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

[lateralus]

now you'll be typing like the guys - one finger - wrong hand - you'll still be a step ahead of most of them! lol

[clarion48]

thanx to you all for your excellent responses, advice and support - i am going to fill in the aq while i have the use of my hand to do it but will wait to file until nearer the date

[clarion48]

thanx lateralus - really made me lol

[jhamb]

I think I have messed up BIG time. When I received Notice of Allocation to the Small Claims Track my AQ had been dispensed with and all documents to be relied on at hearing - 4 July - to be delivered to Cobbetts and Court not less than 14 days before hearing. Because AQ had been dispensed with and there was nothing on the court form re: further fees I havnt paid anything since starting the MCOL. I have just found out that a further fee has to be paid EVEN though AQ dispensed with and the 14 days for paying this has long past. Have I now messed up any chance of my claim right at the last hurdle. Will the court/Cobbetts ask for this to be struck out now? REALLY worried and have been sat here since 5.30am just waiting for 9am to ring the court and try and sort this out. If anyone out there before 9am and can shed any light on this would REALLY appreciate. I cant believe I might have lost my claim at this stage! SO annoyed with myself!!!! HELP!! JG.

[clarion48]

Hey, don't panic. I'm sure the court will understand and all will be okay.

 

Phone them when they open and explain the situation - tell them you did not know you had to pay the AQ Fee and arrange to make the payment asap. Others have done the same - there are threads concerning the same issue - it will be okay - no-one else has been struck out. All the best.

 

Clarion

[jhamb]

Hey, don't panic. I'm sure the court will understand and all will be okay.

 

Phone them when they open and explain the situation - tell them you did not know you had to pay the AQ Fee and arrange to make the payment asap. Others have done the same - there are threads concerning the same issue - it will be okay - no-one else has been struck out. All the best.

 

Clarion

 

Thanks for that! I wish I could claim for stress from the bank - Id have so much money woudnt know what to do with it!!!!!!!

[clarion48]

Absolutely, so would we all. They love to think they have us tied up in knots......I don't think any court would kick a case out based on a missed payment.....they are more likely to send you a reminder that you haven't paid. They know what these banks are doing to us....they're choc a block with cases.

 

Have a good day......let us know how it goes.

[jhamb]

Absolutely, so would we all. They love to think they have us tied up in knots......I don't think any court would kick a case out based on a missed payment.....they are more likely to send you a reminder that you haven't paid. They know what these banks are doing to us....they're choc a block with cases.

 

Have a good day......let us know how it goes.

 

Will do and thanks again - it really helps when you know there are people out there having the same problems - cheers! Will ring the court at 9am and post the results here JG

[jhamb]

HUGE SIGH OF RELIEF!!!!

 

Just rang the court and they say there isnt a further charge for this. Basically its up to each individual court as to whether they charge a fee when AQ dispensed with.

 

This is definitely something anyone in the same position should check up on as if the AQ dispensed with doesnt necessarily mean no fee. You need to ring the court and ask them as if there is a payment needs to be paid within 14 days of receiving the Notice of allocation to the Small Claims Track.

 

I did ask the court about amending the particulars of claim because at the rate NatWest putting charges on there will be another 400/500 before the hearing! The lady at court said a fresh claim would have to be put in. I thought there was a form you could complete at a cost of 35 pounds but she didnt say there was when I mentioned it - any thoughts anyone????

[jhamb]

One of the posts has suggested writing to the bank if further charges are still being incurred once claim has begun - I was thinking of sending the following letter but before I do, can anyone let me know if this would be ok and if there is a "formal" form that should be completed to the court.......

 

 

For the attention of Stuart Higley

Customer Relations

NatWest

National Westminster House

225 Shenley Road

Borehamwood WD6 1TE

 

10 May 2007 [sent by next day guaranteed delivery]

and by Fax No. 0208 236 8010

 

Dear Mr Higley

 

Re Customer Name xxxxxxxx – Account No. xxxxxxxx

Reference xxxxxxxxxxxxxxxxxx – WITHOUT PREJUDICE

 

A claim has been submitted through Small Claims and has been allocated a hearing date of 4 July. Albeit you are aware of this claim, it has been noted that you are still applying eroneous charges to my account.

