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Is your court dispensing with the Allocation Questionnaire?


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I posted this 22/6 no answer as yet, can anyone help me out here please?

Hi Bookworm

 

My case has been t/ferred and AQ dispensed with. It went to the DJ in May, nothing heard since, so rang CC they basically said do not worry about sending anything until asked for by DJ and just wait to hear from him in any case. Do you think I should do this, or move forward by following this thread? I really want to get things moving if I can but don't want to upset the DJ or the court, please can you help?

 

Also I already had statements for the last 4 years which was when I got first charges levied (not bad considering had the account for about 12 years). So I did not send a S.A.R - (Subject Access Request), which I assume will not be to my detriment? You said to include the bank notification letters from different occasions when they levied a charge, I have not kept any, does this matter?

 

Sorry for so many questions and hope you don't mind answering them if you can.

Thanks very much

Simon

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is it possible to link this thread - or the other one - "new after 28 days no AQ" to the Step by step instructions please ? I know a few people who have missed the recommended actions as they are in a thread.

:-) if is is there I apologise - I could not find it,

Jansus

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

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ok i figured it out now. I am sending a nudge letter to the abbey and a letter to the court suggesting the draft order. will let you guys know how it goes on my own thread.

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My court has dispensed with the AQ. on the new strategy for dispensation of AQ, when I write to judge wiht the draft direction and covering, is it worthwhile to write to my bank's soliciors (lloyds) re first nudge? My head is completelely pickled! Thanks,

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I am helping my dad to reclaim his charges and he has been sent a CPR18 with a defence from Cobbetts (Natwest solicitors), He also received a transfer letter to his local county court which also orders that the AQ be dispensed with unless the DJ orders otherwise. Should we respond to the CPR AND submit a draft order for directions? I have just sent a nudge letter to the solicitors, but am unsure what to do regarding the draft order and the CPR - any ideas?:?

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  • 2 weeks later...

hello all I wish I understood all this just when I think Ive cracked it, read all these links, statement of evidence, disclosure by list, draft orders for directions , witness statement I still dont know what im doing

My form of judgment n24, states 'the AQ has been dispensed with and I may appear or make representation as to how the case should proceed' is this what you say send a draft order of directions? My hearing date is 14 August. I have already sent some documents to solicitor and court and more letters to solicitor and barclays asking for copies of T& A and for a detailed breakdown of the true costs of administering the charges. I have emailed the litigation shona daboul also. I am worried now that I have missed out things!!!!!!!

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RE my post number 76

 

Oldham have also dispensed woth the Allocation Questionaire

 

Oldham have asked for an AQ in another cliam i have there, so its deff hit and miss, the claim asking for the AQ was filed a couple of weeks after the one they didnt want AQ for, and the amounts are quite similar

:madgrin:

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Northampton Court (Started it all through MCOL) have said:

 

Without hearing it is ordered that:-

 

1. the filing of an allocation questionaire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise

 

It has been transfered to Nottingham although they have not written to me yet.

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Northampton Court (Started it all through MCOL) have said: Without hearing it is ordered that:-

1. the filing of an allocation questionaire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise

 

All MCOL claims (Northampton Court) have this as standard. However, your local county court may still be issuing the AQ. You should hear from them within the next few days - and you'll know for certain whether you need to complete the AQ when you do.;)

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There is a template letter to accompany the Draft Order here:

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/78873-new-after-28-days.html#post695176

 

Excellent, thanks. :-)

 

I just wanted to clarify this:

 

The "excellent, thanks" was referring to the original post there. It seems that that post has undergone a few transformations since, and there is one aspect I need to clarify (although off-topic here).

 

I do not condone the use of "nudge" letters, being sent every couple of weeks to the solicitors.

 

They are the closest thing to an own goal I can think of. They achieve no particular purpose, they clog up the other side's resources (which wouldn't be a bad thing in itself, were it not that it is *our* claims that they are dealing with), they will not get you a settlement any faster, and worse of all, they show the other side that you are an amateur who are so scared of going to court that you are still doing the running long after you should have stopped.

 

Imagine the reverse scenario: You are being sued by whoever. You have now received your N1, and have sent in your defence. The court date is getting closer. Is the company pursuing you still sending you letters saying "you can still avoid this, you know, if you pay us now"? Like hell, they are. Because it is up to you, the defendant, to stop the action if you don't want to face the judge.

