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

[manicblonde]

I have spoken to a Lady at my local courtto find out about the AQ being dipensed with in both my cases. She told me that I did not have to pay an AQ fee even though both my claims are for over £1500. I am starting to doubt myself after re -reading the first post on this thread that states the below. Can you please clarify that this is the case?

PLEASE BE AWARE THAT EVEN IF THE AQ IS DISPENSED WITH, THE AQ FEE OF £100 (IF CLAIM OVER £1500) IS STILL PAYABLE (AND RECLAIMABLE FROM THE BANK).

 

[lateralus]

certainly - since the aq's have been dispensed with - around 1 april - the claims go directly to the local courts - and each local court - and there are a lot of them - deal with them in different ways - actually i think we are seeing now that those courts who were asking for payment of the allocation fee weren't right - but it doesn't matter too much - those who paid it will be getting it back through their claim -

that statment was written to let people know that it may be payable - (we thought at one point it was for everyone - now we know better - i'll change that in post 1).

[mia_angel]

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!!!!!!!

 

 

Lats I want your head!! I'm only good at following instructions.. well i was never in doubt that you were a girl/woman... -mia-

[lateralus]

lol

[HSBCrusher]

Lats I want your head!!

to make some brawn?

lol

[Castlebest]

Oi leave lattie's head alone, she's a poor little old lady or so she keeps telling people (so was Miss Marple)

 

pete

[lateralus]

"poor" yep, "little" yep, "old" ish, "lady" yep!

brawn - that's that yukky stuff you english eat -yeah? better check my brain for mad cow's disease first!

[YV01]

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.

 

Been going through differnet threads about preparing a Court Bundle. Different ones mention including the bank's Terms & Conditions, witness statements and a copy of the OFT Report. I'm really lost now.

[Johnsworld]

Hi YV01,

I sympathise with you because I was in the same position. I'm taking my bundle to court this PM. I used the basic CAG bundle and then added what I felt would best help my case.

I can PM you the front page if you like.

As for the OFT thing. You can use the CAG OFT Summary but you need to find the full report on the OFT website. You could, if you wanted, submit the whole thing but you NEED to have para 4.21 so make sure if you use the summary you put para 4.21 0n the end.

I am submitting a Witness Statement to the court as well, but separately from the bundle. If they tell me it should be included I reckon I can send Barclays a copy in the post.

I don't know who your claiming against but my Witness Statement is a steal from the Lloyds Bank forum which I have changed/shortened so it only addresses the points Barclays have raised in their defence.

Even though Barclays haven't tried it yet, I have tried to circumvent any attempt to justify the charges as being for services.

I have no idea if my Witness Statement is any good against Barclays defence. I didn't get any feedback so I'll have to use it. I hope it is, I feel I could argue it in court and it's the best I could do in a short time.

Check out my thread if you want to see it.

The Lloyds case pointed to a possible problem if you don't have any T&Cs. I only have current T&Cs from Barclays website but at least they show the contractual charges.

Regards,

John.

[YV01]

Cheers John for your reply. Very helpful. It's just I'm not too sure what exactly has to go into the Court Bundle. I'd be very grateful of you could PM me your front page as any help would be great.

 

Still don't understand the concept of the witness statement, what it's for and what's to go in it.

 

And where can I get HSBC's T&Cs? :o

Panic, panic, panic!!

[Johnsworld]

I put this on the front of my bundle:

 

IN THE [Whatever] COUNTY COURT

 

 

Claim No: ******

 

 

 

 

(CLAIMANT’S NAME) Claimant

 

 

-V-

 

 

ANY BANK PLC Defendant

 

 

 

[DATE]

 

[TIME]

 

[JUDGE'S NAME]

 

 

 

 

 

 

 

 

I'll PM you the INDEX OF DOCUMENTS because it's in a table and won't work in the forum.

 

As I've said in other postings my Witness Statement is a steal from Lloyds Forum (GaryH) amended to suit Barclay's defence. You can find the original here:

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/

 

You may or may not be asked to provide one. It depends on what the court directs. You would also need to look at your banks defence and see which paragraphs are appropriate.

 

My directions from the court only said I had to provide copies of all documents on which I intended to rely in court. If I had been able to submit an AQ or had been given sufficient notice by the court I would have done a draft order for directions.

 

It would be useful to read about the new strategy for AQs.

 

http://www.consumeractiongroup.co.uk/forum/#libraries-bank-charges-materials

 

I only had thirteen days to comply with the the Judges directions and a Witness Statement allowed me to clearly present a strong argument related to my bundle and to ask for Standard Disclosure by the Bank.

 

If you want to read my Witness Statement you can search for my thread in the Barclay's forum. It's on there.

 

A last word about the Witness Statement. I went to the court and gave in my bundle. The witness statement was in front of everything else and I said I wasn't sure whether it should be part of the bundle but I'd left it separate in a sleeve because I wanted the Judge to see my request for Standard Disclosure. Also I hadn't listed it on my Bundle documents.