 

Please be advised that I do not accept such penalty charges which I believe

are not proportional to your costs.

 

If you believe they are proportional to your costs, please advise me in writing

giving me a full breakdown as to how you have arrived at these penalty charges

 

In the meantime, I do not accept such penalty charges particularly as in Common Law they are unenforceable. I expect these charges to be refunded immediately.

 

PLEASE SUPPLY A LIST OF ALL CHARGES INCURRED ON THE ABOVE ACCOUNT FROM 31 JANUARY 2006 TO DATE OF YOUR REPLY BY NO LATER THAN 22 JUNE 2007 IN ORDER FOR THESE TO BE BROUGHT TO THE ATTENTION OF THE COURT ON 4 JULY.

 

Please acknowledge this letter

 

Your faithfully

 

…………………………………..

Name of customer

 

Cc Chester County Court

Cc Cobetts Solicitors, Manchester

[RGS1]

i filled out my AQ and sent that back about a month ago. could i still write to the court requesting a draft order?

also for the actual draft order do i literally send the second page you have typed or do i need to send all that info with the covering letter?

i have written to DG 3 times now and no responce

[rhsymonds]

You need to ring the court and ask them as if there is a payment needs to be paid within 14 days of receiving the Notice of allocation to the Small Claims Track.

 

I phoned Worcester Court for the exact same reason and was told (by a very nice man) that the Allocation Fee is only payable before allocation.

 

If you have a court date then you have already been allocated to a track, therefore you dont have to pay the fee.

i have written to DG 3 times now and no response

Me either RSG, im hoping to get an offer in the next 2 weeks, judging by others timescales. MCOL filed 28/02, Good luck to you.

[the3roses]

Hi

 

I need help, we are currently battling abbey and have had a letter to say there will be no AQ, we called the court to see if we needed to do anything and they said no just wait. We received a letter today to say unless we served a fully particularised claim form detailing how the claim is worked out it will be struck out, they want this by the 11th! I have another problem in that the PC I worked the claim out on blew up so I don't have the original spreadsheet, I have done it again but the intrest is more (about £60.00) Can anyone help?????

[freakyleaky]

It sounds like they are asking for a schedule of charges? have you a hard copy of these? If so then just tranfer the details of the original to a new ss and add on the extra interest. entitle it "revised schedule of charges".

[the3roses]

Thanks, will do. I have spoken to the court and they also asked for copies of all my statements with the charges on, I never had to any of this with Lloyds, just filled in the AQ!!!!! I thought with no AQ it would be easier!

[clarion48]

jhamb - yes, you can file an amendment to your claim - I have because of miscalculated charges - you need to complete an N244 form and take it to the court with the payment - if you search N244 it will lead you to details

[lateralus]

just remember if you file an n244 - you then are responsible for serving it to dg - not the courts (i'm 99% certain this is so), so you have to send the new paperwork to dg. also, it puts you back to the 28 days again once you serve it. in some cases, it might be just as easy to forget extra charges and go for them in a second claim rather than to amend the existing one - there are pros and cons.

 

 

i'm adding this here for anyone reading about the amendment N244 form - it is true you need to re-serve it yourself - here is one person's tale from make me happy's thread:

 

Just want to really give some info to whoever has sent their form N244 to have their claim amended.

I have received original form back from court stamped on 20th April saying that the amendment to the claim was accepted by the judge. I have received the original amended N1 form I have originally sent, with a stamp on it. I did not really understand why, but thought that the court would re-serve this claim again.

Well, because I have amended the claim, I cannot monitor it online anymore. So, not knowing what it was happening I gave MCOL a call. they actually said that I had to serve HSBC myself with the original documents they have sent me back. I was very surprised as was nothing explaining what next together with the papers I have received. I then asked MCOL guy exactly what was the process. He said that I had to serve HSBC either by post or fax and then go to HMCS website and download form N215 and send with all the appropriate documents to Northampton Court to prove that the claim has been served. I would never had know if I hadn't phoned them!!!

