposals, although they're far more likely to get ignored without an AQ. Its a bit like an application by the back door and without the fee. Here -

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/87766-abbey-abuse-orders-keeping-2.html#post821851

 

Amend to suit and attach the links from post #1.

 

With regards to a formal application for a strike out, as per your other post - yes its certainly a possibility.

 

I've never gone as far as recommending it specifically before becouse IMHO there are some potential pitfalls or drawbacks, as outlined in these posts -

http://www.consumeractiongroup.co.uk/forum/general/77047-srtrike-out-banks.html?highlight=strike+out#post674403

 

I've always taken the view that a formal application would be disproportionate, and that the majority of courts would continue to take the conservetive view and give the defendant the benefit of the doubt.

 

In the last few weeks though we have seen a very large increase in strike out orders of the courts own initiative and and increase in the number of courts making the orders.

 

Its definately coming to a head and actually I'm now starting to think that a formal application to strike out is perhaps becoming an increasingly viable option. This is especially true where there are other factors on top of the abuse angle, such as the breaching of an order, or if the defence does not comply with part 16. In those instances I would certainly recommend applying to strike out.

 

Here's an application 'template' if thats the route you want to go down. If you use it though make sure you amend to suit, and take away section 1. from the part C statement as well as any reference to CPR 3.4(2)©. Unless of course an order has been breached in your claim as well!

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/9556-davidc-lloyds-tsb-2.html#post873257

 

Good luck.

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Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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On balance I think we may just sit it out and wait, despite agreeing that it's coming to a head and that formal applications to strike out the defence are becoming more viable. It currently seems that the judges/courts are themselves beginning the job of stopping the banks using the court process as purely an intimidatory tool and with the problems listed here http://www.consumeractiongroup.co.uk/forum/general/77047-srtrike-out-banks.html?highlight=strike+out#post674769 it probably isn't going to increase the likelihood of a payout nor make getting a payout any easier nor speed up the obtaining of the payout ... possibly even the opposite. And we have no other factors to add to add to an application, just the abuse angle.

 

Probably, in our seemingly straightforward case, by simply being prepared & getting a 'correct' bundle in on time, success should be ours with little or no fuss.

 

Hopefully, at least by prompting this discussion I would have helped someone ... my legal knowledge isn't going to I'm afraid!

 

Thanks again Gary, and thanks Guido too for the response.

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Hiya, I`ve just Received a letter from the County Court and am baffled as to what it means. It says as follows:

 

Before MR RECORDER DOBBIN SITTING AT Sunderland County Court

 

Upon Considering the Claimants Allocation questionnaire

 

IT IS ORDERED THAT

 

The defendant must file an allocation questionnaire by 22 June 2007 and in default their defence and counterclaim, if any, will be struck out and the claimant will be at liberty to enter judgement forthwith.

 

Does this mean that the Judge has struck the claim out and ordered that the bank pay me my money?

 

This has been going on for 5 months now and I was ready to throw in the towel. I`ve sent a letter to Lloyds solicitors requesting that we settle out of court but had no reply so I paid my court costs and of I went. Just awaiting a trial hearing date.

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My order recieved today says "any party affected by this order may under Rule 3.3 (5) appy to have it set aside, varied or stayed blah blah within 14 days. Should I apply for one of these or send an order to sop the defendant putting one in?

Thats the standard wording on all orders made of the courts own motion - ignore it.

 

Hiya, I`ve just Received a letter from the County Court and am baffled as to what it means. It says as follows:

 

Before MR RECORDER DOBBIN SITTING AT Sunderland County Court

 

Upon Considering the Claimants Allocation questionnaire

 

IT IS ORDERED THAT

 

The defendant must file an allocation questionnaire by 22 June 2007 and in default their defence and counterclaim, if any, will be struck out and the claimant will be at liberty to enter judgement forthwith.

 

Does this mean that the Judge has struck the claim out and ordered that the bank pay me my money?

 

This has been going on for 5 months now and I was ready to throw in the towel. I`ve sent a letter to Lloyds solicitors requesting that we settle out of court but had no reply so I paid my court costs and of I went. Just awaiting a trial hearing date.

It means if the bank don't file an AQ by 22nd June then you've won.

 

Have you got a thread?

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Hiya Gary H, Sorry i don`t have a thread, i don`t know how to create one. I`m new to this. Do banks normally put their AQ in by the allocated date asking for a stay? This has been going on long enough.

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If I have been helpful please click on my star and add a comment.

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Hi There, Sorry to butt in, but I have a question relating to the AQ process that I need answering. Have spent most of the morning going through threads but can't seem to find the answer( sorry)....

