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

[ladymuck]

Hi all, have just received the AQ that Cobbetts have filed at court and now I really am worried

 

They have put in Section G (other information) and I Quote:

 

Case management directions cannot be proposed until the Claimant serves a Reply to the Request for Further Information which was due on 1st May 2007. In light of this, the Defendant may amend its defence or apply to strike out.

 

When I received the Request for Further Information, I sent them a letter stating that I expected it to take the small claims track, section 18 blah blah blah!

 

Is this a normal AQ from Cobbetts or will it really be stuck out or is it another scare tactic???

 

As I say I am really worried now, I've come so far (thanks to the forum), any help would be REAllY appreciated

 

Thanks Lady x

 

P.S. Soz for any spelling mistakes (try to do this at work) x

[lateralus]

clarion - just the aq plus breakdown plus draft order and payment to the court and copy of each (not cheque!) to dg.

[clarion48]

thanks lateralus - good to be back in touch with everyone again.

 

i've been a bit freaked today - a friend told me this morning that she is not pursuing her claim any further because lloyds won this case yesterday on the basis that they can charge for service - i hadn't heard about it but have just read it up on the net - any thoughts? is it going to be a case of having come this far - the banks will now fight back and all will be lost - even what has been paid out to file?

[rhsymonds]

I think its only worth considering if you have doubts with your case, like i didnt send a schedule of charges to add to my MCOL Particulars of Claim, i just sent them to the solicitor when asked, and i thought that might make a difference but apparently not.

 

Id be very surprised if banks started winning now, specially seeing as so many cases have already been decided in favour of claimants.

[clarion48]

hi lateralus - a question please. when i first filed my n1 on mcol i didn't claim the full amount of charges owed and miscalculated the interest. when abbey originally sent my list of charges, which they kept me waiting an endless amount of time for, some of the printout sheets were unreadable because their copier obviously needed a new cartridge - as a result of this the amount of claims charged has increased by around £600 - now that i finally have readable printouts (i also originally thought, based on info given on mse that I could only claim charges over £12, which i now know is wrong) - do you think i should also file an n244 amendment at the same time as my aq and apologise but explain about the unreadable printouts? £600 is a lot to lose but i really don't want to mess it up now.

[YV01]

Wouldnt hurt to do a bit of research on Court Bundle so you know what to expect, but i am very confident you will receive an offer before your court date. I just spoke to DG solicitors (for HSBC) and was told "we can see you have a court date, and will be sending you a full offer 'without prejudice' as soon as we get round to your case".

 

I know it takes a long time, but just wait it out. It is highly unlikely you will have to attend court.

 

Cheers rhsy! Did you ring DG? Was thinking about maybe starting to put together a court bundle for myself, but been going through some of the threads on here and have got confused about what's to go in. Some threads seem to differ from others.

[stealther]

hey

 

following the advice on this thread i've now sent 2 nudge letters to DG with no reply! I also haven't heard anything on a court date from Nottingham, although I did get a letter saying I wouldn't need an AQ. Have DG been responding to others nudge letters?

[rhsymonds]

I didnt get a response to any of my nudge letters and i sent 3 !!! But i phoned them yesterday and was told 'ill get my money' basically. They are so snowed under with claims i dont think they have time to reply to nudges, I do have a court date though, which may influence them into making a settlement. Good luck stealther, Id suggest phoning them and asking where you are in the pile, it may get you noticed. When did you file MCOL ?

[stealther]

thanks! Hopefully once i get a court date it should spur them into action! I issued my claim on 6th March and they defended it on 11th April and then it was transferred on 11th April but that's the last i heard from the courts! Will definitely call them to see whats happening.

[ladymuck]

Could someone please help with my earlier post, I'm getting worried that I have really done something wrong, many thanks x

[clarion48]

hey lat, another question - sorry!

 

when i file my aq tomorrow morning do i send a copy to abbey/solicitor straight away or wait until the court seals one of the copies?

[lateralus]

as earlier - send the aq and the draft order and the breakdown and cheque to court -

just send dg copies of the first 3.

 

as for the other problem - i'm not sure what to advise... you could do a n244 amendment or you could keep those other charges that you didn't pick up the first time for a second claim. you are right - it's a sizable amount. let's see what someone else says.

brb.

[lateralus]

hey ho everybody - please take a look:

 

Lloyds victory in Birmingham - in perspective

Lloyds "Victory" - A View of the Judgement

We need your help folks! Re old T&Cs

[Johnsworld]

Hi Y'all,

 

Like a lot of you I was a bit deflated by Lloyds success but having read the judgement you have to wonder about it.

 

I have to present my bundle tomorrow sans AQ but I decided that I needed to present my arguments more clearly than in the N1.