So I have already faxed DG Solicitors with the Claim form. I took the oportunity to attach a breakdown of the charges I am claiming and sent form N215 to court with a copy of the fax transmission report.

 

 

 

as for the aq fee - yes,it is up to the local judge whether it applies or not - but we've not heard of anyone's case being thrown out because they didn't pay it..... best advice - as stated above - ring your local court to find out if the aq fee is payable even if the aq is dispensed.

 

to the3roses, yes, they are looking for a more complete breakdown - with the date of each charge, the name of each charge (as on the statements) and the amount of each charge. all totalled up and with the 8% interest showing. i've never known them ask for the statements - i'd def send copies, not the originals unless originals are specified. hopefully, you have a copy of your breakdown somewhere and can do it more fully (it is usually because the names of the charges is missing), but if you can't find it - you'll have to do the simple spreadsheet again - calling each charge what it's called on the statements and adjust the date of the s/s to the date you filed your claim. and for sure get it to them by friday or ring them tomorrow and explain your problem with the computer and ask for a few extra days - they will probably allow it - but you must ring.

[smith5757]

I am new to this, so here goes. My case has ben transfered to my local county court and the A&Q is to be dispensed with unless the district judge decides otherwise. I contacted the local court today and was informed that D&G had been given an A&Q to complete but as yet had not returned it to the courts. I am being told to wait until the local judge decide whats next. Has anybody else had this where only the defendants are being asked to complete the A&Q. Any information would be gratefully recieved.

[lateralus]

no, each local judge is dealing with this in different ways and i haven't seen that direction before - but it is a good one - it puts the ball in their court i would think.

now, i'd advise you writing to dg - the nudge letters i've done in post 1 of this thread and my other aq thread should give you a good start.

basically - what you are going to say is, your aq is dispensed with, theirs is yet to be returned, you understand how busy they are, but wouldn't they like to make this all go away and how you are sure the judge would appreciate you two settling the matter.

this serves to put the ball firmly in their court (no pun!) and were it to go further - it shows you as the one trying to settle it - ask for the full amount but show your willingness to settle. my advice on this thread is a nudging letter every 10 days until they offer - but with this direction - i'd write one tonight and get it off - it shows you are up with stuff - give dates - like as of xx/xx/xx you have yet to file the allocation questionaire as required by the court.....

[smith5757]

Lateralus thank you for that, and the advice is understood. I only sent my first nudge letter last Friday, so I think I should wait a couple of more days before sending the next one. Could you confirm to me that D&G only have 14 days to return the A&Q to the courts ? What is the position if they fail to meet that deadline as today i believe is day 12.

 

Many thanks

[freakyleaky]

I think what lat is saying is that now you have more information, write them another letter now stating that "you have yet to return your AQ to the court" and again asking them if they pay you £xxxx you will stop court proceedings. (once you have the money in your hands of course)

I think the courts are being leinient with dg when it comes to retuning AQ's and are likely to give them more time, but ring the court to see what the situation is on day 14.

[smith5757]

Freaky

 

Thanks for that, I will start to draft the letter from the templates on the site and contact the courts again later. I will keep you updated of any progress or otherwise........

[freakyleaky]

No problem smith, it's good to help.

Just shout if you need any help and someone will always be able to answer your question.

[smith5757]

Me again. Thanks for the help. I have just read my first post again and I think i might have given the immpression that the local judge has given an A&Q to DG. In fact it was the judge from Northampton (MCOL) who has directed this and dispensed with an A&Q for me. whilst transfering the case to my local court at Coventry. Does this change the situation for me ? . I guess I could still be asked to complete a A&Q by the local judge. Hope this makes sense to you.

[rhsymonds]

Does this change the situation for me ? . I guess I could still be asked to complete a A&Q by the local judge.

 

Exactly the same as i received smith, if your case has been allocated to a court and you have a date for your hearing, there is no fee to pay. If you dont have a date yet im afraid i dont know, id suggest phoning coventry court and asking them.