 

I am claiming £3,800 including interest from Lloyds and am at the AQ stage. I returned my completed AQ to Lambeth County Court on 11/06/07. I included a Draft Oder for Directions ( copied from CAG ) stating that I would send - schedule of charges, copies of statements, statement of evidence an copies of cases within 14 days. I also sent a copy to the solicitors acting for Lloyds.

 

I wondered if I just go ahead and send all the documents, or do I need to wait for a response from the court or Lloyds??

 

Any help and advice would be greatly appreciated!!! Or a recommended thread to read...

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Minnie 2, you need to wait until the judge / court directs the order.

 

And, just to forewarn you, with Lambeth County Court you could well be waiting for many weeks in my experience.

If I've helped, please tick the scales at the bottom left of this message!

 

17th Sept: Found this site! :)

 

Lloyds TSB

 

22 Sept: Subject Access Req.

3 Nov: statements arrived. Charges calulated at:

A/c 1 - £2,178.01 + int of £1,206.54 (18.4% authorised)

A/c 2 - £206.11 + int of £211.07 (18.4%)

7 Nov - prelim.

3 Dec - LBA

13 Dec - £750 offered

23 Dec - £750 credited

28 Dec - rejection letter

2 March - issued

16 April - complained at court failure to forward defence

 

Halifax

 

22nd September: Subject Access Request.

4th November: No reply so LBA giving 7 days.

 

Cap One

 

22nd September: Subject Access Req.

5th October: Letter saying no record of account!

15th October: Replied telling them to try harder...

22nd October: Subject Access Req acknowledged.

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Thanks for all the help. Will stay out of this thread, but just one more question...If you have experience with Lambeth , I would be interested to read it. Do you have a thread?? Thanks Again, I really appreciate it :)

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Hi All and Gary if you are arround, I have to complete an AQ with HSBC business account for my hubby, the defence from D&G has quoted the part of the act which we pacifically did not mention, could I use the format of the Abbey Abuse Order for this type of claim. My Thread is at As V Hsbc I would welcome all the help I can get as we have to complete this document this week.

DS

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Has anyone seen this before??

 

Received general form of judgement or order form "N24" dated 13th June 2007:

 

IT IS ORDERED THAT:

 

1) Stay to 4th July 2007. Parties to file agreed directions order on conclusion of period allowed.

 

For those that dont know; I have submitted an aq, as have Lloyds (late) and I included the draft order of directions....

 

 

Innocent :?

:D CLICK MY SCALES IF I HAVE BEEN USEFUL :D

*

BARCLAYCARD WON £307

*

CAPITAL ONE WON £2.1k

*

NATWEST WON £3.4k

*

LLOYDS TSB CURRENT

Start 26/4 LBA 7/6 conLBA 22/1 N1 12/3 AQ 3/5/07ONHOLD

MORE THAN/ LLOYDS MCARD

Start 2/11 CONTL LBA 15/1/07 NOW RE-RESEARCHING

MONUMENT VISA

Start 1/11 CONTL LBA 15/1/07 NOW RE-RESEARCHING

NATWEST BUSINESS

RESEARCHING

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Has anyone seen this before??

 

Received general form of judgement or order form "N24" dated 13th June 2007:

 

IT IS ORDERED THAT:

 

1) Stay to 4th July 2007. Parties to file agreed directions order on conclusion of period allowed.

 

For those that dont know; I have submitted an aq, as have Lloyds (late) and I included the draft order of directions....

 

 

Innocent :?

 

Could you post the rest of the letter?

 

There must have also been an order for directions included in this?

 

PM

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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Thanks Guido :D and for the link too

 

 

PM thankyou for your interest but I can assure you.... this is the order! Bit strange though isn't it?? Just spoke to the court, and they said "its obvious isn't it"?

 

Is it?

 

"Get in contact with Lloyds and agree an order?"

 

Then he said "Oh.... lloyds? You probably won't have much luck"

 

?

 

"Just resubmit your draft order and demonstrate to the court you have tried to contact LLoyds"!!!

 

 

:| I am hoping I am one step closer to a win by default

 

Innocent :D

 

 

(now returning to his own thread where ALL are welcome)

:D CLICK MY SCALES IF I HAVE BEEN USEFUL :D

*

BARCLAYCARD WON £307

*

CAPITAL ONE WON £2.1k

*

NATWEST WON £3.4k

*

LLOYDS TSB CURRENT

Start 26/4 LBA 7/6 conLBA 22/1 N1 12/3 AQ 3/5/07ONHOLD

MORE THAN/ LLOYDS MCARD

Start 2/11 CONTL LBA 15/1/07 NOW RE-RESEARCHING

MONUMENT VISA

Start 1/11 CONTL LBA 15/1/07 NOW RE-RESEARCHING

NATWEST BUSINESS

RESEARCHING

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