AQ/draft order/complaint to court

[thm]

Hi all, just got an AQ from the court and have filled it out, but am unsure what to do about this draft order for directions. If I send it, does it mean I have to send a copy of all six years worth of statements to the court as well as to Cobbetts?

Also, I had meant to send a copy of my response to the CPR18 that I sent to Cobbetts to the courts aswell (along with a complaint about the whole CPR18 thing and vexatious litigation etc..), but have been unwell and didn't get around to it - is it too late to send it in now? My claim is for just over £13,000 - how likely is it that the banks will settle before going to court? I am a bit daunted by it all to be honest...

[hedgey06]

thm, just out of curiosity - is this the same claim that your other thread is for?

[thm]

yeah it is, just can't seem to find where I put the last one...

[hedgey06]

If you scroll up the page you'll see a 'quick links' button. Scroll down this until you see 'subsribed threads' - click on this and you should find your thread in there. I'll ask for these two threads to be merged - then I'll have another look at where you're up to.

[thm]

thanks!

[hedgey06]

Hi all, just got an AQ from the court and have filled it out, but am unsure what to do about this draft order for directions. If I send it, does it mean I have to send a copy of all six years worth of statements to the court as well as to Cobbetts? No - it means you wait to hear from the court. If they grant the draft order, you then comply with what the draft order says - but only if the court grants the order.

Also, I had meant to send a copy of my response to the CPR18 that I sent to Cobbetts to the courts aswell (along with a complaint about the whole CPR18 thing and vexatious litigation etc..), but have been unwell and didn't get around to it - is it too late to send it in now? No

 

My claim is for just over £13,000 - how likely is it that the banks will settle before going to court? I am a bit daunted by it all to be honest...

 

I think this part is a little daunting - we're none of us lawyers or judges and when AQ's and draft directions are swimming in front of your eyes, it gets a bit scary.

 

Try not to worry though, you'll get all the support and advice that you need on CAG. With regards to the draft orders, have a good read through of this thread http://www.consumeractiongroup.co.uk/forum/natwest-bank/105227-nat-west-claimants-new.html as it explains the AQ part in detail.

 

Post back if you're still unsure though - but above all, don't worry! x

[thm]

Ok, so I'm a little clearer now about the AQ, but is it too late to send a copy of my cpr18 response plus complaint about bank's style of litigation to the court?

Also, I have a section in my AQ that I'm not sure how to respond to:

'Do you intend to make any applications in the immediate future? If yes, what for?'

 

My dad has another two accounts that he wants help claiming back charges on. Does this count as another application? Do I answer yes?

 

help!

[hedgey06]

I'd send the court a copy of the CPR part 18 response - but I wouldn't bother sending them the complaint letter. Your claim is for over £13K so it won't be (IMHO) allocated to the small claims track anyway (hadn't realised before in your other thread).

 

You need to read through the thread I gave you earlier very carefully - along with the appropriate links. As you have a N150 - the guidance for completion is here Allocation Questionnaires - A guide to completion (post number 3). This link will help you to complete each section of the AQ. The way I've read 'do you intend to make any applications in the immediate future' is that you won't be applying for judgement or something similiar (read section D - Case Management Info as this section makes reference to applications).

 

Post back if you're still unsure/before posting anything off.

[thm]

thanks hedgey, couldn't tip ytour scales again as it appears I've been favouritising!

[thm]

sorry one thing....do I need to copy all six years of statements to go with the draft order? As I understand it I have to send a copy of the AQ and the statements to both the courts and cobbetts, so this means making two more copies of all these statements????!!!

 

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

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

 

Where do I get this stuff from?

[hedgey06]

sorry one thing....do I need to copy all six years of statements to go with the draft order? As I understand it I have to send a copy of the AQ and the statements to both the courts and cobbetts, so this means making two more copies of all these statements????!!

 

No, you only start to get your statements/other evidence together if the court grants the draft directions. So once you send the AQ back to the court (plus draft orders) you basically sit back and wait for further dirctions from the court - may take them a while as well!

 

If the judge does grant the draft directions then and only then do you start to gather your paperwork together. So for the time being, get the AQ/draft order/attachments to the court (copy of everything to cobbetts as well) and then sit back and wait to see what happens next!

[thm]

Have just received a copy of Cobbetts AQ - is this a good or a bad sign?

[hedgey06]

Have just received a copy of Cobbetts AQ - is this a good or a bad sign?

 

Standard!