No AQ - Straight to PRE TRIAL REVIEW

[freakyleaky]

Don't forget to mention to the sols in your nudge about the added £100 fee.

There are nudges on page 1 of this thread for people who have sent the aq When you have filed your AQ................

[freakyleaky]

Lat advises nudging Every 10 to 14 days! Anything more could be construed as harassment!

[Audreygreeneyes]

see am glad you are about freaky................lol...........sheesh I should know that by now sent enough of them.........

[freakyleaky]

Well it is early and I see your still wearing that hat! It must be overheating your brain! LOL:D

[Audreygreeneyes]

No it is not, those are Mediterranean Moments..........:o

[lateralus]

feel free to take the nudge letters and tweak them to what you want them to say, welshtart -

your list looks fine.

[Guest welshtart]

Hi guys,

 

I've just come home from work and seen all your messages of help and advice. Thank you all very much.

 

I have everything ready to post for tomorrow. Just going to cross my fingers I think, but I may have to ask for more help for the next stage.

 

Once again - thank you.

[Guest welshtart]

Hi peeps,

 

When I got my General Form of Judgment or Order letter it said:

 

"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."

 

I did all of this last week - within plenty of time. Can you tell me what my next move is please? Am I right in thinking that Cobbetts have to file an AQ by the 16th July date also or is it just me - the Claimant?

 

Do I just wait to hear from the court now to see if the Draft Order for Directions has been accepted and then get on with the court bundle, or is there something else I should be doing?

 

I'm going on holiday next Sunday, so any advice before then would be most grateful.

 

Thanks.

[lateralus]

you could ring the court to see if they have sent theirs - and see what the court says will happen next.

i think i'd send a nudge letter to the solicitors with a copy of the aq - and a schedule of charges and a copy of the draft directions telling them that you are asking for the judge to consider it as a way forward. - and depending on what you find out from the court - tweak the nudge letter (and change the solicitor) found in the after you've filed.... link in my signature - post 1 - there are 3 nudge letters - one is i've filed my aq - you haven't (or have - just tweak away)

wouldn't you like to resolve this before the courts are more involved......

[Guest welshtart]

Hi lateralus,

 

I spoke to the court this morning and was told that "because of these new bank charges they are only sending the AQs out to the Claimant." Therefore, they do not have to file an AQ at all - never mind meet a deadline. I was also told that it will all go to a district judge now and he will make a decision on the directions.

 

So, now I'm stumped again. Do I still need to send the nudge letters? And, is there any point in sending them as Cobbetts just ignores me anyway and has never answered one letter that I've ever sent. I'm getting a bit dispondent now.

 

[lateralus]

you keep saying cobbetts - so you aren't with hsbc? doesn't matter - just curious...do you have more than one going - i was sure you were on here.

so, ok in your court the defendant doesn't do the aq - but let's make it clear to anyone reading that that may not apply to all local county courts - i'd ask them if defendant's are required to complete the aq as well.

 

on to your next step - you do the aq, pay include the draft order and a schedule - as it is showing the judge how you would like to proceed and then send the solicitor a letter - include a copy of the draft direction telling them you are asking for this to bring about a resolution to your claim - then just follow one of the nudging letters in post one of the 2 aq threads in my signature and say - you know the courts would appreciate the two of your settling - and you would accept ..... just tweak one of the letters to give them a good reason to contact you - and send a schedule of charges with it

[jontah 2006]

Lateralus – have you head of these Pre Trial Reviews by the court before.

 

I have got a funny feeling solicitors will attend these to see if the can use then as a testing ground for some new legal angles that may prohibit all claims it may take them a while.... but if it dont hurt them to attend who knows..

 

 

I dunno, getting a little worried about this am I one of the first to have a Pre trail DG have nothing to loose by attending do they?

 

DG in effect don need to do anything up till then or maybe beyond this date.

 

I have a funny feeling this whole re-claiming unfair charges is about to be put on its head

And where the banks will be protected somehow by the OFT . I hope I am wrong.

 

BTW – Thank you Lateralus you have been a big help so far.

