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    • I have now been given a court date vs Evri, 4th Sept 2024. I have completed my court bundle, when am I expected to send copies to the court and Evri and should it be in hard copy or electronic? The Notice of Allocation states that no later than 7 days before the directions hearing both parties must send to the other party their final offers to settle. Does this mean I will have to tell Evri what I'm willing to settle? Rgds, J
    • Ok how about this to the CEO? I know it sounds super desperate but lets call a spade a spade here, I am super desperate: Dear Sir, On 29th November 2023 I took out a loan of £5000 with you. Unfortunately very early into 2024 I found myself in financial difficulty (unexpected bills and two episodes of sickness and the tax office getting my tax code wrong resulting in less pay for two months) and I contacted you (MCB) on 13th February 2024 asking if there was any way I could extend the length of my loan to 36 months. I fully explained why I was requesting this and asked for your help. I did not receive a reply to that email so I again contacted you on 7th March 2024 to advise you of a change in my circumstances which resulted in me having to take out a DMP and asking you to confirm that the direct debit had been cancelled. You would have also received confirmation of this DMP from StepChange but you did not acknowledge receipt of my email. I have only managed to make one payment from my loan but did try and contact MCB to discuss extending my loan, help etc.  I have now therefore fallen behind on several of my debts, yours included, and as a result you have lodged a Cifas marker against my name for "evasion of payment", which has resulted in me having to change banks, which has been an extremely difficult process because of the Cifas marker. I do not feel you have been fair or given me the opportunity to fully explain my situation to you before you lodged the marker against my name. I appreciate it is a business and you have acted accordingly, but I did try to make contact to arrange alternative arrangements and at no point, not even to this day, did I ever intend to not repay my loan. I cannot stress to you enough how much this has affected my mental health. I am having trouble sleeping and my existing health condition has been exacerbated by all of this. What I would like you to do is to please, please remove the Cifas marker and let me make arrangements to pay the loan back through a DMP.  Please sir, I am begging for your help here. I am not a dishonest person and I have never been in a situation like this before. I am desperately trying to make things right but this marker is killing me. Please can you help me? I look forward to hearing from you. Yours faithfully,
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No AQ - Straight to PRE TRIAL REVIEW


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Hi there let us know what you get from the court then we'll know what your next step is. All the courts are dealing with these cases in different ways. No need to brick it you'll win its just a waiting game!

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Guest welshtart

Ok, thank you. I don't like to bother but I would be very grateful for your ongoing help.

 

I sent my first nudge letter today - registered post. Wonder if they'll reply? Not expecting miracles mind.

 

:razz:

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No problem there will always be someone around to help. I will keep looking in to see how you're doing.

I didn't get anything from DG only a reply to an e-mail that I sent, they only said that each case was being dealt with in order. You just never know your luck! Just be patient and your turn will come.

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  • 2 weeks later...
Guest welshtart

Hi there,

 

I sent my first nudge letter to Cobblers on the 21st June and I haven't heard anything from them at all. Do you think it will be ok to send them a 2nd nudge letter tomorrow?

 

Also I haven't heard anything from the court either about a court date for my case. Is this normal as its been over three weeks since they sent me the Notice for Transfer of Proceedings?

 

Thanks

 

:confused:

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I don't see why you can't send another nudge.

The courts are really snowed under with claims at the moment and are getting a bit slow with their response time. If I were you I would give them a ring just to ask what is happening.

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Hi there,

 

I sent my first nudge letter to Cobblers on the 21st June and I haven't heard anything from them at all. Do you think it will be ok to send them a 2nd nudge letter tomorrow?

 

Also I haven't heard anything from the court either about a court date for my case. Is this normal as its been over three weeks since they sent me the Notice for Transfer of Proceedings?

 

Thanks

 

:confused:

 

Hi, Quite normal, you can grow old waiting LOL.

As long as transfer said No Aq, there is nothing to do untill you get a court date, see what they require then.

If your first nudge was about no AQ required, there is no reason to nudge as no extra info to make nudge appropriate.

 

Just play cool, nothing happening, its normal. They wont be rushed, offers come as per their rules.

 

Celicaman

Templates Library

 

GE Capital Won

Capital 0ne Won

Northern rock Claim stayed working on negotiation

HSBC personal claim 1 ''WON''.

£1800 plus full stat interest plus costs.

