The Bloodster vs Nat West

[fendyweather]

Its fine whichever way you want to look at it. Dont do anything that the Cobbets ask for. Only do what the courts ask for.... End of........ I have exactly the same. The AQ has been dispensed with, its a new thing, only started happening since beginning of April. You just need to send letter with draft order for directions to the court its been changed to i.e your local court............. here you need to read this. This is what I responded with:

 

 

Totally new - as of yesterday 1st April- peeps are getting this from the court:

 

We have received the Notice of Transfer of Proceedings and with this is another sheet of paper saying that

 

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

 

We can assume that the courts are so innundated with cases (and allocation questionaires) that they have decided to take this step.

It would appear that it means the judge MAY OR MAY NOT require an AQ to be filed. It suggests to me that the judges are fed up with the banks using the system to stall when they are perfectly aware that at the end of this great stall - the banks settle and the court system is being played to the bank's advantage. I think we will see the local judge doing one of two things - either requesting an AQ which I'm sure you will be made aware of by post OR: and think this is more likely- the judge will set a court date much earlier.

 

OK, don't panic at that info - this is, in my view, good news - as it will shorten the whole process. Let's see where this goes - it's too new to call. Most of you are aware - we are just people like you - watching and seeing what happens but the best guess is it means the banks will be forced into action much faster.

 

My one suggestion, so far is to send DG a letter - this lets them know that you know what's going on and it is you making an attempt to get them to move it along and will be seen by a judge in a very favourable light.

 

Here is a letter you could send when you receive that notice from the court:

 

(ADDRESS THIS LETTER TO THE SOLICITORS DEALING WITH YOUR BANK/INSTITUTIONS LEGAL CLAIMS - THIS IS HSBC INFO)

DG Solicitors

12 Calthorpe Road

Edgbaston

Birmingham

B15 1QZ

 

Re: XXXXX - v - HSBC

account no,

claim no and filing date(mcol).

 

It has come to my attention that as of xx/xx/07, ( date of the letter from the court) that an Allocation Questionaire may not be required in this case.

 

I am mindful of the vast number of claims with which you are currently dealing. In order to more speedily resolve this matter, I am willing to accept the sum of £xxxx. (rounded down to nearest pound-keep this as your full amount including charges, interest and court filing fee). I do not agree to waive my rights in respect of any other actions, nor do I agree to a clause of confidentiality.

 

I hope to hear from you very soon so that a reasonable conclusion to this claim might be achieved. I am sure that the courts would approve of our settling this matter in a timely manner and without their further intervention.

 

For your records, I enclose another copy of my schedule of charges. I look forward to hearing from you.

 

Sincerely,

 

 

 

 

There will inevitably be a lot of discussion about this (the new approach by the court) and I think it would be a good idea to keep the discussion in one place and also have a place to refer to when people don't get the response at the end of 28 days that we have so confidently predicted.

 

It may come to pass that local judges will ask for the allocation questionaire and if they require one - it will undoubtedly be sent from the local court to the parties involved ( and the traditional 14 days or so to a filing deadline ). So until you hear otherwise, if the message received is that the AQ may be dispensed with in this case - take it that it has been until you hear otherwise.

 

Let the party begin.................... .

 

 

TO OTHER FORUM USERS: WELCOME, THIS IS HERE SOLELY BECAUSE I HELP WITH THIS FORUM - I DON'T SEE WHY ANY OF IT WOULDN'T APPLY TO ANY OTHER BANK/INSTITUTION - FEEL FREE TO ADD TO OUR THREAD AND USE ANY INFO -

 

And here is one of the moderator's take on this:

Is your court dispensing with the Allocation Questionnaire?

Bookworm

 

Another thing: I wrote this thread: When you have filed your AQ................ for peeps when they had filed their AQ's.

If you haven't yet had to do an AQ - some of the info is still very pertinent to what to do next. Take a look and see how you can vary it and use the info to help you in dealing with the court and DG. Obviously not all of it is relevant - but some of it is and may help.

