thorx vs hsbc

[Castlebest]

Good for you, there's a thread dealing with completeing the AQ somewhere here, cant remember where though

 

pete

[pinkduchess]

theres a few bits in here relating to the AQ & how to fill it in

Can't Find What You're Looking For? Here's A Complete A-z Index

[Castlebest]

I can never remember where that is either

 

pete

[lateralus]

aq info:

Allocation Questionnaires - A guide to completion

this is your step by step completion guide -and here is:New strategy for Allocation Questionaires

and here is how to use it:

for section g of the n149 (section h on the n150), use the wording in blue on post #3 of new strategy link, and then attach draft order for directions - use wording on post #2 of new strategy link(the bit in blue) making sure to add your name and court claim number to all pages. simple as that. just follow the steps with these two minor additions. the draft order is just asking the judge to order both parties to lay out their wares within 14 days of him ordering it - so it shortens the length of the time to a court date - and as dg/hsbc/all banks don't want to do it - they will pay up by offer or just not file their aq in which case you also win.

[thorx]

I received letter from court today, thought it would be the AQ.

 

But no! It was actually an order from the judge saying that provided DG can confirm in writing within 21 days that 'there is any point of law to be decided in this case which will be decided by the court in the test case' then he has ordered:

 

1. This action to be stayed pending the final decision of the test case

2. DG must within 21 days of the end of the stay file at Court and serve upon the claimant a brief case summary and proposed directions

3. Liberty to either party to apply on notice to vary and discharge the order.

 

The order is dated 16 August so I'm confused as to why I was told by the clerk there was an AQ ordered on the 24th? It doesn't make any sense..

 

So does this sound like a proper stay or is it a warning that a stay is going to be ordered as long as DG send in the paperwork within 21 days? Do I apply to have this order set aside using the N244 form or can I not do that until a stay is confirmed. I'm confused...

 

The other thing that's confusing me is the fact that there is no date mentioned. Every post I've read about stays mentions them being given a specific date, but this letter only says 'pending the final decision of the test case'...

 

help!!!

[Castlebest]

Looks to me like a case of paperwork catching up, I think you will get an official stay from the court soon then you can ask to have it lifted

 

oh what fun

 

pete

[thorx]

I guess you're right, but I feel a bit helpless just waiting to see what I receive. The letter states 'If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it'. The question is what would I be asking to have set aside as the order only says the judge will stay the case if DG provide information in writing within 21 days at 4.00pm...

[Castlebest]

I suppose you could write to your judge and object to the stay anyway to try to stop it being placed but where that would leave you if he places it anyway I dont know.

 

You could have a go at getting any further charges suspended at the same time, have a look t post #197 on my thread and PM me your email addy if you want to try the whole thing.

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/85633-castelbest-ii-return-claims.html

 

pete

[thorx]

I might as well just wait and see what happens I think. I'll call the court on the day the 21 day period expires to see if DG managed to get the stay in or not (I'd be surprised if they don't), and then I guess next step is to apply for it to be set aside.

 

Your letter looks good, but I don't use the account anymore so I don't really care about new charges. Thanks for offering though

[Castlebest]

I dont use mine either but the $%%&^^% are still charging me !!

 

pete