New strategy for Allocation Questionnaires

[why!!!!!!]

a) schedule of charges

 

b) copies of your highlighted statements

 

c) Statement that GaryH has kindly typed for use.

 

d) reports and cases that are outlined in the basic court bundle.

 

court bundle link http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

 

someone correct me if im wrong.

[GaryH]

Vicmar,

 

So your at the AQ stage, yes?

 

Attach the draft order for directions - BF's post #2 - to the AQ.

 

Add this to the other info section (on a seperate sheet as there isn't room in the box) -

 

You -v- Bank Plc

Claim No:*******

 

 

 

N149/N150 Allocation Questionnaire

 

 

 

Section G/H - other information

 

If the court is in agreement, the Claimant respectfully requests that special directions may be given as per the attached draft order.

 

The Claimant proposes these directions in mind of the Overriding Objectives, and in particular the duty of the parties to help the court further them. The issues outlined below are the crux upon which this claim rests, and the proposed directions identify these issues and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously;

- 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 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 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.

Additionally, the Claimant is aware that the proposed directions are now routinely ordered in claims of this nature in the Mercantile Court in London, as well as in small claims track cases in Leicester, Derby, Chesterfield, Willesden and Mansfield County Courts.

 

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

Then send the AQ back to the court, and send a copy of it to the other side if you wish.

 

The judge will then look at your AQ's and allocate your claim and issue directions.

 

In a couple of weeks, you will then receive your allocation notice and directions.

 

IF the judge has ordered the directions you proposed, you will then need to provide a), b), c) and d)

 

a) = schedule

b) = account statements

c) = statement of evidance - see my post above

d) = cases and statutes - see the court bundle

 

All this has been covered previously on this thread, its probably a good idea to have a good read back through it. Particularly post #39

[vicmar]

thanks there are so many threads relating a,b,c etc it can get rather confusing i almost clear but i do not want to cock it up!! the section in here regarding S.A.R - (Subject Access Request), LBA etc are so straight forward and clear to understand but this area is very fussy and grey i appreciate all your time and patience about the questions you are answering and that the have to be generic so you can help everyone these last two replies have helped i have amended the statement and i will get together everything i need ready for the next step.

 

sorry for being a pest

vicmar

[Peterbard]

Happy new year everyone

 

Reading the new AQ at the top of this thread i thought i might mention my recent succes with the yorkshire Bank.

They offered the usual part payment just before the AQ was returned.

I mentioned that i required them to present a beakdown of costs since their defence mentioned the pre-estimated costs issue in section f,they paid up in full the following week,Coincidence?

Regards

peter

[Guest DEATHLORD]

well this seems to be just what Iam doing, I have issued a claim

me -v- future mortgages and they have issued this defence, which is as you see its the same time waster as before.

But if any one can help?.

[GaryH]

sorry for being a pest

vicmar

 

Not at all. As you rightly say, its much better to make 100% sure you've got it right beforehand.

[Dene2]

Hi,

 

Have filled in my AQ (an N149) today when I was directed to this thread

 

currently the section "G - Other Information" reads as follows

 

I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

 

However, the continuing problem is (in common with the 100s of other cases currently being brought by other bank customers) that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

 

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. I believe this would bring a rapid end to this litigation.

 

I believe that this case will not take longer than 1 hour.

 

How should I modify this (if at all) if i intend to include the draft order as show at the thread start?

[GaryH]

If you wanted to request the directions as per the draft order, you should remove the bit that requests standard disclosure. See post #59 on the previous page for a suggestion of what to put in section G.

[chewy xr]

My AQ is to be submitted tomorrow (deadline is January 2nd) I think I'm going to have a go at using this any further advice anyone wants to give before I start adding this ?

 

Gary I have just read the thread from start to finish and tipped your scales !!! Excellent advice and I think after reading it you have made things crystal .... and if I win I'll drop a bottle of the same off for you

[vicmar]

Hi Gary thanks for the vote of confidence just added your coments in post 59 into my AQ and just checked post this am nothing yet from HSBC so off the the courts this am/pm!!

wish me luck

[anney63]

Hi

Can I just clarify as I am about to receive AQ. I'm ok with directions etc. As the Claimant I do not send in what is directed until the judge authorises this . Am I right? My claim is for my son and over 9k now . Can you also advise what I state as I am acting on his behalf if it goes to court.

Thanks Anney

[GaryH]

Hi Anney,

 

Your claim is against Abbey is'nt it? I would think this new strategy will be especially useful against them.

 

You should get an N150. Are you going to try to get allocated to the small claims track? If so, I would suggest attaching the draft order (BF's post #2) to the AQ, and state in the 'proposed directions' section - "please see the attached draft order for directions".