 

 

HERE'S ANOTHER BIG ADDITION TO THIS THREAD AS OF FRIDAY 6 APRIL

 

It has been suggested by Bookworm in this thread:

Is your court dispensing with the Allocation Questionnaire?

that if you find yourself in this position - you send the Draft Direction to the court you've now been transferred to - the same as if you were filing an AQ using the new strategy:

New strategy for Allocation Questionaires

So, this would mean a cover note like this:

 

 

 

 

 

 

 

 

[Your address]

The Court Manager

****** County Court

Court Address

Court P/code

 

 

[date]

 

 

 

 

Dear Sir/Madam

 

 

 

 

You -v- Bank Plc

Claim Number: *******

 

 

 

It is noted that in my case referenced above that the Allocation Questionnaire has been dispensed with. I am aware that this is likely due to the large volume of claims that consumers are bring against the high street banks. I am also aware that to date the banks have failed to defend a case in the courts and that they often use the court process to extend and delay the period of time within which they deal with these matters satisfactorily.

 

 

 

In light of this the Claimant respectfully suggests that special directions may be made as per the enclosed draft order.

 

 

 

The Claimant believes the proposed directions will further the Overriding Objectives in that they identify the most fundamental issues in dispute (as detailed below), and allow them to be assessed in advance of any hearing so that this claim may proceed justly and expeditiously.

 

 

 

- The crux upon which this claim rests is the true 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 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 on it to disclose such information. Further, the proposed directions are already 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, Northampton 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.

 

 

 

Yours faithfully,

 

 

 

 

[name]

 

 

 

enc: Draft Order

 

 

 

 

THEN ON A SEPARATE PIECE OF PAPER - THIS:

 

 

 

 

 

 

 

Draft Order for Directions

 

 

 

 

1. The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

• a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made;

• b) Copies of any statement or other document relied upon as showing that each and every charge has been made;

• c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;

• d) Copies of decided cases and other legal materials to be relied upon.

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

 

 

2. The Defendant shall within 14 days thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed;

• a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;

• b) Whether such charge is accepted to be a penalty, and if not why not;

• c) If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was;

• d) If such charge is not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable.

• e) Any witness statements.

• f) Copies of decided cases and other legal materials to be relied upon.

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

 

 

 

 

AND ONE FURTHER BIT OF INFO - I KNOW IT'S DRAGGING THIS POST OUT BUT I THINK IT BEST TO HAVE AS MUCH AS POSSIBLE ALL IN ONE PLACE SO:

 

If the judge were to grant the draft order it would mean that when the court asks for the info - this is it, in triplicate (one set for you, one for the court and one for dg) - so DON'T do this until it is ordered by the court and it is about 5 days from being required as it is a heck of a lot of copying - probably over 200 pages times 3.

but this is the info that would be required should the draft direction be made an order:

 

If the judge agrees with the draft order and makes it a direction, it will come back to you and you will have at least 14 days (the date will be on the paperwork) to send in four things:

 

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!

 

COPIED AND PASTED FROM ANOTHER POST........ Just in case anybody needs it. Fendy xxx

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[fendyweather]

I try Hedge, I try.......... Lol xx

[fendyweather]

Hi Martin, I was actually directed to this bit by Michael Browne when I got the same letter saying the AQ was being dispensed with. So hence, thats how I knew how to handle this. Thanks to Michael Browne. Not me......... Lol. Bless. Fendy xx

[fendyweather]

To be on the safe side sent another copy of your charges spreadsheet to them by recorded delivery, and together with the info above, draft order for directions etc. all by recorded. That way you can prove they have had your list of charges........... in detail. All the best. Fendy xx

[fendyweather]

Your claim is less than 5K. You are not obliged to respond to CPR part 18, unless the court specifically asks for it. So no, dont respond to that, other than to send list of charges. End of....... with the letters Ive posted above, but remember to copy in court.

 

xx

[fendyweather]

Hi again,

 

1) Yes, include interest up to the date of the letter you are sending, remember total rounded down to nearest pound.

 

2) Up to you whether you include the £5 statement charge. I didnt, but you can if you like. Thats entirely up to you, but it might be seen as a nice gesture by judge if you dont bother putting it on, i.e. you conceded you havent tried to claim this back, i.e. making you look like a person who has tried to negotiate already, to the judge.

 

3) Yes, you send a copy of the letter to the court, definitely....... by recorded, so they can see your attempts at negotiation prior to going through the court system.

 

All the best. Go get em tiger.

 

Fendy xx

[fendyweather]

Go get em bloodster, and youre also showing them in the process that you wont be intimidated............ brilliant. I will keep an eye on your post as its as exactly same stage as mine so, keep it updated would you please. thanks. Fendy xxx