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allocation questionare, out of my depth?!


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hi all,

 

all of a sudden i feel a little outta my depth.

 

i`ve just recieved my allocation questionares and have two weeks to send them back (also barclays claim).

 

now its this close to court i`m starting to get a little scared!

 

so i need some advice please on what to put in "other information" section, my claim has been "standard" so far!

 

i`ve come too far to let "the fear" get the better of me now!

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Post 2 on this link is a good approach to take, so read carefully and see if its right for you.

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/78216-important-info-regarding-stays.html

 

TezViper

TezViper

 

I give advice not as an expert on law, only as a guy who succesfully claimed back £3385 from The Halifax. Followed by another £2611.

 

Lloyds TSB settled in full before hearing

 

Cap One offered full settlement and default removed.

 

If I help in any way then please donate to the site when you are succesful

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hi all,

 

all of a sudden i feel a little outta my depth.

 

i`ve just recieved my allocation questionares and have two weeks to send them back (also barclays claim).

 

now its this close to court i`m starting to get a little scared!

 

so i need some advice please on what to put in "other information" section, my claim has been "standard" so far!

 

i`ve come too far to let "the fear" get the better of me now!

 

 

Claimant: *********************

 

Defendant: Lloyds TSB Bank Plc

Claim Number: ****************

Section G – Other Information

 

The Claimant respectfully suggests that special directions may be made as per the attached draft order.

If ordered, 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 the hearing so that this claim may be processed justly and expeditiously.

The crux upon which this claim rests is 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, which have been 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 in order 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. Furthermore, the proposed directions are already routinely ordered in other claims of this nature in the Mercantile Court in London, as well as in 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.

The Claimant estimates that the hearing of this claim should last no longer than one hour.

 

 

Hope that helps. And dont be worried....we are all here to help XxXxX

If I have been helpful, PLEASE click the scales

 

 

You may receive differing advice as people have had different experiences. Please use your own judgement in deciding whose advice to take. If in doubt seek advice from a qualified insured professional. Any advice I offer is done so informally, without prejudice & without liability.

 

 

I WON !!!!

 

 

HERE WE GO AGAIN .... BRING IT ON

 

:D

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thanks for the replies!

 

curlychic, so do i have to fit all that in the "other information" box or am i adding a seperate sheet?

 

sorry to be so thick, very tired!!

 

i wish i`d have timed all this better, trying to sort this out with a 3 week old baby in the house aint much fun!!

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Yes, as Michael says, put it on a separate sheet.

 

In Section G other information box put the following:-

PLEASE FIND THE FOLLOWING INFORMATION ATTACHED TO THIS ALLOCATION QUESTIONNAIRE;

 

1) SECTION G - OTHER INFORMATION

 

2) DRAFT ORDER FOR DIRECTIONS

 

A COPY OF THIS ALLOCATION QUESTIONNAIRE AND ITS ATTACHMENTS WERE SENT TO THE DEFENDANTS SOLICITORS ON **/**/****

 

THE DEFENDANT BELIEVES THAT THIS CASE WILL LAST FOR NO LONGER THAN ONE HOUR.

 

Type the separate sheet up as the one i posted earlier, with Section G - Other information as a heading and make sure to include your claim number, etc

XxXxX

If I have been helpful, PLEASE click the scales

 

 

You may receive differing advice as people have had different experiences. Please use your own judgement in deciding whose advice to take. If in doubt seek advice from a qualified insured professional. Any advice I offer is done so informally, without prejudice & without liability.

 

 

I WON !!!!

 

 

HERE WE GO AGAIN .... BRING IT ON

 

:D

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so, do i also have to send a copy of the questionare and the attached sheet to the solicitors of the bank?

it dosen`t say that on the letter from the court that i recieved with the AQ.

 

curlychic in your last post you say attached is 1) other information and 2) draft order,

so is there something else other than the info in your first post i need to add?

 

you also say THE DEFENDANT BELIEVES THAT THIS CASE WILL LAST FOR NO LONGER THAN ONE HOUR.

should this read THE CLAIMANT BELIEVES..............................??

 

hope i`m not being to stoopid!!!!

 

thankyou guys

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so, do i also have to send a copy of the questionare and the attached sheet to the solicitors of the bank?

it dosen`t say that on the letter from the court that i recieved with the AQ.(its just kinda courtesy really, plus might push them to settle sooner)

 

curlychic in your last post you say attached is 1) other information and 2) draft order,

so is there something else other than the info in your first post i need to add? (yes the Draft order for directions...the link to this was posted by tezviper earlier)

 

you also say THE DEFENDANT BELIEVES THAT THIS CASE WILL LAST FOR NO LONGER THAN ONE HOUR.

should this read THE CLAIMANT BELIEVES..............................?? (ooops yes it should .... lol .... my mistake, sorry)

 

hope i`m not being to stoopid!!!! (Nooooooooooo your not .... lol)

 

thankyou guys

 

Hope that helps, if so please click the scales

 

XxXxX

  • Haha 1

If I have been helpful, PLEASE click the scales

 

 

You may receive differing advice as people have had different experiences. Please use your own judgement in deciding whose advice to take. If in doubt seek advice from a qualified insured professional. Any advice I offer is done so informally, without prejudice & without liability.

 

 

I WON !!!!

 

 

HERE WE GO AGAIN .... BRING IT ON

 

:D

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i`ve read thro` the post linked by tezviper,

 

post 2 states:-

 

"This may be especially effective to use on a second AQ in the situation as per the post above, where they’ve had a stay granted for settlement and then ignored all communication, because the judge would have clear evidence in front of him of an abuse of process in your own particular case."

 

so is this the "right" approach to take even tho a stay hasn`t yet been ordered etc?

 

i just dont want to over complicate things really!

sounds lazy, but its hard to find "quiet time" to read and understand some of the longer and more convoluted posts.

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This is the one you need. I would just supply the link, but cant find it at the mo.

 

This wont complicate things. It is simply a list of directions that you are asking the Judge to consider.

 

It also puts the 'willies' up Lloyds a bit as you in effect asking them to provide evidence....and they know they can't.

 

 

 

In the ********** County Court

Claim Number: ************

 

 

 

Between

 

 

************************ - Claimant

 

and

 

Lloyds TSB Bank Plc – Defendant

 

 

 

 

 

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 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 this 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.

 

 

 

As with the 'other information', this is also on a separate

 

XxXxX

If I have been helpful, PLEASE click the scales

 

 

You may receive differing advice as people have had different experiences. Please use your own judgement in deciding whose advice to take. If in doubt seek advice from a qualified insured professional. Any advice I offer is done so informally, without prejudice & without liability.

 

 

I WON !!!!

 

 

HERE WE GO AGAIN .... BRING IT ON

 

:D

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Just found the link if that helps. It will give you some more info on what the draft order etc is all about.

Go to the first couple of posts in the thread

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionnaires.html

 

 

XxXxX

:p

If I have been helpful, PLEASE click the scales

 

 

You may receive differing advice as people have had different experiences. Please use your own judgement in deciding whose advice to take. If in doubt seek advice from a qualified insured professional. Any advice I offer is done so informally, without prejudice & without liability.

 

 

I WON !!!!

 

 

HERE WE GO AGAIN .... BRING IT ON

 

:D

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