New strategy for Allocation Questionnaires

[Robhughes]

You beauties. Thanks one and all. I'm off to type my whole order of court into my thread on the abbey forum just to be on the safe side.

Cheers, Rob

[TANZARELLI]

Thanks Westy, all encouragement gratefully received. One question about which I'm still unsure however, is what to put in the Statement of Evidence to support my claim for contractual interest i.e. the "implied mutuality and reciprocity". Anyone got any ideas?

 

Hi rob afraid i miss read your post earlier as was at work, re the Implied Mutuality and Reciprocity, i thought you were at an earlier stage and was going post a copy of a POC, your obviously well past that so no need.

 

PM I beleive NWTMM was also referring to an earlier post i had made. It seems MB et al have posted some useful stuff now anyway.

[Robhughes]

Hi tanz,

 

It was a piece for my witness statement regarding contractual interest I was after - looks like Michael and Westy have come up trumps with that, but thanks all the same

[TANZARELLI]

Hi tanz,

 

It was a piece for my witness statement regarding contractual interest I was after - looks like Michael and Westy have come up trumps with that, but thanks all the same

 

No probs, you know what its like when your sneeking a few mins here and there at work with out the boss catching you and giving you the sack, only scanned your post. sorted now thats the main thing.

 

Tanz

[leviathan]

So what form would the final statement in section G look Like?

 

Would it include this?

My Apologies folks, it's just that my AQ needs to be taken down to the court today, thats all

 

Re: New strategy for Allocation Questionaires

And then, as i was closing down windows, I came across this, which is exactly what you want. Find it at (Josa v NatWest ~ 6 years with Contractual Interest)

 

9. Contractual Interest

a) The Claimant claims compound interest on the amounts claimed under the principle of mutuality and reciprocity in the contract between the Claimant and the Defendant, using the rate and method specified in the said contract, and as is applied by the Defendant to monies it is owed.

 

b) The Claimant’s grounds for seeking restitution of the compounded contractual rate of interest is that the Defendant would be unjustly enriched if the Claimant's entitlement was limited to the statutory rate of interest in that the Defendant has had use of the sums and would have used these sums to re-lend at commercial compounded rates.

 

c) The Claimant contends that the taking of unlawful penalties from the Claimant’s Account is unauthorised borrowing by the Defendant. Therefore, under the principle of mutuality and reciprocity in the contract between the Claimant and the Defendant, in the first instance the Claimant has calculated compound interest originally charged by the defendant, being 29.50%.

d) In the alternative to 9.c), should the taking of unlawful penalties from the Claimant’s Account not be deemed to be unauthorised borrowing by the Defendant, then, under the principle of mutuality and reciprocity in the contract between the Claimant and the Defendant, the Claimant has calculated compound interest at the Defendant’s authorised borrowing rate, being 16.99%.

 

e) In the alternative to 9.c) and d), if the Court decides that the Claimant is not entitled to the contractual rate of interest under the principle of mutuality and reciprocity in the contract between the Claimant and the Defendant, then the Claimant has calculated interest under section 69 County Courts Act (1984) at the rate of 8% a year

 

f) Details of interest calculated & rates used are attached to these Particulars of Claim (Appendix 1) as follows:

Column1 – Compound interest calculated daily at an annual rate of 29.50%

Column 2 – Compound interest calculated daily at an annual rate of 16.99%

Column 3 – Simple interest under s.69 of the County Courts Act 1984 at an annual rate

of 8.00%

[GaryH]

That is actually nothing whatsoever to do with the AQ. Its the Particulars of claim for contractual interest.

 

The passage for section G is in post #206 above.

[craigten]

Hi there again Gary, i dont want to bother you too much but i do have a question for you: I have now sent the AQ (with draft order enclosed and section G filled in requesting that my claim be allocated to the small claims track) back to my local court (recorded delivery) and also sent a copy of it to HSBC's solicitors, can you please,please tell me what to expect next(and what to do!) as i am ultra nervous about this!! Your help is very much appreciated!! Thankyou so much- Craig

[GaryH]

Well judgeing by the pattern of HSBC claims to date, its highly likely that they will settle very soon.

