No Allocation Questionnaire

[loonpants]

Hi,

 

I'm doing a friends case for about 2.5k, moneyclaim has been submitted and their defence has been filed about 14 days ago, so i've been waiting for the allocation questionnaire to arrive. But it didn't. So i phoned the courts up and was told "there's no allocation questionnaire in this instance. The clerk was going to stick the file in the judge's pile (sounds painful) and there should be some indication of what's going to happen to it next week."

 

What does this mean? I've done claims for loads of people and this is the first time i've seen this happen? Should i be worred?

 

 

cheers,

 

 

loon.

[torigirl_uk]

I had exactly the same thing this weekend, so we just carry on waiting for the date of the hearing and we don't have to pay the £100 fee!!! Brilliant!!!

 

Its because the court are having soo many of these hearing that sending and recieveing the AQ is just wasting their time so they do it without them now!!!

 

Tori

[loonpants]

Ah, great. Even better! Thanks for the reply.

[Mr lex]

Hi Loonpants,

 

Tori is right, there is nothing to worry about. The Judge's are becoming fed up with 'Bank Claims' clogging up the system knowing that the Bank will settle before the Big Day. Unless it's an huge amount it will be sent to the fast track court automatically in 'some' county court's

 

Very shortly you will receive notification that your case has been transfered to your local court, and hopefully receive your court date not to long after.

 

Well done on getting this far and saving some fee's as well

 

Good Luck in the final stage's

 

Lex

[yummymummy]

Hi

 

Just had the same thing happened to me and was v. confused.

Thanks for reassuring me!!

 

Is it worth contacting tthe bank to ask for settlement at this stage or waiting for a court date?

 

Thanks.

Yummymummy

[dar£n]

yummy, the banks are so overrun with these claims they are not discussing settlement until around 1 week before the court date.

so im afraid you gotta wait a bit longer.

[yummymummy]

Thanks for that.

Oh well patience is a virtue!!

[torigirl_uk]

Guys we do have something to do!!! Here you go -

 

1. Send off

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.

 

2. Send this...

(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,

 

Hope this helps

Love ya

Tori:)

[dar£n]

Tori, I really hope you copied and pasted that - LOL.

 

Your advice is getting pretty dam good these days, ive been watching and must say im impressed.

 

not only are you learning I bet its boosting your confidence too.

 

keep it up babe

[loonpants]

That's fantastic. Thanks tori. That'll go out this morning.

[torigirl_uk]

I sure did copy and paste, don't think I'd have any fingers left if I wrote all that! Thanks soooo much for saying that it's really nice to hear! Have to say though, I'm getting a real kick out of getting my money back!!!!

Tori

[loonpants]

Any idea what i would need to send them to fulfil sections C & D of the special directions???

 

* 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.

[torigirl_uk]

not too sure, let me have a look round and see what I can find, but if anyone else knows please say!!!!!

[torigirl_uk]

Ok I think from this we don't have do any thing unless the Judge asks us to submit the things (want of a better word!)?

But I found this:

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!

I hope this helps! If not is there some one who knows this better than I do out there to help us?!!!!

tori:)

[jmuggali]

Hi, would you also enclose the draft order etc along with the letter to the bank solicitor? Thanks for all the advice.

[loonpants]

Ah, fantastic. I won't worry too much at the moment then.Thanks again tori_girl.

[yummymummy]

Thanks Tori. Sending it out today. You're a great help and inspiration!!

[cheeky1]

Hi,

Just found this thread, and was merrily sitting back doing nothing, which was what all the other threads seemed to be saying!

 

Should I send these letters to the court - had no allocations questionnaire, but I have now received a date for a directions hearing - 30th May. Would it be wise to send these letters before the hearing?

 

I've read the guides on what to do, but they don't really make it clear what I should be doing, and I'm getting confused again!

 

Gayle

[loonpants]

Now they're arranging a phone hearing for the 28th june. Another first for me, is this normal too???

[torigirl_uk]

Cool - how modern for the courts!!!! Not heard of this before, but I think it just shows just how fed up the courts are getting with the banks and aren't even giving them court space!!! I'm still waiting for a date, so I'll keep watch and see how you get on!

Tori:)

[CAZKATJOE]

Hi Cheeky1,

 

Just a thought, if your have a directions hearing on the 30th May, have you tried phoning for a settlement.

A lot of people have been phoning and saying they have a court date (dont tell them its a directions hearing!!!!!!!!). Then BB seem to be settling, worth a go you have nothing to loose.

Try today and let us know how you get on,

Caz

[loonpants]

AH, right. I'll get him to give them a ring in a bit. I'll let you know. Cheers.

[loonpants]

Is he phoning customer services or the solicitors???

[fightforyouright]

I called the BB litigation team today and informed them that I am considering going away next week for 3 weeks so it might me difficult to contact me about settlement. She said that she contact the accounts team about the charges and call back before next week. I have not yet had my hearing date but it's worth a go I think.

[torigirl_uk]

hey sorry to butt in, but I too am going away late next week for about 3 weeks, so I think I may try to give them a ring, when the boss is away and sneak a phone call!!!