AQ deadline has passed-help needed.

[robingetz]

I submitted my AQ to the court on Monday 25th, as this was the deadline date. I still have not had an offer from DG. When my wife was at this stage with them a few months back, she was given an offer for full settlement on the day the AQ had to be submitted. I don't know what to do now, or what the next stage of the process is. This has probably been covered elsewhere, so a link to the appropriate thread or any advice will be appreciated.

[cephas]

I am in the same boat as you, i submitted my AQ on 22nd June and I called the court to see if they had submitted theirs and of course they hadn't. So they lady suggested i wait to hear from the judge 9which could take up to 2 weeks). I am going to ring again on Friday to see what is going on. I amprobably going to send DG another annoying letter!

[Castlebest]

You could try writing to the court saying you understand DG have not submitted their AQ yet and ask for the defence to be struck out as an abuse of process... I belive Bank Fodder has a thread on doing this in the general forum.

 

pete

[cephas]

Cheers Pete, i will see if i can find this templete letter otherwise i will see if i can draft one up.

 

Lou

[mariejader]

Pete any chance to a link to the topic you are talking about?

 

My friend is in the same position AQ was due back 2 days ago and DG have still not submitted it, court said they should wait another 5 days.

[rob-the-viking]

My AQ deadling was a good few weeks ago, I've submitted mine on time but DG have yet to do so. I did write to the Judge to request the defence be struck out, but I've heard nothing in return. It did seem to hasten my getting a Court date though.

 

Here's a copy of the letter I sent.

 

Address

 

You Vs HSBC

Claim No

DATE

 

 

 

Dear Sir/Madam

 

I write to bring to your attention to the fact that the above claim has been waiting for action on the part the defendant for quite some time now.

 

Over 5 weeks have now elapsed since the deadline for submission of Allocation Questionnaires, and as of xx/xx/xx the defendant has yet to file theirs. In my opinion I believe this to be totally unacceptable, with the defendant showing a severe disregard for the clear instructions set out by the Court. Therefore, I respectfully request that the defence be struck out on the grounds of abuse of process by the defendant.

 

In my attempts to resolve this matter without further misuse of the Courts time, I sent the defendant a letter reminding them of the aforementioned deadline dated xx/xx/xx. Please find a copy of this letter attached, also attached is proof of both postage and receipt, via the Royal Mail’s recorded delivery service.

 

Should you need to contact me about any matter that may arise in this case, please do not hesitate to do so using either the above address or phone number.

 

I look forward to hearing from you.

 

 

yours faithfully

 

Your Name

 

 

Might work for you might not, but worth a try I'd say!

 

a bored

 

r-t-v

[cephas]

Cheers Rob, great help.

[mariejader]

thanks do you think it may be an idea toadd other claim number who are also in the same position?

[mariejader]

sorry to steal your topic :o

 

Is there a reason why judgement can't be entered?

[lateralus]

could i suggest post 1 of this thread;;;;When you have filed your AQ................

[Castlebest]

Agreed lattie you should keep up nudging DG and in fact Rob's letter makes mention of the nudge letters he has sent. If you can get your judge to strike out the defence its game over for DG. They are not abiding by the directions the judges are giving and therefore are guilty of abuse of process.

 

Nice letter Rob... Lattie, it may be worth adding it to the thread as a template, at least I will know where it is then..... maybe

 

pete

[cephas]

Thanks guys, I am going on holiday next weekend, do you think its worth adding:

 

"I would like to bring to your attention that I am out of the country on holiday from 8th July to 25th July, and if you require a court bundle/documents please bear my holiday in mind when setting a deadline."

I have also put these dates in my AQ. So i think i should be ok??

[Castlebest]

Hiya Lou, yes tell them when you are out of the country and hopefully they will make allowance for that.

 

pete

[lateralus]

ok pete, i've added it to the when you have filed thread

[Castlebest]

Thanks Lattie xx

 

pete

[mariejader]

what's happening with everyone now, have they filed their AQ?

[cephas]

i called my court and they still havent submitted theirs, the deadline was 22/6/07.... So i sent the template letter that Rob kindly put on here and waiting to hear back from the court.

[mariejader]

my friend's was due back on the 25th still nothing, she put the letter to the court last Friday and is as we speak waiting for a call back from the court with an update.

 

I was just wondering how everyone else was getting on

[mariejader]

well the deadline with the court was today, DG had until the 25th to file the AQ, they missed the deadline!! the court wrote to them to give extra time and gave them until 4pm today to submit the AQ, sadly my friend never got around to call the court so keep fingers crossed for her call on Monday

 

Anyone else got any news?

[robingetz]

Recieved today a "General Form of Judgement or Order" which states:

 

"Before DISTRICT JUDGE ****** sitting at Sunderland County Court

 

Upon neither party attending

 

IT IS ORDERED THAT The Defendant must file an allocation questionnaire by 12 July 2007 and in default their defence and counterclaim, if any, will be struck out and the Claimant will be at liberty to enter judgment forthwith"

 

I guess it's just a case of sitting waiting to see if DG submit their AQ.

[Castlebest]

slowly but surely the Judges guns are pointing at DG and only DG, if you meet your Judge Rob.. tell him nice directions

 

pete

[mariejader]

just got a call from my friend DG have not contacted the court re extra time so I am now going to help her with requesting judgement. thank god that mean I don't have to do her court bundle

 

Good luck everyone else in the same situation

[robingetz]

Dg have now submitted their AQ, which is a bit worrying as I never thought it would go this far. What do i do now?

[Castlebest]

Hiya rob, did DG send you a copy of the AQ ? if not you should write to them asking for a copy and copy your letter to the court.

 

then just wait for your Judges Directions

 

 

pete