New strategy for Allocation Questionnaires

[Destinyofsouls]

Sorry Will,

 

If the claim is £1500 or more, the fee is £100. When calculating the £1500 is the whole claim inc court fees taken into account?

[GaryH]

The court fee's won't be taken into consideration, and neither should interest, no - any interest or costs are disregarded when calculating the value of the claim for the claim form, and when deciding on track allocation for that matter, so I would assume that this is also the case when it comes to the £1500 threshold for the AQ fee. I'll try to find out for definate though.

[GaryH]

Does anyone have any advice for claims progressing with estimated portions?

 

Due to not finding this site early enough, I only made a Freedom of Info SAR this weekend, im expecting it to take 40 days to arrive.

However I need to submit my AQ this week, which will include three of the six years estimated. Many sites (like the BBC and MSE) were advising this was fine, but I apreciate its not ideal.

 

Should I submit the old request for disclosure rather than this new one to give me time?

Shall I tick the 'stay of one month' box on the AQ to hopefully give me time?

Can I submit a new/amended (non estimated) shedule, claim figure and interest when the SAR arrives?

 

Thanks alot.

Its Barclays at Clerkenwell and ShoreditchCC BTW.

 

I don't really like the idea of estimated claims full stop - it would be incumbent on you to show that the charges have been taken if it got to court - but you certainly should not use the draft order, no. You would'nt be able to comply with a) or b) and your claim would be struck out.

 

Can I submit a new/amended (non estimated) shedule, claim figure and interest when the SAR arrives?

You'd need to make an application on form N244 to change any of the details on the claim form.

 

As I see it, you've two options;

 

- play for time and make an application after you recieve the full details of the charges, although it should be said that an application made after allocation is not really the ideal time; or

- don't request the draft order, hope the court does'nt issue it anyway and that Barclays pay up on the estimated portion without any problems

[bananasplit]

Great, thanks very much Gary. I appreciate you dont like estimates, I wish I had the choice!

I think im going to go with your first option of no draft at the moment. Can I add a draft request when submitting the N244 in a month or so?

[GaryH]

If to buy some time you request a stay for settlement on the AQ, then after the months stay (if its agreed to) you will submit a new AQ so can request the draft directions then.

 

If you do request a stay for settlement though, the court will expect you to make a genuine attempt to settle, so bear that in mind. By that I don't mean let Barclays barter or haggle over the amount, I mean make a sincere attempt at dialogue.

[bananasplit]

I was going to request a stay anyway, so that will work out perfect. Ill ask on the Barclays board how long SARs are taking at the moment.

Many thanks.

[GaryH]

Pretty quick compared to some I think. My mate got his within about 3 weeks or so.

[paulwilko]

Hello all

 

I am just about to fill in my AQ.

 

Nationwide have ticked the box that says they have paid me.

Infact they have only paid what they believe to be the right amount, not the amount i believe they should be paying which includes contractual interest at the unauthorised rate of 24.9%

 

I have not had any offers or correspondence from Nationwide, they just paid the money into my account which i have left alone.

 

Can you please explain what exactly is the draft order and why i need to send it and also how do i word the AQ stating that i have only had part settlement ?

 

I do have the Section G Other Information which can be found on page 11 post 206 of this thread written by Gary but was wondering whether anything needed adding regarding their partial payments made to me ?

 

I would appreciate any help you can give me as i need to get the AQ in the post wednesday the very latest

 

Thx

 

Paul

[GaryH]

Can you provide a link to your thread on the Nationwide forum please? It would be helpful to have a bit of the background of your claim so far.

 

I'll get back to you in the morning.

[paulwilko]

Can you provide a link to your thread on the Nationwide forum please? It would be helpful to have a bit of the background of your claim so far.

 

I'll get back to you in the morning.

Thx Gary

 

I appreciate you helping out

Thx

 

Paul

 

http://www.consumeractiongroup.co.uk/forum/nationwide/52581-wilko-nationwide.html?highlight=paulwilko

[Micheyboo]

If I don't go down the Draft Directions Order route what is likely to happen? Will it just take longer or do you think Judge will ask for it anyway.

 

Has anybody in this forum not followed the Draft Directions Order?

[Will Scarlet]

M-boo - thousands of people have already tried and tested the "traditional" method. Yes it will take longer as you'll have to wait for a court date and that could be in a few months time (depending on how busy your local court is) but don't worry, by using the standard route you are not disadvantaged in any way.

[Glenn UK]

Will

 

thats a bit of a one sided view i think, not every judge will adopt the orders, some wont do anything at all and others will make their own orders up, some will adopt the draft orders set out here.