 

 

 

Oyster

 

how prophetic!

[jowalshy]

spooky

[freakyleaky]

Posted on the 5th April!!!

[lateralus]

yep, and oyster and others (including you two) did well to get your money while it was still a fairly smooth (if lengthy) process.

 

it does seem really unfair that they can just put up a wall and say - that's it - no more til this case is finished - which, let's face it, could take years.

i'd really have thought they would have seen through the ones passed the defence stage. i think, with the figures out this week, it has cost the banks much, much more than they first thought maybe a year ago and they finally took their heads out of the sand and got the big guns in to put a stop to it. what gets me more than anything - is it is still going on - they say they are now using a sliding scale on the charges but the end result is they are still charging way over what it costs them to notify you that you don't have enough to cover what is due to come out - then they pay themselves first every time - leading to further charges. it's certainly not fair, ethical or right. sermon over - now you don't need to go to church!

[Guest welshtart]

I'm not holding out much hope anymore after last weeks announcement. After sending all the relevant documents to the courts and sols, I'm just waiting now for a court date and whether the Draft Order for Directions has been accepted.

 

Guess it could be a very long wait and sounds like they will really start dragging their heels and milk this new idea for all its worth.

 

I suppose the worse that can happen is that I lose £200 for court costs etc. Hmmm, maybe I should've accepted that first offer now. Oh well, I'll still keep my fingers crossed but I won't hold my breath. Anybody else at the same stage as me, if you've got any advice please let me know. It'd be much appreciated.

[lateralus]

all you can do is read up and be ready to act

starting with this:Oft test case: what this means for you

 

so, just keep things moving along and if a stay is applied for - read up and be ready:~~## Stays info and guidance ##~~

 

yes, it's a real bummer - but hopefully things will progress and you'll get your money - it may just take awhile.

[Guest welshtart]

I know, and thanks. It's just very frustrating. Grrrrr!

[Castlebest]

untill your court confirm you have a stay all this is hear say, and yes they are milking it.... and from your comments and everyone elses its working :o

 

This is just another twist in the saga, we will find the loopholes and we will continue

 

pete

[phugh]

HI I AM DUE IN COURT ON MON 13TH AUG ,I HAVE NOT HEARD ANYTHING FROM HSBC ABOUT THE HEARING ,I SENT MY BUNDLE TO HSBC & THE COURTS END OF JULY .I PHONED THE COURT UP & THEY SAID THAT THEY 2 HAVE HEARD NOTHING FROM THE BANK ,SO I HAVE WROTE A LETTER TO THE COURT ASKING FOR JUDGEMENT TO BE MADE AGAINST HSBC FOR NOT COMPLYING TO COURT INSTRUCTIONS.IE (EACH PARTY SHALL DELIVER TO EVERY OTHER PARTY AND TO THE COURT OFFICE COPIES OF ALL DOCUMENTS [iNCLUDING ANY EXPERT REPORTS ]ON WHICH HE INTENDS TO RELY AT THE HEARING NO LATER THAN 14 DAYS BEFORE THE HEARING .HOPEING IT GOES WELL ON THE DAY ,PS I ASKED THE COURT HAD THIS CASE BEEN STAYED & THEY SAID AS OF YET NO ,BUT COME TO COURT AS EACH CASE IS DIFFERENT .I AM HOPING THAT I WILL GET JUDGEMENT THROUGH DEFAULT WHAT DO YA THINK !

RELIED ON IN COURT

[lateralus]

i think - you go! keep at it - no reason why they should be able to thumb their noses at the courts and you and then ask for a stay - it defies all the rules of the court.

and i want to know how you got that in all upper case - as when i do it - i comes out only a capital at the beginning of each word - i'm impressed!

[freakyleaky]

So Am I! I Can't Work Out How To Do It Either! nOW THAT IS CONFUSING! wHY DOES IT DO THAT?

[jowalshy]

Just Testing Upper Case Thing To See If I Have The Same Result As Lattie

[jowalshy]

WIERD!!!

[jowalshy]

HEEE HEE I HAVE FIGURED IT OUT (I THINK)