Claim started 14/02/07 offer 3/07/07

 

Next:Coming soon to a thread near you! :)

HSBC personal Part 2 'return of the Celicaman'

HSBC business 1 ' my empire strikes back' N1 claim POC in progress after usual offensive offer from bank

HSBC business 2 'attack of the Celicaman'

HSBC business claim 3 'bank account menace'

HSBC business 4 'Revenge of the CAG Member' the final insult ....................... 'Maybe'

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Guest welshtart

Hi guys,

 

I think I will send them a 2nd nudge letter tomorrow and give the court a ring also.

 

I've noticed a few grey hairs appearing - whether it's because of Cobblers I don't know! But I doubt if they are helping.

 

According to the Notice of Transfer the AQ has been dispensed with so I suppose I'll just have to be patient with Cobblers but I'll keep sending the nudge letters every 10 days or so just for them to know that I'm not going away.

 

Thank you all for your help.

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When you ring the court just ask them if the allocation fee is still payable. Some courts are still charging for it and some arn't.

 

The other reason for nudgeing is that you feel like you are doing something rather than nothing.

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Guest welshtart

Ok will do. When do I send the letter + Draft Order For Directions to the court manager? Is it once I've had a date for my case or can I send it before?

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Guest welshtart

Hi guys,

 

I need some more advice please.

 

Today I received a letter from the court called General Form of Judgment or Order which says:

 

District Judge xxx sitting at xxxxxxx considered the papers in the case and Ordered that:

1. The Claimant must file an Allocation Questionnaire and pay the allocation fee by 16th July 2007.

 

2. The Claimant must send to the court and to the Defendant by 23rd July 2007 a schedule showing the dates and amounts of each charge which is claimed.

 

3. Because this Order has been made by the Court without considering representations from the parties, the parties have the right to apply to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this Order.

 

 

Why have they asked for an AQ now when initially it was dispensed with?

 

 

Bizarrely, it does not say how much the AQ fee is - does anybody know? Will I get the fee back or do I add it to my claim and let Cobblers know about it?

 

Even though I've sent several copies of my schedule of charges to Cobblers already, do I still have to send another one?

 

Where does the letter + Draft Order For Directions to the court manager come into play now? Do I send it together on return of this form or do I have to wait?

 

I've kept copies of letters of correspondence to Cobblers for the court - do I send them to the court now or keep them to bring with me when I go to court?

 

So many Questions - I'm getting really scared about this now. What if I mess it all up? What if I lose the case - I live on a tight budget. I know you've probably gone over this a thousand times before, but I really need it to be spelt out to me in simple terms.

 

HELP! PLEASE!!

:confused:

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Hi guys,

 

I need some more advice please.

 

Today I received a letter from the court called General Form of Judgment or Order which says:

 

District Judge xxx sitting at xxxxxxx considered the papers in the case and Ordered that:

1. The Claimant must file an Allocation Questionnaire and pay the allocation fee by 16th July 2007.

 

2. The Claimant must send to the court and to the Defendant by 23rd July 2007 a schedule showing the dates and amounts of each charge which is claimed.

 

3. Because this Order has been made by the Court without considering representations from the parties, the parties have the right to apply to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this Order.

 

 

Why have they asked for an AQ now when initially it was dispensed with?

 

 

Bizarrely, it does not say how much the AQ fee is - does anybody know? Will I get the fee back or do I add it to my claim and let Cobblers know about it?

 

Even though I've sent several copies of my schedule of charges to Cobblers already, do I still have to send another one?

 

Where does the letter + Draft Order For Directions to the court manager come into play now? Do I send it together on return of this form or do I have to wait?

 

I've kept copies of letters of correspondence to Cobblers for the court - do I send them to the court now or keep them to bring with me when I go to court?

 

So many Questions - I'm getting really scared about this now. What if I mess it all up? What if I lose the case - I live on a tight budget. I know you've probably gone over this a thousand times before, but I really need it to be spelt out to me in simple terms.

 

HELP! PLEASE!!

:confused:

 

 

Welshtart firstly, Chill, its no panic, ill give you the low down in a few mins when i get my head round it

 

Celicaman

Templates Library

 

GE Capital Won

Capital 0ne Won

Northern rock Claim stayed working on negotiation

HSBC personal claim 1 ''WON''.

£1800 plus full stat interest plus costs.

