Oh dear.....think I might have a problem

[Nick SPX]

I foolishly shredded my bank statements after making my schedule.

 

I am now in the process of filling out my AQ and I see that I will need to attach these at court stage.

 

Any advice on what to do now ?

[Micky the Hippo]

attach the statements themselves?

 

the schedule of charges isn't it?

 

I may be wrong

[Nick SPX]

I have shredded the statements..........

I made the schedule from the statements.

[torigirl_uk]

Do you still have a copy of your schedule on a computer saved some where?! If you do just print another off and send that. Not too much can be done about the statements now, unless of course you requset them again!

Tori:)

[Micky the Hippo]

yes

 

are you quite sure that you have to attach the statements themselves?

 

until now I'm under the impression that it's always the schedule of charges that is sent to people, the statements play no further part in proceedings once you've got a schedule of charges

[dar£n]

Tori is right, if theyre gone theyre gone.

You should still have your SOC's on your spreadsheet.

 

question have you shredded ALL statements or just the ones without charges, if so this doesnt matter its only the charge ones that are needed.

 

my advice it to continue, its not ideal, but build your bundle as norm and submit it when the time comes, hopefully they wont examine it too close to discover your mishap,

[dar£n]

yes

 

are you quite sure that you have to attach the statements themselves?

 

until now I'm under the impression that it's always the schedule of charges that is sent to people, the statements play no further part in proceedings once you've got a schedule of charges

 

hippo part of your bundle is the statements with charges, you have to be able to show where you obtained the information held in your SOC's

[oneofakind]

with any luck, you'll never actually need to use the statements, if they settle in time. Part of Barclays standard defence is to claim that you haven't supplied sufficient information about the charges. Don't let that worry you; they say that to just about everyone.

 

Most importantly;

 

DON'T TELL THEM WHAT YOU DID !!:o

 

[Nick SPX]

Thanks for your help people, am a bit nervous about this all now it's going to court.

 

I am trying to fill in the 'Other Information' section on my AQ.

 

I have read the guidance and will write something like this:

I believe that this case will last no longer than one hour.

I respectfuly request that the attached draft direction be made in to an order.

(then attach the draft direction).

 

Is this enough. I originally wrote a load of waffle but the judge will see my particulars etc.. and I see no point in repeating it all.

 

Thanks

[Nick SPX]

Hold on, I've just found more directions, think I may be sorted.

 

Ta

[Micky the Hippo]

sorry for the bogus post Nick

 

I'll leave you in the hands of the capable and expert

[dar£n]

Hi here is the link for the correct completion of AQ's, this has been tested with success.

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

[dar£n]

sorry for the bogus post Nick

 

I'll leave you in the hands of the capable and expert

 

No worries Nick, look on the bright side you have learned something new today.

[Micky the Hippo]

yes, I really shouldn't be advising people beyond where I am, especially as I'm furiously not reading ahead further than the next stage

[dar£n]

I really shouldn't be advising people beyond where I am,

dont put yourself down mate, you have posted some good advice.

and concerning advising beyond, you are obviously reading posts that are beyond yours so you ARE actually knowledgable in the later stages.

the point is you are here trying to help others, thats what makes CAG so good.

[Nick SPX]

I was just thinking that, what with point b) o the draft order, mebbe it would be best If I didn't include it and instead just put this:

 

Section G - other information

If the court is in agreement, the Claimant respectfully requests that special directions may be given as per the attached draft order.

 

The Claimant proposes these directions in mind of the Overriding Objectives, and in particular the duty of the parties to help the court further them. The issues outlined below are the crux upon which this claim rests, and the proposed directions identify these issues and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously;

 

- The actual loss suffered by the Defendant as a result of the contractual breach from which its charges arise. If the Defendant cannot substantiate the cost of each charge as proportionate to its loss incurred, it has charged contractual penalties contrary to the Unfair Terms in Consumer Contracts Regulations 1999 and common law principles established since the early 1900's.

 

- In the event that the Defendant's charges were accepted as being a fee for a contractual service (which is refuted), examination of its true costs is required to determine whether the price is reasonable as required by the Supply of Goods and Services Act 1982.

 

The Claimant believes that if the Defendant has the serious intention of defending this claim at trial as is indicated by its defence, that it is incumbent upon it to disclose such information.

 

Additionally, the Claimant is aware that the proposed directions are now routinely ordered in claims of this nature in the Mercantile Court in London, as well as in small claims track cases in Leicester, Derby, Chesterfield, Willesden and Mansfield County Courts.

 

As the law relating to contractual penalties is long established, the Claimant believes the outstanding issues to be of fact. Accordingly, the Claimant respectfully requests that this claim be allocated to the small claims track, and estimates that the hearing of the claim should last no longer than one hour.

[Nick SPX]

I've had a think and I might just send it all out as is If I can't attach the statements I can't.

 

Worst comes to the worst I can apologise and do another DPA request.

[dar£n]

I've had a think and I might just send it all out as is If I can't attach the statements I can't.

 

Worst comes to the worst I can apologise and do another DPA request.

 

Nick, you DO realise that it is only your SOC's you send to the court and B's, youre statements go in the court bundle.

[oneofakind]

Beat me to it again, dar3n!

[Nick SPX]

Hi,

 

Sorry to be a pain. In a bit of a fluster here.

 

So, I need to fill in the AQ with the format as per the guidance (already done). What do I need to attach to it. I have attached the Draft Order and the Other Information as per guidance.

 

What are B's ?

 

I was going to do another SAR and send it off today (in case I have to include in the bundle later on). Is this a good idea ?

 

I was under the impression that I would be asked for the court bundle at a later date.

 

They didn't even send me an N149, just the Notice of Transfer of Proceedings. Do I wait until the court send me the N149 and then fill it in rather than straight away sending one in to the court?

 

Am getting a bit stressed so sorry if I keep asking the same questions....

[lthomp192]

dar3n is referring to B's for Barclays. (send doc's to court and also copy to Barclays).

[dar£n]

So, I need to fill in the AQ with the format as per the guidance

No, tell you why later

 

What are B's ?

sorry to confuse you, thanks thompy

 

I was going to do another SAR and send it off today (in case I have to include in the bundle later on). Is this a good idea ?

No, unless you make out you are going to claim for the twelve years if they query it

 

I was under the impression that I would be asked for the court bundle at a later date.

Once you get your court date, the judge will give you a time limit of no later than 14 days before the hearing to submit your bundle, one copy to the court and one to B's [barclays]

 

They didn't even send me an N149, just the Notice of Transfer of Proceedings. Do I wait until the court send me the N149 and then fill it in rather than straight away sending one in to the court?

this is why i didnt say at the top....It looks like the judge has decided he doesnt need an AQ from you so has skipped to the transfer. good news for you

 

Am getting a bit stressed so sorry if I keep asking the same questions....

no worries about the questions, just stay calm and deal with one issue at a time ok, there are enough people on here who are willing to help.

If you need instant guidance go into the chat room

 

 

 

 

 

ALWAYS SEND YOUR LETTERS BY RECORDED DELIVERY...

IF YOU HAND YOUR BUNDLE IN TO THE COURT - GET A RECEIPT THAT SAYS THEY HAVE RECEIVED IT

[Nick SPX]

Thanks Dar3n,

 

I have stopped everything now until I hear from the court.

 

I think it would be a good idea to ask for the statements again though, do you not ?

 

It wil surely take more than the 40 days before I am asked for the bundle and they responded pretty quick last time........