AQs - Stays & Strike out request

[GaryH]

Hi Bill,

 

So the stay of a month has been granted, is that right, and you're filing a second AQ at the expirey of the stay period?

 

Yes, I think I'd use the same form as you were given first time actually, so N150, although its not going to make a great deal of difference to be fair.

 

No, another fee is not necessary. It'd probably be a good idea to take your receipt from the first fee along with you though, or enclose a copy of it if your posting it.

 

Claim costs upon settlement - if your allocated to the fast track you'll get them anyway, if small claims you'll have to request them under the unreasonable conduct provision. Keep a schedule of costs though in any case, ready to hit them with when they offer to settle the claim.

[iconoclash]

Hi - a little help pls - about to fill in the AQ for a friend in a case v Lloyds/SCM, have looked through their defence again and they state:

 

"The charge are terms which relate to the price payable by the customer for a service provided by the Bank,...............Hi thanks, I see the next post answers my question, but, does throw up another: If SC & M are making offers to settle does this mean one can simply fill in the admission that monies owed part of the form and ask for judgment on the strength of that?? Lyn

[GaryH]

The defence you describe is completely standard.

 

No, the settlements they make are without liability or admission. Even if they did admit other claims (which is never, ever going to happen!!) it would have no bearing on your claim whatsoever.

[MUTT]

Hi Gary,

 

Many thanks for the reply. Yes SCM asked for a stay which was granted but has now expired. I now have until 13th April to submit my second AQ and will do as you suggest and continue to use N150.

 

Will keep you posted.

 

Regards

 

Bill

[GaryH]

Will keep you posted.

Yes, please do. Thanks.

[John72]

Hi Bill

 

Just a quick question; you said that both you and SCM asked for your case to be allocated to the small claims track, even though the claim is over £5000 (presumably before interest?). Is that a favourable new development as it would then limit the claimants exposure to costs if a case came to trial and was lost?

[MUTT]

Hi John,

 

Yes both parties requested SCT, however as this is still to be allocated by a judge it still might end up in FT.

 

It seems from the content of the defence and AQ submitted by SCM that they really do not want to go FT. Will just have to see what happens

after I submit my second AQ using the aggresive stratergy for AQ's as posted by Gary.

 

Regards

 

Bill

[John72]

Hi Bill

 

Thanks for that - I'm interested because my case could potentially be listed for the multi-track. I can see that SCM would want to limit their exposure to the more onerous disclosure requirements in the FT or MT by keeping it in the SCT. But at the same time are they not removing the worry of the claimant's potential exposure to costs in claims which involve contractual interest - something GaryH was concerned enough about to warn potential claimants of in pursuing such CI claims?

 

John

[itsmeandonlyme]

Hello guys,

quick question( my first AQ preparation)...

With £100 fee ..How do you claim it back from the company, as the total already finalazed in N1? Sorry if it a silly question..

 

 

Thank you.

 

Kind regards,

 

 

Maria

[John72]

Hi Maria

At AQ stage it is my understanding that the "amount of the claim in dispute" (section D) should be recited as the amount per the claim form N1. Other costs (and interest to the date of judgment or payment) will form part of the total due from the defendant in the event of a successful outcome and be calculated at that time.

 

John

[itsmeandonlyme]

Thank you Johny...

now, in the defence copy i have received in par23..says:

Part 20 Counterclaim:

The defendant counterclaims for costs limited to not more than £500....

sorry for being thick..but what does this mean?

 

Thank you...

 

Kind regards,

 

Maria

[John72]

Hi Maria

 

I haven't heard of a defence stretching to 23 paragraphs but I'm sure others have?

Essentially the bank are saying that, in the event of them winning, their claim for costs against you will not exceed £500 - which seems fairly generous, but I am sure GaryH can shed more light on this?

 

I'm sure you will also be advised that it will be better for you to start your own thread on your case?

 

J

[housekeeper]

hi just found this 'preventing a stay' and have just added to my AQ which i'm taking to the court tomorrow. can you please tell me should i also send this with the copy of my AQ i'm sending to SC&M:confused:

[GaryH]

Yes.

[Kamron]

Can I ask whilst I am currently completing my AQ, Do I attach all my Bank statements ,or spreadsheet of charges with the first N150 AQ and do I also include a basic court bundle at this stage ? and what is the statement of evidence?

So sorry if I am asking in the wrong place, I am very lost on how to just ask a question on this site.

[GaryH]

No, you don't need anything like that at this stage - the AQ is only to help the judge decide on allocation. The evidence and documents you describe will be requested at a later date.

[Just Frugal]

Ok. So what about cases where the AQ is being dispensed with?

 

I've just been told by the court that I won't be getting an AQ. I'm now going to submit, as a suggestion to the judge, the draft order for allocation. But should I include another page regarding any possible SCM / Lloyds request for a stay as per this thread?

 

I'm assuming that in the same way I am still going to send the draft order into the judge, that SCM could still send in a request for a stay.

 

Any ideas?

[GaryH]

No, they won't. If there is no AQ there will be no stay request from SC&M.

[angelcat]

In relation to courts ordering a stay in proceedings, I would like to bring my thread to your attention: http://www.consumeractiongroup.co.uk/forum/lloyds-bank/92222-advice-wanted-lloyds-court.html. I am seeking advice on what to do in this situation, and if anyone else is in the same situation, the advice posted may be of help.

 

Thank you.

[GaryH]

Link doesn't work.

[sianie012]

Thanks to GaryH for all this information. I would like to communicate with Lloyds and my case has been stayed until 27th June, but I would also like to apply to change the particulars of my claim as they were too vague; do you think that this will affect my stay date, by extending it furthur, or do you think I should let the stay expire??? I am really unsure of what to do and it is such a lot of hard work while working full time!!!

 

Hopefully all worth it in the end!

[crescendobabe]

Hello anyone! I've never posted anything before and don't know if I'm in the right place or anything! My fiance is quite far advanced with his claim for about £8000 and we have been waiting for a court date.We got a letter from the court today saying that Lloyds has to submit their AQ by 4th June or their defence will be struck. What could happen next? Could they ask for a stay then?

[mickand]

I have not been asked to file an AQ and been informed by the court that they may be ordering a stay in the hope that Lloyds will settle. Should I write to the judge asking not to stay the case and request a strike out on the grounds that Lloyds are abusing the process?

[photoman]

I have not been asked to file an AQ and been informed by the court that they may be ordering a stay in the hope that Lloyds will settle. Should I write to the judge asking not to stay the case and request a strike out on the grounds that Lloyds are abusing the process?

 

Mickand

The very first post of this thread will answer your questions.

Regards

PM

[mgp]

GARY H

Just received a STAY on my claim and have decided to write to SC and M the letter

2) How to deal with it if a stay has already been ordered

 

as part of their defence they objected to me claiming for over 6 years , I then wrote saying I would agree to drop the extra months (copy to the court) so that a speedy conclusion could be reached etc etc.this was before the stay was ordered.

 

Have so far heard nothing back. My question is would you also include this again in the letter you advised we send, and if so what is the best way to word it.

 

MG