New---after 28 Days - Maybe No Aq!!!!!!!

[Bicester1]

Hi

 

This is getting interesting now. Letter from NW sols asking for breakdown; sent.

 

With regards to CPR 24 I take your point Pete. The burden of proof tho' in civil cases is of course "on the balance of probability" The courts do have very considerable case management powers and and hence under CPR 1.1[2] I think that if one were to ask for summary judgment on the grounds that past experience shows that that the banks were just time wasting and were therefore engaged in abuse of process, there might be a chance. They can always thro it out! The cost is £50 I think.

 

I had a very interesting conversation the other day with a court official who suggested that the judiciary are looking for ways to break the log jam of cases which is swamping the courts. I'm going to do some reading and see what people think on this site. I should find out this am if my claim from Barclay's has attracted an AQ as its only for £750 my Nat West is for £3.2k. The question is what happens if there is no AQ, how do they decide which track?

 

Bicester1

[lateralus]

don't know which bank you are with bicester1 but on this forum - when the solicitors ask for a breakdown - it's because they are looking at your claim - just get them one immediately - is what i tell peeps here. even though you think they must have a dozen - get it to them - it normally preceeds an imminent offer - and as we all have said - an offer (hopefully a full one) and resolution is oh, so much better than any court interference/assistance. so, stop writing and send that breakdown!

[Bicester1]

Hi lateralus

 

Post just arrived. Case against Nat West transfered to Oxford County Court. NO AQ even tho' claim is for £3k+. Letter without predjudice including breakdown sent to Cobblers offering final chance to settle.

 

Bicester1

[GaryH]

I had a very interesting conversation the other day with a court official who suggested that the judiciary are looking for ways to break the log jam of cases which is swamping the courts.

There are a number of solutions available to the courts if they choose to take them. They have the power to strike out defences of their own volition if they wanted to, but unfortunately its a path that most courts are reluctant to go down. Simularly they could be making orders of costs against the defendants once they settle on the basis of unreasonable conduct. These powers are further re-enforced by the authority of Hackney -v- Mullen, and you can bet that if punitive orders such as those made in Lincoln had spread to more courts that the banks would have had to seriously re-think their strategies.

 

Unfortunately, our problem is, as Pete said, the banks have a right to access the justice system just as we do. Most courts would rather limit their work loads by bulk listing and cutting corners such as they are by dispensing with AQ's, rather than take any punitive action.

 

I'm going to do some reading and see what people think on this site. I should find out this am if my claim from Barclay's has attracted an AQ as its only for £750 my Nat West is for £3.2k. The question is what happens if there is no AQ, how do they decide which track?

The judge will decide which track upon the value of the claim and the statement's of case.

[GaryH]

Hi lateralus

 

Post just arrived. Case against Nat West transfered to Oxford County Court. NO AQ even tho' claim is for £3k+. Letter without predjudice including breakdown sent to Cobblers offering final chance to settle.

 

Bicester1

Oxford court has taken a tougher than usual line against the banks in the past, so that could work to your advantage. See this thread - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/10887-sam-lloyds-tsb-10.html#post548386

[claims novice]

this is all very interesting. i just got the same letter from the court waiving the aq, which initially concerned me but now I can see the logic from the court's point of view. i am dealing with barclays.

wondering myself whether to wait to see if bank make an offer, or prompt them to send a letter. presumably DG is the firm that HSBC use so i could substitute the barclays solicitors taken from my notice of their defence and send the same letter?

[make_me_happy]

Can't we ask a moderator to make this thread a sticky?

[Castlebest]

I think, within reason, regardless of value the judges will use the type of claim rather than the value to allocate the track on the basis that the law involved isn’t complicated, lets face it the vast majority of the claims are exactly the same.

 

They have tried in the past allocating claims to the slightly more complicated and controllable fast track in an attempt to get the banks into a court room and set some legal president but the banks back off and settle every time so now I belive they are pressurising the banks into settling faster with less legal administration.

 

Until we see if the district judges issue any further orders or directions from the local courts and get some kind of reaction from the banks solicitors the best advice has to be to use Lateralus's letter to try to gain a settlement offer from whoever your banks solicitor is.

 

pete

[oyster11]

Hi,

 

I sent my copy of Lateralus's letter yesterday recorded so the should have it Today

 

I also added, that I would like the payment as a cheque and thanked them in advance for their prompt payment.

 

What actually happens now?

 

Do I need to send anything to the court that the case has been transferred to.

