New strategy for Allocation Questionnaires

[oneofakind]

It's a good outcome, the Judge has ordered the bank to put up or pay up!

The only downside is you have to go to the bother of sorting out your bundle... other claimants have had judges order the bank directly to disclose their costs.

But... all this hassle for 250 quid?? Can't understand what the bank's thinking of!!!

[Celicaman]

But... all this hassle for 250 quid?? Can't understand what the bank's thinking of!!!

 

Ive got a claim against Northern rock for £300 inc interest & they have asked for cpr 18 request which i did, then they have applied to court to strike out as they reckon we hadnt supplied the info (we had) we have also asked them with cpr 18 for more info and they havent complied, now we have a directions hearing end july, and all for £300, my other hsbc claim £2.5k went thru not a prob some are just playing awkward for the hell of it !

 

CM

[BC312]

They are definitely doing it for the hell of it.

[boobop]

Hi

I’ve just been reading through the thread, and No 478 was explaining that if your POC were not up to scratch there could be a chance the claim could be struck out!! Needless to say my POC wasn’t!! As I didn’t find this site until after I had finished at MCOL. This thread did mention updating your claim can anyone tell my how this can be done is it possible to update the POC or add better wording??

I myself am at the stage were I have just received my notice of transfer I think it’s the AQ next but I would appreciate any information if anyone has updated there claim as I feel I could have done more and would have if id have found this site sooner.

Regards boobop

I do have my own thread but no one ever visits to answer any quire’s

[GuidoT]

I have responded on your thread here:

http://www.consumeractiongroup.co.uk/forum/yorkshire-bank-clydesdale-bank/104601-help-close-court-hearing.html#post1010443

[scrumpy1]

Received Form N157 and the Judge has dispensed with the AQ. We have been informed that there will be a Case Management Conference (block booking as they are hearing several cases on the same day) on 2nd October held before three District Judges however we have not been told to prepare any documentation other than that already submitted which only consists of POC and reply to Cobbets CPR18 request. The form states that if we do not wish to attend the Judges will rely on docs. already filed with the Court. We will be attending and I wll contact the Court re any docs. we need to prepare, my question is - as the Judge has dispensed with the AQ do I still send the Draft Order to the Court with a covering letter and if so do I send a copy to Cobbetts as well. Thanks for all your assistance.

[GuidoT]

Yes is the answer, read this:

AQ Dispensed With

 

This is helpful too:

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

[kfdh1962]

Hi

I’ve just been reading through the thread, and No 478 was explaining that if your POC were not up to scratch there could be a chance the claim could be struck out!! Needless to say my POC wasn’t!! As I didn’t find this site until after I had finished at MCOL. This thread did mention updating your claim can anyone tell my how this can be done is it possible to update the POC or add better wording??

I myself am at the stage were I have just received my notice of transfer I think it’s the AQ next but I would appreciate any information if anyone has updated there claim as I feel I could have done more and would have if id have found this site sooner.

 

Regards boobop

I do have my own thread but no one ever visits to answer any quire’s

 

 

boobop,

it is possible to ammend details of your claim by submitting an N244 application notice to the courts which costs £35. copy in the templates library

[GaryH]

After sending in my AQ with attachments regarding the Hackney and Mullen case and the Lincoln abuse order. I received notice of allocation to the small claims track (hearing).

Have a look and see what you think? If i act on my part do you think the bank will take it to trial and waist our time?

 

The judge has ordered that;

1/ the claim is allocated to the small claims track.

2/ to the extent that he has not already done so the claimant shall within 21 days of the date of this order send to the defendant and the court;

 

a/ a schedule setting out each charge which is sought to be recovered, showing the date amount and the reason given, if any, for that charge being made;

 

b/Copies of any statements or other document relied upon as showing that each and every charge has been made;

 

c/ a statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties of otherwise;

 

d/ Copies of decided cases and other legal materials to be relied upon.

 

3/ The Defendant shall within 42 days of the date of this order file and serve a response to the claimants schedule stating in respect of each item claimed;

a/ The contractual provision pursuant to which the charge was made and exhibiting a copy of the contractual document relied upon;

 

b/ whether such charge is accepted to be a penalty and if not why not;

 

c/ if such charge is alleged to be a pre-estimate of the defendant's loss incurred by the claimants act or omission (whether or not such action is treated as a breach of contract between the parties) all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss and all evidence to be adduced at trial so as to what the true cost of dealing with the matter was;

 

d/ if such charges is not alleged to be a pre-estimate of the defendants loss incurred by the claimants act or omission, all facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trail so as to show that the charge was fair and reasonable.