 

You have faced up to the banks after years of bending down, you are finally getting the upper hand and saying "enough is enough", and yet, in your heart of heart, you are still being a victim. Because that's what a nudge letter is: It is still you going to the bank cap in hand to beg for what's lawfully yours. And the worse thing is that you are doing that for nothing, as it won't get you anywhere faster. If anything, it may well be that it is achieving the opposite result, since you have shown that you are so scared and know so little of the legal procedure. Why? Because one thing is certain, if the bank finally decide to pick on a case to try and strike a blow against all of us, they'll pick on one of the more timorous, less savvy people, someone who has quite clearly shown that they really, really, REALLY don't want to go to court. If I were one of the solicitors looking for such a case, nudge letters would be like little white flags sticking all over one's file.

 

But I can't tell you how to run your case, all I can do is give you my opinion. What I don't want is look as if I endorsed something as pointless as that, and the above post gave that impression. I have now corrected this, and thank you for your time if you're still reading. ;-)

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I agree with that bookworm, although there are some debatable points, like if you do nothing will you be ignored ? and if your details were mislaid or overlooked you would never know? I have emailed Sharon Daboul, as advised previously on here (with the brief template letter about 'I realize from your defense that you do not agree with my legal analysis etc...' and she replied instantly, saying she was looking at the merits of claims for up to end July and would look at my claim nearer the hearing date. I emailed her last night, saying that as it was only 3 weeks to my hearing date (14th August in Cardiff Court, against Barclays for £1,091.76) has she been able to look at the merits of my claim, she replied within the hour that she would be away till 6th August and to contact Paul Haut if I had an urgent query. Do you think this will damage my claim or are there more nudges going on than these brief emails??? I don't want to jeopardies myself or anyone else's claims!!!

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I couldn't agree more with you Booky.

 

olden, if nudges have already been sent then nothing can be done about that now, but I wouldn't send any more. As to the "looking at merits of claims" claptrap, that sounds like a ploy to fob you off until then. Of course they aren't going to admit to agreeing to your legal analysis. If they did they'd just pay up without a murmur instead of trying to frighten you off by defending.

 

The tried and tested processes work, with remarkably few exceptions, so I suggest that you just do whatever you need to do to prepare for your court date and wait for them to come running to you in a panic when they see that you are standing firm in your resolve to get your bank charges back. In the unlikely event that doesn't happen, you will be ready to take them on in court, and when you win, it will be another nail in the bank charges coffin.

 

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I understand the meaning behind what you are saying, but on the same score surely we have to show we have tried to reach settlement without taking it to court, and have tried every last resort, rather than just rushing into the court straight away, is it not going to be in the claimants interests and would it not help if the case comes before a court that it can be shown how unreasonable the defendant has been by ignoring attempts to settle outside court.

Dont get me wrong i am not rubishing what is being said here, i just think we have to be seen to be giving the banks the opportunity to settle instead of them asking for stay to negotiate, we would have grounds to appeal a stay as we could prove we have already made serious attempts to do so

:madgrin:

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I understand the meaning behind what you are saying, but on the same score surely we have to show we have tried to reach settlement without taking it to court, and have tried every last resort, rather than just rushing into the court straight away, is it not going to be in the claimants interests and would it not help if the case comes before a court that it can be shown how unreasonable the defendant has been by ignoring attempts to settle outside court.

Dont get me wrong i am not rubishing what is being said here, i just think we have to be seen to be giving the banks the opportunity to settle instead of them asking for stay to negotiate, we would have grounds to appeal a stay as we could prove we have already made serious attempts to do so

 

Well, no. the CPR state that one month is sufficient time to try and settle before initiating court action, which is of course why our letters give 14 + 14, BEFORE court action.

There is absolutely no reason to respond any more, apart to Court Directions, and responses to offers to settle from the Defendant, tbh. You already have done all you could to try and stay out of court, now let them do the running around if they don't want to go in front of the judge. Simple as that. Honestly. ;-)

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interesting twist I have had my AQ dispensed with and a directions order date given in about 4 weeks time, I have just taken in the suggested draft order for directions printed from here which was great and expected to pay for the allocation usually £120 i think but the lady at the court said they were no longer charging as so many banks seem to settle prior to any court date at 11th hour. Is this the norm this was in Plymouth CC

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