 

Or is it just sit back and wait for the courts or and offer from DG

 

Oyster

 

 

[ejh263]

Being thick sorry....but got my notice of transfer of proceedings stuff today with no AQ attached. WHO exactly should I be sending the above template letter to?! Thanks:confused:

[rhsymonds]

I think that depends on who are you claiming charges from ?

 

If its HSBC then send it to:

 

DG Solicitors

12 Calthorpe Road

Edgbaston

Birmingham

B15 1QZ.

 

If its not HSBC then i have no idea, sorry.

 

R SS

[Castlebest]

Yes your particular bank's solicitor to try to nudge them a little bit and make an offer.

 

pete

[ejh263]

Ok thank you, that's why I was confused! Didn't realise above dealt with HSBC. I'm with Abbey so will try that. Thanks.

[sasquash]

Hi

 

Was just going to ask the same question as above ie who are DG?

 

I am with Lloyds TSB and recieved my letter from the court yesterday. It was just a standard letter with the AQ part scribbled out (lazy gits!)

 

Is anyone else with Lloyds? Ant advice?:o

[Castlebest]

A bank's a bank and a solicitor's a solicitor, just change the name and address on the letter to your own particular pain in the butt's.

 

pete

[Bicester1]

Hi

 

GaryH thanks for the post will keep you informed!

 

Bicester1

[sasquash]

Ahhhhhhh, I see!!

 

Would you recomend this or can I just wait??

[superuser00]

Good question sasquash. Would there be any point sending that letter after you have already sent DG a copy of your break down of charges? Should we just wait and see ?

 

 

[sasquash]

Am I supposed to send a copy of my charges to by bank's solicitors? I have sent a couple of letters to the bank and some to the court, but none directly the bank's solicitors???

[lateralus]

yes, here is some info from a thread called gettin your mcol right..........

 

After You Have Issued Your Claim

Once you have filed your claim, you need to send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

 

 

Quote:

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

 

Yours sincerely,

 

 

and also:

Wait until you receive the Notice of Acknowledgement (not the Notice of Issue) from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim. Their name and address will be on page 2. This will be DG is your claim is with HSBC and their addy is on page 2 of the acknowledgment - they always ask for a breakdown before they make an offer - so send them one.

 

 

Quote:

Dear Sir,

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

 

(If, and only if, you are claiming overdraft interest on your penalties, also include this paragraph)

 

 

I understand you have a policy of initially rejecting claims for overdraft interest. However, should this be the case after you have reviewed my claim, you should be aware that my claim for overdraft interest has been meticulously calculated and double checked. It only ever relates to the cumulative charges within the overdrawn balance of the account at the point that the overdraft interest was debited

 

If it is that in your view the interest is not claimable, I am prepared to discuss this with yourseves and the judge in court.

 

Yours sincerely,

 

 

yes, it's not too late - send them off immediately - both sets.

[ejh263]

Hi, very useful info above, thanks. Just one more question, when sending the copies of the schedule of charges is it ok to just send photocopies of the duplicate statements i was issued by the bank, as this is all i have.

[lateralus]

let's understand this - you've never made a list of your charges? and you've never put them on a spreadsheet to figure the interest before you claimed? that's amazing - were you by chance late to this site having started with bbc or moneysavingexpert?

no, don't send copies of statements. take a half hour and put them into the simple spreadsheet or at the very least make an itemised list of charges - by date - oldest first, including what the charge was for(what it is called on the statement) and how much the charge was for.

it won't take you long - this is your breakdown and should have been sent to the court and also the solicitor - i would do it now, were i you.

don't panic - i'm sure they have seen claims in all shapes - but it would be better if it were in this format - the simple spreadsheet from the library would be even better. please do this tonight and send it off.

[freakyleaky]

Hi, just to say that I started with MSE and that site only tells you to send breakdown to the bank with your first letter. At no point does it prompt you to send it to the court or to the banks solicitors. Infact I have had no direct contact with the banks sols at all. Do you think my claim is ok knowing this?

[lateralus]

you've sent or are going to send them a breakdown now, right? that's all you need - but then a few days later - it's a good excuse to ring them and ask if it has been received. just bumps you up to the top of somebody's pile of papers - always nice to know they know who you are.

[ejh263]

Yes i joined this site late, way after my claim had been started. I will fill in sppreadsheet this evening but what hap:confused: pens if the figures produced - interest wise - are different from the ones on my claim...I have a feeling they might be!! Will this make the whole figure I'm claiming invalid?