 

SO using the draft orders does not mean your claim will be settled earlier although its unlikely to make it longer.

 

As you say people have nowt to loose but they shouldn't think its some kind of panacea, sadly the courts have not all taken these orders up.

[maxine989]

Don't mean to hijack the thread folks... just a quick interuption, can someone take a look at my thread please. I need a bit of help.

 

Please....

 

http://www.consumeractiongroup.co.uk/forum/barclaycard/49090-maxine-barclaycard-stage-2-a-2.html

 

Also if there's a mod about, can you cange my title please? I am not at stage 2 anymore....

 

Thanks, Maxine

[mcuth]

Also if there's a mod about, can you cange my title please? I am not at stage 2 anymore....

 

Done - just removed the stage info

 

Cheers

 

Michael

[maxine989]

Done - just removed the stage info

 

Cheers

 

Michael

 

Why than you very much mcuth...

[alimehmet]

hi All

 

Just to let you know, today I took down to the courts, my completed Court bundle. Its up to Cobbetts now to fulfill their part of the Order for Directions as directed by the judge.

 

I hope I have done all and included all. Big thanks to GaryH for his help.

 

Now to start on my fiancees' claim. I am also going to start on a new claim commencing from 1st November.

[chorlton1]

just subscribing

[GaryH]

Its up to Cobbetts now to fulfill their part of the Order for Directions as directed by the judge.

If/when they don't, send this letter to the court to request the defence is struck out, as per the terms of the order - http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires-14.html#post535117

[Micheyboo]

I saw this in an earlier thread.....

 

My thought was that it may be worth including a note with your AQ that you will be away with the dates and ask the court to note that your suggested draft incorporates this. If the judge wishes to alter the suggested order could he also allow a little extra time for you to put together anything that is further required. Does anyone with more knowledge of the court system know if this is possible.

 

GaryH - do you think this OK to request to the court? I was going to put it as a last paragraph of the Draft Order for Directions page or should I just put it in the Section G box when stating the attachments etc...

 

"Lastly, I would respectfully ask the Court to take note, if the above is ordered, that Section F of the Allocation Questionnaire is noted and any deadline to submit the Draft Order for Directions be on a date after the 8th May 2007."

 

Note I arrive back in the country on the 3rd May.

Will the Court see this as acceptable do you think? Or will they just implement their own timescale regardless of my request.

[TUTTSI]

well done DS another one soon to bite the dust eh?

There is a surprise GM did not respond and deal with their response to the Judges directions by 19/3/2007. In accordance with those Directions I have today requested that their defence be struck out and have requested Judgement. I have also asked for costs to be added, see if the Judge will agree. Once I have the Judgement, I will instruct the BAILIFFS.

Also, Barclays only have till tomorrow, so next week it will be their turm for Judgement.

DS

[GaryH]

Good stuff DS, well done. Which court is it by the way?

 

In fact - anyone who has proposed the draft order and had it ordered by the judge, would you please let me know and tell me which court it was. Either by PM or on this thread is fine. Thanks.

[GaryH]

I saw this in an earlier thread.....

 

 

 

GaryH - do you think this OK to request to the court? I was going to put it as a last paragraph of the Draft Order for Directions page or should I just put it in the Section G box when stating the attachments etc...

 

"Lastly, I would respectfully ask the Court to take note, if the above is ordered, that Section F of the Allocation Questionnaire is noted and any deadline to submit the Draft Order for Directions be on a date after the 8th May 2007."

 

Note I arrive back in the country on the 3rd May.

 

Will the Court see this as acceptable do you think? Or will they just implement their own timescale regardless of my request.

 

Should be ok I'd have thought, but I can't give you any gaurentee's obviously as I am not the judge!

 

Sometimes these directions are ordered with 28 days for the claimants docs, rather than 14, then the defendents 28 days thereafter - so you could try changing the order to say [28 days] rather than [14 days].

[yosemite]

I have just received my allocation questionnaire and want to try the new strategy. I am a bit confused about all the documentation to include. Do I not submit any other documentation ie. breakdown of charges copy statements etc when returning the allocation questionnaire, but await further instructions at which point I have 14 days to do so.

 

Thanks for you help

[GaryH]

Yes, thats right. Hand in the AQ with the section G as per the bottom of post #3 and the draft order as per post #2. Nothing else needs to go with it at this stage.

 

A few weeks after the AQ's are returned, if the judge has agreed the directions as proposed, you will then have to submit documents as per a), b), c), and d) of the order.