A Couple Of Queries ***WON!!!!!!***

[Laura Cooke]

Thanks GuidoT your comments accepted and taken on board will cash the cheque tomorrow still think they are cheeky to pay me 8% whilst I was charged 39.8% by them but there you go

[Laura Cooke]

Bank have till 7th March to put in a defence then what?

[BARTY]

Hi Laura

You should receive a copy of their defence and an Allocation Questionnaire to fill in. Have a look at the couple of links below to help you with that:

http://www.consumeractiongroup.co.uk/forum/general/57708-draft-order-allocation-questionnaires.html

 

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

 

Barty:)

[Laura Cooke]

Court sent me a copy of Notice Of Issue at bottom of this is a Request For Judgement wondered what I did with this thought it meant that had to send or take this into court if they don`t pay? didn`t know I had questionnaires to fill in, do the defendants send this questionnaire? and when I have filled it in what do I do with it?

[GuidoT]

All normal, this is for if LLoyds do not file a defence.

 

Unlikely you will have to complete it, they usually file one at the last minute.

[Laura Cooke]

Thanks Guido T, when will I get this questionaire that as to be filled in and when does it have to be filled in for? does it go back to the court this questionaire?

[Michael Browne]

It will be sent to after they file a defence, you have 14 days to return it to the court.

[Laura Cooke]

Thanks Michael appreciate you answering my query

[Laura Cooke]

Advice needed Lloyds TSB should have filed a defence on my sons claim by 7th March they haven`t now what?

 

If I have to fill this judgement shall I tick A The defendant has not filed a defence? then sign and date it at the bottom?

 

 

 

D Judgement details should I tick order defendant to pay Immediately or in full by?

 

Total owing was £645 + £40.50 interest= £685.50 as of issue date 13th February

 

What interest should I put where it states interest since date of claim Period: From? To? Rate %?

 

I am in my town tomorrow at 9am was hoping to take this in but don`t expect to get answers to these questions before then

[GuidoT]

Do not get too excited, there are downside to judgement in default as below:

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/48946-curli-lloyds-tsb.html#post572354

I would give it a few more days, they usually to file defence, albeit a bit late sometimes.

[Laura Cooke]

Son received Acknowledgement Of Service today what happens now?

[Advoc8]

They've another 14 days to file a defence (acknowledging service buys them this time). Sorry, more waiting.

[Laura Cooke]

Thanks for the info Advoc8

[Laura Cooke]

Received today a defence from Lloyds TSB filled in the allocation questionnaire as advised by Barty 26th February. Any more advice before I return it Monday, I have put No to Fee as my son is on benefits and paid nothing to file it at court

 

What happens next after allocation questionnaire goes in which we have till 2nd April to take in

[GuidoT]

No AQ fee is required anyway, as your claim is below £1.5K if I remember correctly.

 

Lloyds usually make a full offer at this stage. If they do not next stage usually is the judge will issue directions and a hearing date.

 

Have you used the New Strategy Order?

[Laura Cooke]

Thanks for reply GuidoT not sure what New Strategy Order is? copied the wording for the questionnaire from the guide to completion left by Barty further up the thread

[GuidoT]

This is the New Strategy link that explains it:

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

It can be a lot to take in essentially you insert these words in Section G of your AQ:

'The Claimant proposes the attached draft order for directions, for the courts due consideration. If ordered, the Claimant believes these directions will allow the overriding objectives to be furthered in that they will fully identify the most fundamental issues in dispute (as detailed below), and allow them to be assessed so that this claim may proceed justly and expeditiously.

- The crux upon which this claim rests is the true cost incurred 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 UTCCR 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 denied), 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.

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 the claim be allocated to the small claims track, and estimates that the hearing of the claim should last no longer than one hour.'

And attach this (as Barty's post 103 above):

http://www.consumeractiongroup.co.uk/forum/general/57708-draft-order-allocation-questionnaires.html

Take your time, you have a while yet. The New Strategy should speed up the settlement process.

[Laura Cooke]

I wrote in Barty`s thread in section G as no one else came forward with anything different when we last discussed this questionnaire,

 

So will I have to go back to court and ask for another questionnaire and put in what you have stated above instead?

 

Don`t know what you are telling me to attach? do you mean the bit that I have put into G section that should not have gone in there off Barty?

 

I hurry with it as it gets me down all this, I just want it out the way I fret I may forget to fill it in so want it back out my way hence I filled it in staightaway with what Barty suggested but looks like this was wrong now with what you are now saying, it`s hard with conflicting advise

[Advoc8]

If you want another form you can complete and print one from here.

 

There are a couple of different approaches to completing the form, no one is more 'right' or 'wrong', but one might get you a quicker settlement.

[Laura Cooke]

Thanks for that Advoc8 so shall I fill that in and also attach a seperate sheet with what Barty suggested for section G?

[Advoc8]

If you mean should you follow Barty's guidance a few posts up I don't see any reason not to.

[Laura Cooke]

What is this draft order do I have to take that as well whatever it is with the questionnaire seen Barty`s post but I have no draft order and do not know what it is do I have to take proof of bank statements to court with the questionnaire?

[Advoc8]

You must re-read post 117 (earlier in the thread). Did you do what he suggested?

 

What did you put on your AQ?

 

Bank statements are not needed with the questionnaire.

[Laura Cooke]

Yes I put in section G word for word what was recommended in post 117 then when I looked tonight wording had changed so had to do it all again, but I have no idea what this draft order is I can read it on posts but no idea where I download it from been looking at other posts all evening but no mention of where to get it from and unclear if I have to write on it or what, be relieved when all this nightmare ends keep thinking it will get easier but it`s doing my head in I have no idea what I`m meant to do next filled the allocation in I`m as sure as i can be that`s ok but this draft no idea

[Advoc8]

Draft order is here.

 

Hope that helps, don't worry - it looks more complex than it is and it sounds like you're nearly there.