 

I was only asked to submit documents on which I intend to rely.

 

I'm no lawyer, so feel free to whip me (does that sort of thing still go on?) if I'm wrong, but I'm now attaching a Witness Statement based on the CAG template, so there's no misunderstanding.

 

I'm also attaching para 4.21 of the OFT statement in addition to the basic summary just to clarify the difference between penalties and penalties disguised as services.

 

If you've gone this far you have to keep going. Unless the court has recommended your case for mediation as mine has been. (Then you have to decide).

 

Stay strong! There's more of us!!

 

Regards,

John.

 

[clarion48]

hey lat, thanks for your responses - thanks also for the pm you sent gary - i haven't had a response as yet so really unsure what to do about the n244. hopefully i may still get an answer tonight.

 

i'm actually going to the court in the morning to file the aq in person - if i'm going to do the n244 it would make sense to do that at the same time - may be i should complete it ready and wait to see if gary replies before then.

 

thanks for your help

[clarion48]

Have you seen Martin Lewis's blog about the Berwick vs Lloyds case? He has said if Mr Berwick is not in a financial position to appeal and take the case back to court, he personally would be prepared to help him, in order for him to do so and that Mr Berwick should contact him if that is the case. He also made mention of the CAG website and that people should read the 'interesting post by Marc Gander'. There is also a link to a pdf file of the whole judgement if anyone wants to read it.

[mia_angel]

morning! I read about yesterdays Lloyds judgement but have to plough on regardless I guess (though I'll be reading up on the full judgement in detail). Funny it hasn't put me off just made me more prepared to see it through even though I was really nervous at the start.

 

Where I'm at is that on 4 May I got the Notice of transfer of proceedings from Northampton with from what I've been reading sounds looks like a standard 5 point defence and a note that the AQ may be dispensed with unless the district judge orders otherwise and that an allocation fee may be payable and to contact the local court for more info.

 

I just managed to send off the first nudge letter to DG on 10 May (as per Latties advice) but on the 11 May got the Notice of Defence filed from my local court and an AQ to fill in for the small claims track by 30 May and stating that the £100 fee is payable on filing of the AQ.

 

I also had a mediation info leaflet (ha) included both times but with no other reference to it.

 

It's been so useful to have read up on everyones experiences here so far so I need to start completing the AQ it not too sure if I need to send the draft order for directions too as I've heard mentioned?

 

-mia-

• Prelim bank charges reclaim letter posted special delivery Monday 26.02.07
  
• Received by HSBC Tuesday 27.02.07
  
• Send LBA (14 days completed) by special delivery on Monday 12.03.07
  
• Received by HSBC Tuesday 13.03.07
  
• HSBC (Prelim) acknowledgment letter received 15.03.07 (dated 08.03.07 sent 2nd class) looking into matters will contact you with a full response as soon as I have completed my investigations
  
• Send MCOL (14 days completed) Monday 26.03.07
  
• MCOL issued Tuesday 27.03.07
  
• Sent 2 copies of charges breakdown to Northants County Court by special delivery Tues 27.03.07
  
• MCOL date of service Sunday 01.04.07
  
• HSBC Acknowledgment of Service of claim filed Thurs 29.03.07
  
• Send 2 copies of charges breakdown to DG solicitors by special delivery Mon 03.04.07
  
• HSBC deadline to enter a defence Sun 29.04.07
  
• HSBC Defence entered on moneyclaimonline Wed 25.04.07
  
• Notice of transfer of proceedings received from Northampton County Court Fri 05.05.07
  
• 1st nudge letter sent to DG solicitors Thurs 10.05.07
  
• Notice that a Defence has been filed and AQ to be completed received from local court dated Thurs 10 May
  
• AQ to be returned to local court by 30 May

[steven4064]

Hi Y'all,

 

Like a lot of you I was a bit deflated by Lloyds success but having read the judgement you have to wonder about it.

 

I have to present my bundle tomorrow sans AQ but I decided that I needed to present my arguments more clearly than in the N1.

 

I was only asked to submit documents on which I intend to rely.

 

I'm no lawyer, so feel free to whip me (does that sort of thing still go on?) if I'm wrong, but I'm now attaching a Witness Statement based on the CAG template, so there's no misunderstanding.

 

I'm also attaching para 4.21 of the OFT statement in addition to the basic summary just to clarify the difference between penalties and penalties disguised as services.

 

If you've gone this far you have to keep going. Unless the court has recommended your case for mediation as mine has been. (Then you have to decide).

 

Stay strong! There's more of us!!

 

Regards,

John.