 

Aside from that, the court should now have the AQ's of both parties so the next thing that will happen is that the judge will look at the file and your claim will be allocated. You'll receive a 'notice of allocation', probably in around a month or so, which will tell you which track your claim has been allocated to, the court date, and the directions.

 

You will then have to comply with the directions which the judge has ordered, by the date specified. If the directions which you proposed with the AQ have been ordered, then you'll need to refer to page 3 of this thread which will tell you exactly what you need to provide.

 

If not, you'll probably get the standard directions, in which case refer to the 'basic court bundle' in the templates library.

 

Its also possible that a preliminary hearing could be ordered, in which case you will not get directions to provide evidence.

 

Have a read of the threads in the HSBC forum, they should give you a good idea of the pattern which HSBC claims normally follow. Have you got a thread there by the way?

[craigten]

Hi again,no i haven't yet,do you think this is the way ahead? Thankyou for your advise!! One more thing, im claiming against citi cards, iv sent the usual first letter, then the second warning them against court action and i have recieved a reply along the lines of 'to allow me to review your case it may take between three and six weeks as they (statements) are retrieved from our archives' , is this a delaying tactic and should i just go ahead with the court action? Ps-referring the the above HSBC claim, will the court add on the court fees i have already paid? Thankyou Gary, you are one of these brilliant people who help others out of the goodness of their own heart!-Craig

[GaryH]

Yes, you should have a thread for each claim in the forum of the relevant bank you are claiming from. This is mainly for your benefit, so as you can create a timeline and ask any questions at each stage as and when needed. It also benefits the group as a whole if everyone properly documents their claim progress.

 

Citi is not as straightforward as some and as I have no direct knowledge or experiance of claiming from them, I can't really help you there. You need to start a thread in the Citicards forum - http://www.consumeractiongroup.co.uk/forum/citicards/

 

Yes, the court fee's are automatically included in any settlement. Some banks try it on occasionally though, so if this is the case then make sure you insist that they are included.

[mahharg]

hi Gary just spent ages reading this thread and I must commend it. Would I be right in saying by submitting the AQ in this way I would effectively be requesting both partie's papers to be used at hearing (including banks disclosure-not worded as such) be submitted to court 14 days after order of direction instead of waiting until 14 days before court date which could be months away hence banks paying out earlier. Would that mean I wouldn't have to send any thing else in until the actual court case (doubt it) where I would have to take originals of what papers I sent in?. Oh let me tip your scales.

[GaryH]

Would I be right in saying by submitting the AQ in this way I would effectively be requesting both partie's papers to be used at hearing (including banks disclosure-not worded as such) be submitted to court 14 days after order of direction instead of waiting until 14 days before court date which could be months away hence banks paying out earlier.

Yes. After the AQ's have been returned, if the judge has ordered the directions as proposed then you would have 14 days from the date of the order to provide your documents. The bank would then have to submit theirs 14 days after that.

Would that mean I wouldn't have to send any thing else in until the actual court case (doubt it) where I would have to take originals of what papers I sent in?

No, you would'nt need to submit anything else. Yes, you'd need the documents to take with you to court - if it were to get that far, which is doubtful.

[mahharg]

Thanks you Gary

 

Just wanted to clarify my understanding. I've only just sent prem letter so have a bit of a way to go but will be tracking this thread with interest to see what happens to other cases. Seems to be having an effect so well done Gary.

[joneshousehold]

Sorry, posted in error

[cross1217]

Gary, I'm now at the stage of completing my AQ against Abbey and will attach draft directions as outlined earlier by youreself and Bankfodder.

 

However, I am unsure as to what to include in Section D where it asks about track and brief reasons for you choice. My claim is for over £10k and you have previously advised to tick the small claims box?. Is that right?. If so, what do I say in the reasons box?.