 

e/ statements of any witnesses whose evidence is intended to be relied upon.

 

f/ copies of decided cases and other legal materials to be relied upon.

 

4/ if the claimant does not comply with paragraph 2 of this order the claim be and the same hereby struck out.

 

5/ if the defendant does not comply with paragraph 3 of this order the defence be and same is hereby struck out and the claimant may request judgment on form N225

 

6/ the claim shall be listed for hearing on the first open date 56 days after the date of this order in a bulk list with a time estimate of 15 minutes. (see attached hearing notice) if the case is likely to be effective parties must inform the court not later than 14 days before the hearing and file a new time estimate to enable the court to re list if necessary.

 

7/ Because this order has been made by the court without considering representations from the parties the parties have the right to apply to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this order.

 

I now need to sort out my court bundle. Its not going to be that big as the claim is originally for £175 plus costs etc comes to £250 total claiming. Its not a lot but its the principle of the matter that they robbed me.

Can some one show me a link for preparation for the bundle and schedule to be sent?

 

So what did you think of the outcome:confused: . I like the bit where they have to disclose the True costs of the charges:) . Any comments anything to add would greatly be appreciated.

Which court was this please?

 

As has been said, make sure you comply with your part in full and on time and its almost certain that they'll settle.

 

http://www.consumeractiongroup.co.uk/forum/general/57708-draft-order-allocation-questionnaires.html#post482150

[TUTTSI]

Gary,

 

Well, today I received the date for the hearing with my ABBEY claim, the Judge could not have read my AQ in detail and all of it's enclosures, if he had he would have either of struck out the defence as an abuse of the system or at the very least given directions along the lines that I set for him, as it states that:-

 

Each party shall deliver to every other party and to the court office copies of all documents on which he intends to rely on at the hearing, these may include -

 

the contract

witness statements

expert's reports

photographs

invoices for work done or goods supplied

estimates for work to be done

 

The copies shall be delivered no later than 14 days before the hearing

 

The original documents shall be bought to the hearing.

 

The date of the hearing is 16th November...

 

My gut feeling is that I should write to the Judge as it appears he has given his directions based on a contractor or goods purchased not a bank charge claim.

 

Any ideas on the letter that I should send to the Judge! or is this normal.

 

Thanks

DS

[bwdski]

Which court was this please?

 

As has been said, make sure you comply with your part in full and on time and its almost certain that they'll settle.

 

http://www.consumeractiongroup.co.uk/forum/general/57708-draft-order-allocation-questionnaires.html#post482150

 

Almost certain...... ???

[BC312]

Hi GaryH It was the Aldershot and Farnham county court.

[BC312]

A few things to query in preparing my court bundle.

 

1/ A copy of statement or other documents. to show that the charges/penalty was made/paid ie a bank statement showing that the charge was debited. So i need to submit copies of bank statements that the defendant debited out of my account as proof.

 

2/ In GaryH statement of evidence there are cases referred to such as the Dunlop pneumatic type v New Garage & motor co 1915. The Murry V Leasureplay 2005. The Unfair terms in the consumer contracts Reg 1999.

Section 15 supply of goods and services act 1982 etc etc.

Anything referred in the statement of evidence, do i need to add it to the bundle as a document.

[GaryH]

Almost certain...... ???

What do you want, a gaurentee? Perhaps you'd like this weekends lottery numbers as well?

[GaryH]

Gary,

 

Well, today I received the date for the hearing with my ABBEY claim, the Judge could not have read my AQ in detail and all of it's enclosures, if he had he would have either of struck out the defence as an abuse of the system or at the very least given directions along the lines that I set for him, as it states that:-

 

Each party shall deliver to every other party and to the court office copies of all documents on which he intends to rely on at the hearing, these may include -

 

the contract

witness statements

expert's reports

photographs

invoices for work done or goods supplied

estimates for work to be done

 

The copies shall be delivered no later than 14 days before the hearing

 

The original documents shall be bought to the hearing.

 

The date of the hearing is 16th November...

 

My gut feeling is that I should write to the Judge as it appears he has given his directions based on a contractor or goods purchased not a bank charge claim.

 

Any ideas on the letter that I should send to the Judge! or is this normal.

