New strategy for Allocation Questionnaires

[pudsters14]

Hi all,

 

I'm sorry to hijack this thread but i am submitting an AQ today (N149) and just wondered if you could check out what I'm sending and give me some feedback/ideas.

 

The link to my thread is http://www.consumeractiongroup.co.uk/forum/legal-issues/77464-pudsters14-mbna-5.html

 

Again as said earlier your help and advice would be much appreciated.

 

Many thanks in advance and again I apologise for hijacking this thread

 

Pudst

x x x x

[GuidoT]

Test.

[SharpmanTF1]

http://www.consumeractiongroup.co.uk/forum/legal-issues/134172-sharpman-nationwide-credit-card-5.html#post1790619

 

Could someone pop across and have a look at post 99 onwards. I have to submit a second AQ in court tomorrow.

 

thanks

 

sharpman

[looser01]

Guide to the new AQ strategy

 

 

In section G (H if N150) of the AQ, you get the opportunity to add any other information you think may help the judge manage the claim, or make a request for specific orders that you want the judge to consider making.

 

Untill now, we have always requested an order of standard disclosure in this section, as per the AQ guide notes in the templates library.

 

A standard disclosure order, if it were ordered by the judge, would oblige the bank to fully substantiate exactly how its charges are made up and provide costings and documentary evidence, etc.

 

Trouble is, that standard disclosure is not availible in small claims cases - it is only usually ordered in the fast and multi-track. Judges do have the power to order it in small claims cases if they see fit, but up untill now they have been very reluctant to do so. In fact I'm only aware of a handful of cases in which it has been ordered dispite it being requested in hundreds of AQ's.

 

So now, instead of requesting an order of standard disclosure in the AQ, there is the option of requesting the directions as per the draft order on the previous page.

 

If ordered, this would still oblige the bank to produce all the important documentation that a standard disclosure order would - but, in a form that is far more likely to be agreed by the judge.

 

These directions are already being routinely ordered by some courts in small claims track cases, and it is fairly likely that if proposed most judges would agree to them. There is certainly no obvious reason why they would'nt, as is the case with standard disclosure.

 

So, if you want to request the directions on the previous page rather than standard disclosure, you need to attach the draft order (as per BF's post #2) to section G of the AQ. In the section G ('other info') itself, see below. If you have a N150, attach it to the 'proposed directions' section and see below for a suggestion of what to put in 'other info'.

 

The AQ will then go off to be looked at by the judge to consider the case file and AQ's and to allocate your claim - set the date, issue directions, etc.

 

You will then in a couple of weeks receive your notice of allocation from the court, which will contain the track, the date and the directions the judge has ordered.

 

If the judge has aceeded to your request and ordered the directions as proposed, you will THEN have to submit the claimants documents as per a), b), c) and d) of the order.

 

It is VERY IMPORTANT that you then know exactly what you need to provide and submit it to the court and the other side within the date specified on the order.

 

If you don't submit it, or don't submit it on time, your claim will then be struck out!!!

 

Once you've filed and served your documents, the bank will then have to submit theirs within their specified timescale. Going on past evidance, it is highly unlikely (although not inconcevable) that the bank will comply. They will probably either settle before the deadline, or default and have their defence struck out.

 

As discussed previously on this thread, the other big advantage of these directions is that the defendants documents have to be submitted within 28 days of the order. Therefore, the claims timescale would be considerably shortened as opposed to the standard small claims track directions, which don't require document exchange to take place untill 14 days before the hearing - which obviously in some cases could be months!

 

___________________________________________________________

 

Please note, there is now a condensed version of this thread containing all the important information in one place, here -

 

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

 

___________________________________________________________

 

 

Passage for section G/H - 'other information' (you'll need a seperate sheet)

 

 

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

 

 

 

Then obviously send a copy of the AQ and attachments to the defendant as well as the court.