[GaryH]

You can request the small claims track if you want to. I think Abbey usually agree to it as well don't they? The reasons could be that its a consumer dispute, the issues are of fact and not law, etc.

[cross1217]

Thanks Gary, Will do that. I'm also thinking of contacting James or Inga direct at Abbey to negotiate a settlement. In 2 minds really - as don't want to appear weak. However, I have heard that they are quite receptive to 90-95% settlement prior to AQ being filed??. Anyone any views on this???

[TANZARELLI]

Its up to you really, however I would advise doing it by letter so you can show the courts if needed that you have made an effort to settle, this can only make you look fair and resonable.

[cross1217]

Thanks, have drafted a letter which I will send to Abbey recorded delivery tomorrow. Don't think as you say it will do any harm. I'm sure they won't reply to it but I'll then proceed with AQ and draft order for directions.

 

Response to settlement offer

 

Dear James Arrandale,

Thank you for your letter dated 24/01/07 which outlined the Defence to court proceedings against Abbey by myself and the offer to settle a proportion of my claim.

I respectfully decline your offer of settlement of 50% of my claim and court fees, that is £5129.50 and request, once again, that you return to me all charges imposed on this account, totalling £9759 plus costs and additional daily accrued interest.

I will accept however, your offer only as PART PAYMENT and on the clear understanding that I will pursue the recovery of the remainder with the County Court claim.

 

Prior to me submitting my Allocation Questionnaire and Draft Order for Directions for the Judge to consider this week – I give you a further chance to consider my claim before protracted litigation and further costs to both sides. I would be willing to accept 95% of my claim including costs and accrued interest.

I trust you will consider this offer as a last chance before this case proceeds to Court and give notice that within 7 days of the date on this letter I will proceed with my AQ.

 

I would like to remind you that it is my intention to take the necessary action to recover the above charges which I believe were levied unfairly on the above account.

 

I trust this clarifies my position.

[TANZARELLI]

I would say that you will be happy to settle in full and then give the amount. No point offering 95% unless your desperate, might as well hold out for full total. IMHO

 

Tanz

[kennyh]

Hi - please don't consider this as an attempt to 'hijack' the thread since I believe the question has relevance.

I am aware of the posted thresholds for track allocation but I have seen a number of instances where claimants with sums in the Fast track category have been advised to try for Small Claim tracking. In the experience of those in the 'know' how far into Fast Track territory can one hope to tread before there is no chance of a Small Track allocation.

Also are there any circumstances when a 'no cost' direction can be made prior to commencement of a Fast Track action. I have bought the practical guide but the detail doesn't seem to be available.

[craigten]

Hi there Gary,so sorry to bother you once again,im having a bit of confusion as to how to start i thread of my own,please can you give me a quick bit of guidance? Much appreciated as im trying hard to learn about all this as quick as i can!!-Craig

[chezt]

Hi there Gary,so sorry to bother you once again,im having a bit of confusion as to how to start i thread of my own,please can you give me a quick bit of guidance? Much appreciated as im trying hard to learn about all this as quick as i can!!-Craig

 

Craig if you go to the relevant area/section ... ie Abbey/HSBC etc then you will find a tab 'New Thread' (towards the top left of the screen - just above the bit that says threads in forum) Click this and it will open up a new thread for you ... give your thread a title ie craigten V Crappy bank! & type your first message in the box ... then off you go ... it's as simple as that .

 

here is a link to the main forum section for you to select the relevant section for your bank ..

 

http://www.consumeractiongroup.co.uk/forum/

 

Hipe this helps and good luck!

[natwesttookmymoney]

Natwesttookmymoney (spelt it right this time, phew) !!

 

Presume your post "I'll leave it to Tanz" means he'll be more able to answer my post?

 

Then I found the link that I posted immediately underneath!

 

Westy

[Glenn UK]

Comments?

 

 

I wish to reference the source of tis order, can anyone confirm for certain where it was made please?

 

No guesses, i need to be certain. i don't want my court kicking my butt for giving misinformation.

 

thanks all.

 

Glenn