 

They said it would be fine but I will need to send a copy to the bank and keep one with my bundle. So I guess you might need to add that to my list.

 

At least I can relax this weekend. I still have to consider mediation that the court is pressing for, but that can wait until Monday.

 

Regards,

John.

[lateralus]

here's a starting point for the bundle from post 1 on this thread:

 

a) your schedule of charges. (ie a copy of your spreadsheet)

b) your statements showing the charges. Alternatively, the list of charges which the bank provided under your S.A.R (subject Access Request) (only send the statements with charges on them.)

c) A Statement of Evidence: (post 55 in the new strategy): New strategy for Allocation Questionaires

d) All the statutes and decided cases on which your claim relies. ie, UTCCR's, UCTA's, SOGA, case law, etc. For this, I'd just submit the whole of the Basic Court Bundle.

 

This whole thing runs to around 200 pages and should be done in triplicate: one copy for you, one for the court and one for dg – that’s 600 pages of copying – LEAVE IT UNTIL YOU KNOW FOR SURE YOU NEED IT. If an offer comes in from DG and is accepted you wouldn’t need it. Really leave it until you have to do it to meet the deadline set by the court!

 

 

and it looks like john will help you out with the finer points.

[YV01]

Cheers John & Lat. Bit of a head melter all this. Gonna send DG another nudge letter and ring them in a few days. Hopefully I won't need to bother with the Court Bundle.

[rhsymonds]

Hopefully I won't need to bother with the Court Bundle.

 

My thinking exactly YV, I have until the 1st of June to submit my court bundle (hearing 15th June) and DG have promised me an offer by tomorrow.

If i dont get one however im going to have to print out my court bundle

(600 pages is nothing to the work laser printer )

and add the postal charges to my claim.

 

We will see what the postman brings tomorrow.

 

Good luck,

 

Ross

[lateralus]

and have you all seen this:

CC v HSBC (1 2 3 4)

cbrundle

sweated out the bundle all weekend and today ------- his offer!

that's the way they work sometimes - but proof in the pudding - dg will not defend their defence in court - they can't. so they pushed him to the limit and then offered.

[YV01]

Another case won for us. Good news.

 

Sending off today what will hopefully be my final nudge letter to DG Solicitors. Also faxed them a copy last night. Should I e-mail a copy as well? If so, does anyone have an e-mail address handy for them?

 

Maybe start putting together my court bundle over the weekend. Hopefully will not need to print it all out.

[rhsymonds]

DG have promised me an offer by tomorrow.

 

Well, it arrived and ive just sent off my acceptance letter. Im so glad i didnt waste time and money on the court bundle, i agree it could potentially lose your case if you dont provide one by the deadline, but by the sound of things, DG will always pay up before that deadline.

[lateralus]

exactly - you can't take that chance - you must submit it if the date is close. well done, rh - i'm sure it's on your thread to, i'll take a look

[JOSH_IOU]

can you do my lottery numbers please later

[lateralus]

sure:

4 8 15 16 23 42

but they only work if your name is hurley or you work for the dharma initiative!

[Celicaman]

Hi Lattie

 

Found this post on a business claim and at first seems like the court are asking him to send details of claim to Shabbey and to court, but then they are asking why he thinks they are unlawfull and what he thinks the charges should be.

 

I havent seen this before, could you have a quick look

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/93612-mcnab-abbey-business.html#post860695

 

CM

[Celicaman]

Thanks for that, it did seem like they wanted some part of the bundle but not the bundle, so it threw me.

 

CM

[lateralus]

i've not seen directions like that before - hopefully gary will get him sorted - plenty of time - i'm thinking he just took the normal template(mse, again!!) - left out the consumer bit. needs to be a specific template for business claims - that could be it.

[mrblue]

Another case won for us. Good news.

 

Sending off today what will hopefully be my final nudge letter to DG Solicitors. Also faxed them a copy last night. Should I e-mail a copy as well? If so, does anyone have an e-mail address handy for them?

 

Maybe start putting together my court bundle over the weekend. Hopefully will not need to print it all out.

Sounds like you've sent DG some letters already. I've sent one nudge, just about to send another in the morning. Have you tried phoning them as it sounds like some people have. Wondered where you are up to with it all as I've not heard from anyone but the courts stating the AC been dispensed with.

[lateralus]

we think it's best not to ring - it's counterproductive in that they spend valuable time answering phone calls and you get no where - they just say they will deal with it when they are ready -

a letter is official and must be put in your file - and you've proof to the courts that you are trying to resolve things. just keep nudging every 10-14 days. if you've something like a court date looming - they may offer early - but failing that - i think they take them inthe order the claim was filed - and they seem to be dealing with late feb. claims at the moment.

just have to be patient.

mr. blue - if you'd like to start a thread in the hsbc forum - press this: you'll be most welcome!