 

What do i do N150 business claims? any one i can have guidances etc, been searching how best to send the AQ N150 with draft order for Judge before the hearing and prepare for the court bundle. confused as worried hope you cna guide me here

 

loosre01

thanks again

[d1cky]

can some1 help me out pls monument charges!

[GARY68]

can someone please confirm,

my aq is due in shortly and Lloyds scm have sent me there stay request,

Im yet to send my AQ and would like to know do I print off the copy of Draft order as Gary H or has this now been updated and what do I put in the "g" section regarding the oft test case,this is for the small claims track,

sorry if this has been asked before but its been a while since my last bank charges claim,I would be prepared for a stay waiting the outcome of the test case, Im right in thinking the 8% will keep mounting up?

I have been reading the links but cant find my answers and running out of time.

thanks in advance peeps.

[GuidoT]

Most cases do not get to AQ stage, they are stayed prior to that.

 

This thread relates to a previous stalling tactic whereby Lloyd's solicitor's requested a one month stay to resolve the matter and then did nothing to settle the matter.

 

You can complete your AQ as here, but I see little point (but do complete it) as you will be stayed due to the test case soon.

[GARY68]

Hi Guido

Thanks for the reply.

sent off aq today so no doubt stayed, If it gets stayed does the 8% daily rate still add up or is that incorrect .

[GuidoT]

Yes 8% continues to accrue, providing of course the test case goes our way.

 

Test case will be over around the time of the Olympics (2012) I reckon.

[landy_alert]

Hi everyone:)

 

Apologies if these are daft questions, but this is my first time with an AQ -

 

I have received the AQ N150 (my claim with LTSB is for around £9k), and also a letter from SCM asking me to agree to the request for a stay they have submitted to the court.

 

The notes for filling in an N150 in the templates library seem to refer to a slightly different format of form.

 

1) Do I have to send a copy of the completed form to the other party as per question 1?

 

2) Pre-action protocols - it asks if I have complied with the pre-action protocols - do I tick 'yes' or 'no'? In the templates library version there is a part 2 to the question whereby it says you should tick 'yes' if you have supplied a spreadsheet of charges - this isn't on the current form.

 

3) I presume I have to put fast track as my claim is for well over £5k?

 

4) How long should I estimate my trial/final hearing will take? I am claiming back beyond 6 years (Kleinwort Benson etc) and the interest on the part of the o/d made up of charges (as per BankFodder's discussion in the 'why let the bank keep your charges thread') - therefore I feel my case is going to be somewhat complex and take longer than the recommended hour.

 

5) In the Proposed Directions section it asks if I have agreed these with the other party - what do I put here?

 

Very many apologies for all the questions - I have had a very good look around the forum, but despite lots of help from Tilly in the Lloyds forum I cannot find the answers to these anywhere and don't want to burden her any further.

 

I need to get this done by 18th November and am starting to panic!

 

Thanks in advance,

 

Landy x

[GuidoT]

1) You do not have to, but out of courtesy I would

2) Part 1 ignore, part 2 tick yes

3) Tick small claims and say in the box:

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.

 

4) Allow 2 hours, very unlikely to get to trial anyway

5) Tick no

 

No need to panic, you have plenty of time and whilst it is good to comply with court deadlines, a few days late does not really matter in particular with an AQ. I am surprised you claim even got this far.

 

 

[GuidoT]

Do not forget to pay the fee (another reason to request small claims):

 

Allocation to track

• Small Claims Track (where the claim is more than £1,500) £35

• Fast Track and Multi Track Claims £200

The fee is paid at the same time the allocation questionnaire is filed. If

allocation questionnaires are not required, the fee must be paid within 28

days (whichever is the sooner) of:

• all defences being filed; or

• the last date all defences had to be filed.

The allocation fee is based on the track you specify in the Allocation

Questionnaire. If your case is allocated to a different track than the one

specified, a higher fee will be payable. Where the track attracts a lower fee than

the one you have paid, you can apply to the court for a refund of the difference.

[landy_alert]

Hi Guido:)

 

Thank you very much for your prompt and very helpful response!