 

For 'other information', use a seperate sheet and put;

You -v- Bank Plc

Claim No:*******

 

 

 

 

N149/N150 Allocation Questionnaire

 

 

 

 

Section G/H - 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 proceed 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 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 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 imcumbent on it to disclose such information. Further, the proposed directions are already routinely ordered in claims of this nature in the Mercantile Court in London, as well as in small claims track cases in Leicester, Derby, Chesterfield, 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. Accordingly, the Claimant respectfully requests that this claim be allocated to the small claims track, and estimates that the hearing of the claim should last no longer than one hour.

The claimant hereby gives notice that he wishes to be represented at the hearing by his mother, Ms *****

Attach it to the AQ followed by the draft order. Then in the actual 'section G' box of the AQ, write this;

 

 

Please find the following attached to this allocation questionnaire;

 

1) Section G - other information

2) Draft order for directions

 

This allocation questionnaire and its attachments were sent to the defendant on **/**/**.

 

Thats what I'd do if it were me anyway.

[anney63]

Hi again if I go for small claims track di I still tick fast track where it asks which track?

[GaryH]

No, tick small claims. You've nothing to lose by requesting it.

[paulwlton]

Just read the order, very good, hopefully claims will be settled a lot quicker.

[anney63]

Hi Again

Do I send a copy of my AQ to Abbey. Will the judge approve these directions I have been reading all the small claims books tec and just a little confused. If I don't tick fast track and these directions are not approved then what will happen with standard disclosure?? Or am I missing something . Sorry if I appear a bit stupid.

Anney

[Michael Browne]

Do I send a copy of my AQ to Abbey

.

Not required, but recommended as a courtesy

Will the judge approve these directions

Hopefully, but nothings guaranteed

If I don't tick fast track and these directions are not approved then what will happen with standard disclosure??

The judge could decide:

1.Small claims + approve directions = Large claim, no costs + disclosure

2.Small claims + no directions = Large claim, but no costs liability

3.Fast track = standard disclosure, but possible cost liability

 

It's all slightly academic,since so far banks have settled before court

[anney63]

So would be best to go for 1

Thanks so much. I'm probably being overly cautious but this means so much to my son and I don't want to get it wrong

Anney

[tinkerbell2]

I'm at the AQ stage, and will be sending Draft order for Directions.

 

The defence i've received runs to 4 pages and says nothing more than they've not got enough information to submit a proper defence!

(Ie. the Defendant has avoided taking either stance of Service Charge or Genuine pre-estimate)

 

For future reference, if the Judge goes ahead with the Order for Directions, which of the styles of Statement of Evidence should be used (Service Charge or Genuine pre-estimate)?

 

Or, perhaps a mix of the 2?

 

tinkerbell.

[GaryH]

Hi Tinkerbell2,

 

Which bank is it against?

 

If they have'nt mentioned anything about service charges, then use the second one - "pre-estimate"

 

EDIT: Thinking about it though, I think you should also perhaps cover it from the 'service charge' angle too. You could include, at the end or wherever you feel is appropriate, a section which states "In the event the defendant contends that its charges are ligitimate contractual services which are therefore are not required to be a pre-estimate of its loss, the defendant submits the following...."

 

Then you could add a couple of the important paragraphs regarding the 'service charge' arguement from the first statement.

[Bec1974]

Thank you all so much for all this information.

 

I'm just in the process of filling out my AQ and i'm starting to get really nervous about the whole process! With all the advice on this thread i'm finally starting to understand it all.

 

Thank you

[Guest DEATHLORD]

gray,

do you think the AQ is ok for mortgage ERC as well with some word changeing and I shall put in the draft as well but changed a little.

as there are more mortgage ones coming on line may be this needs to be added as well now?

[adeyk]

Im reading the AQ approach on Proposed Directions. ( at this stage with Abbey )

AQ reads:

F Proposed Directions ( parties should agree directions wherever possible )

Have you attached a list of the directions you think appropriate for the management of your claim? Yes / No

If Yes, have they been agread with the other party(ies) Yes / No

Okay, now, what if I contacted Abbey and informed them of the direction I was proposing and asked them if they agread !

Perhaps this would lead them to a settlemant ?

What do you think ?

[Guest DEATHLORD]

Ive enclose it with my AQ and see what happens as I think it works for us.

[chezt]

FANTASTIC THREAD!!!!

 

Gary ... what a star!!

 

Anyway, my Query before I get too excited! Can I use this on my AQ N149 against Littlewoods catalogue?? I would be VERY grateful for some help as my AQ has to be in by Monday so I need to post Friday Latest ... thanks muchly in advance

 

Link to my thread if needed ... http://www.consumeractiongroup.co.uk/forum/other-institutions/41146-chezt-littlewoods-catalogue.html