 

Thanks

DS

 

Hmmm... yes I'd write to the court. Just a short note asking them to confirm that the correct directions have been given as they appear to be relevant to a different type of claim.

 

 

Hi GaryH It was the Aldershot and Farnham county court.

Thanks. A new one to add to the list. Can you do the poll please, if you haven't already. Cheers.

A few things to query in preparing my court bundle.

 

1/ A copy of statement or other documents. to show that the charges/penalty was made/paid ie a bank statement showing that the charge was debited. So i need to submit copies of bank statements that the defendant debited out of my account as proof.

Yes.

2/ In GaryH statement of evidence there are cases referred to such as the Dunlop pneumatic type v New Garage & motor co 1915. The Murry V Leasureplay 2005. The Unfair terms in the consumer contracts Reg 1999.

Section 15 supply of goods and services act 1982 etc etc.

Anything referred in the statement of evidence, do i need to add it to the bundle as a document.

Yes. You'll find it all in the basic court bundle. Which you will find linked from the link I provided in the post above.

[elise II]

I sent back the AQ and the money. Everthing has gone quiet. How long does it normally take to get to the next stage.

[GuidoT]

Depends on your court, as best around 3 weeks and I have seen 12 weeks.

[bwdski]

What do you want, a gaurentee? Perhaps you'd like this weekends lottery numbers as well?

 

If you have them...... that'd be grand

[GaryH]

6,19,23,25,38,41 B.b. - 8

[TUTTSI]

Gary,

 

Well, today I received the date for the hearing with my ABBEY claim, the Judge could not have read my AQ in detail and all of it's enclosures, if he had he would have either of struck out the defence as an abuse of the system or at the very least given directions along the lines that I set for him, as it states that:-

 

Each party shall deliver to every other party and to the court office copies of all documents on which he intends to rely on at the hearing, these may include -

 

the contract

witness statements

expert's reports

photographs

invoices for work done or goods supplied

estimates for work to be done

 

The copies shall be delivered no later than 14 days before the hearing

 

The original documents shall be bought to the hearing.

 

The date of the hearing is 16th November...

 

My gut feeling is that I should write to the Judge as it appears he has given his directions based on a contractor or goods purchased not a bank charge claim.

 

Any ideas on the letter that I should send to the Judge! or is this normal.

 

Thanks

DS

 

 

GARY,

Sorry to be apain but wondered if you saw my thread and if you have any suggestions.

Many thanks

ds

[GaryH]

See post #1197.

 

I think you've mistakenly been given the directions for a completely different claim. Incidentally, I received a defence to my NatWest claim the other day - which bizarrely went into great details about the mechanics and various safety divices fitted to a Travis Perkins cement mixer. Nothing to do with bank charges, obviously!

[TUTTSI]

See post #1197.

 

I think you've mistakenly been given the directions for a completely different claim. Incidentally, I received a defence to my NatWest claim the other day - which bizarrely went into great details about the mechanics and various safety divices fitted to a Travis Perkins cement mixer. Nothing to do with bank charges, obviously!

 

Thanks Gary, sorry I missed your thread 1197. Sounds like you have a similar senario!! and what would a cement mixer have to do with Nat West anyway!! the mind boggles!!

Cheers

DS

[photoman]

Thanks Gary, sorry I missed your thread 1197. Sounds like you have a similar senario!! and what would a cement mixer have to do with Nat West anyway!! the mind boggles!!

Cheers

DS

 

I could think of a few things I could do with a cement mixer, a Bank manager, and my local canal !!

[millymollymoo]

Hi gary,

 

Judge at hertford CC ignored the new strategy also. He has gone with satndard directions and court date is 4th October:( . This has been going on since FEB!!!!!

 

He wants awitness statement to include why my o/h thinks the charges are penalties an are unenforceable????? Thought this was alreay done in my POC????

 

 

Milly XX

[BC312]

I have read GaryH's Statement of evidence No;1, seems appropriate which i have to amend to suit my case. I can't seem to find the Robinson v Harman case 1849 or can i get the Australian default charges Nicol Rich. All i get is a domain name site prompting me to log in with pass word, what do i do at this point when i am on this site?. I had a look on the Clydesdale forum but can't seem to locate the T&C s for Clydesdale, I am also looking for something to print out regarding the whistle-blower report or what ever is printable to point out to the judge and the defendant that the costs are fractions of pennies.