 

I just have a couple of other queries please -

 

1) In the current N150 Pre-action protocols section, it only states the following -

 

You are expected to comply with the relevant pre-action protocol.

 

Have you done so?

 

If no, explain why?

 

There is nowhere to tick 'yes' for having supplied a spreadsheet of charges - sorry I didn't make this very clear in my original post!

 

2) The court has already written £200 on the front of my N150 and the accompanying 'notice that a defence has been filed' states 'A fee of £200 is payable by the claimant on the filing of their allocation questionaire'.

 

Can I still get away will going for small claims and paying the lesser fee do you think?

 

Many thanks again for your help - I'm feeling less panicky now:D

 

Regards,

 

Landy x

[GuidoT]

1) I now see they have changed the form. Tick No and say that there is no relevant pre-action protocol, however say you have sent documentation to the defendant prior to the commencement of proceedings in order to assist in settling this matter.

 

2) I would pay the lesser sum, look here page 3

Edited November 13, 2009 by GuidoT
Typos

[landy_alert]

Hi Guido:)

 

Brilliant - thanks again for your assistance with this!

 

Regards,

 

Landy x

[landy_alert]

Hi Guido:)

 

I'm just doing the draft order for directions and there is some use of the word 'penalty' - am I still allowed to use the term in this context or does it have to be replaced with unfair?

 

For example it states -

 

'A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise.'

 

and further on it says -

 

'Whether such a charge is accepted to be a penalty, and if not why not.'

 

Sorry for the extra questions - hope you don't mind:wink:

 

Many thanks,

 

Landy x

[landy_alert]

Hi Guido:)

 

I'm just doing the draft order for directions and there is some use of the word 'penalty' - am I still allowed to use the term in this context or does it have to be replaced with unfair?

 

For example it states -

 

'A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise.'

 

and further on it says -

 

'Whether such a charge is accepted to be a penalty, and if not why not.'

 

Sorry for the extra questions - hope you don't mind:wink:

 

Many thanks,

 

Landy x

 

Just a gentle bump for some advice on this please:)

[JGJ]

landy,

 

Another little bump to help you on your way.

 

 

"EXEMPLO DUCEMUS"

[landy_alert]

Thanks JGJ - I've got it sorted now thanks to help from Tilly and Martin3030 on my LTSB thread;)

[toasted]

Hi Landy,

 

I also need the info about 'penalties ' or 'unfair' in the draft directions to be submitted with the AQ . Can you direct me to your other thread please ?

 

many thanks

 

Toasted.

[landy_alert]

Hi Toasted:)

 

Sorry I'm absolutely useless at links, but the wording needs to be changed as follows -

 

Where it says -

 

'A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise'

 

replace the wording in red with the word 'unfair'.

 

Where it says -

 

'Whether such charge is accepted to be a penalty, and if not why not'

 

again replace the wording in red with the word 'unfair'.

 

Hope this helps and good luck with your claim!

 

Regards,

 

Landy x

[kennyh]

Assistance PLEASE; have just been lumbered into helping sis on her court bundle against a cr cd co and haven't had time to read through all of the previous 64 pages.

I've not been to court, yet, but do seem to recall that assistance exists(or existed) when it comes to what Statements to be included - do we have to adapt #55 for Credit Card application.

[kennyh]

BUMP - do we just use our poc adapted for court niceties?

[nogoodwithmoney]

Hi, I came across this thread whilst looking for info on how to complete my allocation questionnaire. It relates to an Egg Loan and I am defending the CCJ. I initially thought that I had found just what I was looking for on here, but having read further, it appears that this thread deals with the issue of bank charges? If this is the case, presumably the draft directions given on page 1 are not appropriate for my case? Can i just amend it to request copies of statements, payments made, charges incurred,and of course the T&C's which have never been supplied (this is the basis of my defence at the moment).

 

it is due to today, is it a massive problem if it's late?

 

Thanks for any help