 

 

I know this is a bit wimpsh, but could someone post links to the Witness Statement (a la CAG) and para 4.21 of the OFT statement. This would be a help to all of us that are at orapproaching the court stage

 

Steven

[lateralus]

mia a:

here's the aq info

 

aq info:

Allocation Questionnaires - A guide to completion

this is your step by step completion guide -and here is:New strategy for Allocation Questionaires

and here is how to use it:

for section g of the n149 (section h on the n150), use the wording in blue on post #3 of new strategy link, and then attach draft order for directions - use wording on post #2 of new strategy link(the bit in blue) making sure to add your name and court claim number to all pages. simple as that. just follow the steps with these two minor additions. the draft order is just asking the judge to order both parties to lay out their wares within 14 days of him ordering it - so it shortens the length of the time to a court date - and as dg/hsbc/all banks don't want to do it - they will pay up by offer or just not file their aq in which case you also win.

 

on, the other front - of this two pronged thing - have you sent dg a breakdown of your charges - it is advisable to do that, as they always ask for one before they offer anything - so it saves a couple of days.

and unless your claim is for under 1500 and wouldn't incur the filing fee of 100, i suggest leaving it until the aq is nearly due before filing it - as dg have been coming in with offers just before the due date in several cases.

 

i'd do the draft directions - (anybody who has to do the aq - i'd say yes, for sure)

 

and something else for you:

Mediation - a bad idea

[Johnsworld]

Hi Steven,

 

I'm pleased to say that Lats beat me to the reply. I agree with him that the new strategy of draft directions is preferable.

 

I didn't get the option of submitting an AQ and only had 13 days notice to get my bundle to court so there was no time for draft directions. That's the only reason I added a Witness Statement and requested Standard Disclosure.

 

I used the OFT summary that was in the CAG bundle and took para 4.21 from the OFT website below.

 

http://www.oft.gov.uk/shared_oft/reports/financial_products/oft842.pdf

 

You could submit the whole thing but it's about 36 pages.

 

Regards,

John.

[lateralus]

pleeeease........i agree with HER.......thank you, very much!

[mia_angel]

mia a:

here's the aq info

 

on, the other front - of this two pronged thing - have you sent dg a breakdown of your charges - it is advisable to do that, as they always ask for one before they offer anything - so it saves a couple of days.

and unless your claim is for under 1500 and wouldn't incur the filing fee of 100, i suggest leaving it until the aq is nearly due before filing it - as dg have been coming in with offers just before the due date in several cases.

 

i'd do the draft directions - (anybody who has to do the aq - i'd say yes, for sure)

 

and something else for you:

Mediation - a bad idea

 

 

Hi Lattie, thanks for that (as ever!) will follow for the AQ completion.

Just a question:I did send DG a copy of the charges breakdown with the first nudge letter on the 10th May - the day before I got the defence notice and AQ request from my local court.

Shall I send another copy of the breakdown to DG with a second nudge next week, if so is there another cover letter I should send this time as I sent the one referring to possibly not requiring an AQ but have actually had the AQ request from the court since?

 

-mia-

 

• Prelim bank charges reclaim letter posted special delivery Monday 26.02.07
  
• Received by HSBC Tuesday 27.02.07
  
• Send LBA (14 days completed) by special delivery on Monday 12.03.07
  
• Received by HSBC Tuesday 13.03.07
  
• HSBC (Prelim) acknowledgment letter received 15.03.07 (dated 08.03.07 sent 2nd class) looking into matters will contact you with a full response as soon as I have completed my investigations
  
• Send MCOL (14 days completed) Monday 26.03.07
  
• MCOL issued Tuesday 27.03.07 - for £3700
  
• Sent 2 copies of charges breakdown to Northants County Court by special delivery Tues 27.03.07
  
• MCOL date of service Sunday 01.04.07
  
• HSBC Acknowledgment of Service of claim filed Thurs 29.03.07
  
• Send 2 copies of charges breakdown to DG solicitors by special delivery Mon 03.04.07
  
• HSBC deadline to enter a defence Sun 29.04.07
  
• HSBC Defence entered on moneyclaimonline Wed 25.04.07
  
• Notice of transfer of proceedings received from Northampton County Court Fri 05.05.07
  
• 1st nudge letter sent to DG solicitors with charges breakdown Thurs 10.05.07
  
• Notice that DG Defence filed and AQ to be completed - received from local court Thurs 10 May
  
• AQ to be returned to local court by 30 May

[Johnsworld]

Sorry, just assumed someone with so much knowledge would be a guy!!

[lateralus]

i wrote one thread when peeps were doing the aq and another when the aq's were mostly dispensed with - there are nudge letters in post one of both - you'll find one pretty close to what you want - just tweak any of them - they aren't official - just out of my head!!!!!When you have filed your AQ................

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

[lateralus]

now, john, i just saw that!!!!!

 

i won't even comment