Claim started 14/02/07 offer 3/07/07

 

Next:Coming soon to a thread near you! :)

HSBC personal Part 2 'return of the Celicaman'

HSBC business 1 ' my empire strikes back' N1 claim POC in progress after usual offensive offer from bank

HSBC business 2 'attack of the Celicaman'

HSBC business claim 3 'bank account menace'

HSBC business 4 'Revenge of the CAG Member' the final insult ....................... 'Maybe'

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Ok

Q1. The AQ is a simple form to fill in, i presume they sent you a copy to fill in. read post 2 on filing in

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

AQ fee is £100.00 which is reclaimable, if you are on low income you may not have to pay it, Ring your local court on Monday and ask the court staff, quote claim number & get name of person.

 

Q2.Summary of charges. Send a copy ( again ) of the list of charges to both court & cobblers, which include the charge, date applied and the name of charge IE excess overdraft etc

 

Q3 Dont worry about Q3 its irrelevant unless you want to give bank more time. And they have had enough.

 

Ok This is the AQ , if you want to attach the draft order its as good a time as any. the judge may/maynot go for it. Remember to put the request that they look at it as well as the draft order.

posts 1 & 3

http://www.consumeractiongroup.co.uk/forum/general/57708-draft-order-allocation-questionnaires.html

 

just post what you are doing and chill, we will help get you thru it :)

 

hope thats all clear

 

Celicaman

  • Haha 1

Templates Library

 

GE Capital Won

Capital 0ne Won

Northern rock Claim stayed working on negotiation

HSBC personal claim 1 ''WON''.

£1800 plus full stat interest plus costs.

Claim started 14/02/07 offer 3/07/07

 

Next:Coming soon to a thread near you! :)

HSBC personal Part 2 'return of the Celicaman'

HSBC business 1 ' my empire strikes back' N1 claim POC in progress after usual offensive offer from bank

HSBC business 2 'attack of the Celicaman'

HSBC business claim 3 'bank account menace'

HSBC business 4 'Revenge of the CAG Member' the final insult ....................... 'Maybe'

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Guest welshtart

Hi Celicaman,

 

Thank you, thank you, thank you for the guidance. My brain has turned to mush for tonight, but I feel a bit happier with something to get my teeth into tomorrow and make a start on your suggestions.

 

Once again thank you.

:)

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and here's how to do the aq with the draft order included:

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.

 

didn't read your thread back very far - but if claim is under 1500 you don't pay.

 

also, reason for the change is - it would have been mcol saying aq is probably dispensed with - then your local court saying - no, we want one.

things are changing all the time with the locals getting into the swing of it and the vast number of claims they are dealing with.

 

just get it all in on time - and send solicitors copies of it all with a letter saying - wouldn't you like to make this go away - - look on the two aq threads in my signature - post 1 for letter ideas.

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Guest welshtart

Hi Lateralus,

 

Thank you for your help too. I am ploughing through it as we speak. My claim is for £1,921.

 

One question though, do I add the AQ fee to my claim and let Cobblers know or is it done automatically? I would really like it refunded to me.

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Guest welshtart

Under the New Strategy for AQ link - section G bit, it says to write in the actual section G on the form that "This allocation questionnaire and its attachments were sent to the defendant on **/**/**."

 

Do you I have to photocopy the AQ for the defendant or will they have their own copy?

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Welshtart

 

They have to fill in their own but they will not have acopy of yours. THe very first question on the AQ form is "have you sent a copy of this completed form to the otherparty(ies)?". So yes, you should send them a photocopy

 

Steven

 

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site

  • Haha 1

 

 

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Guest welshtart

Hi Lateralus,

 

Could you please check that I have everything for both Cobblers and the courts:

 

Courts

AQ form N149

Fee - £100

Section G - Other Information letter

Draft Order for Directions

Schedule of Charges including AQ fee

 

Cobbetts (solicitors)

Photocopy of AQ form N149

Section G - Other Information letter

Draft Order for Directions

Schedule of Charges including AQ fee

 

Is there anything I've forgotten or are they ready to post?

 

Also, do you have any covering letters for "saying - wouldn't you like to make this go away"? I've had a look at your threads but they seem to be for when the sols haven't sent their AQ forms back yet. Any ideas?

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Hi welsh,

 

Lattie's always advise sending a nudge letter every 7-10 dyas......... there are copies of some of mine on ym thr

ead, and am sure lattie has some on her's or look at freakyleaky's or Castleblact or Celicman....

 

do not expect them to answer your nudge mind you.......lol. they never do!!!!!

 

I know it can be intimidating but this site will guide youthrough it, if its worth knowing then this lot willknow it......... good luck:)

rockin all over the world

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