Allocations Questionnaire

lula23

Hello, thank you for your reply.Yes your right its not the defence ,it says" notice that acknowledgment of service has been filed".

Now have one for Capital one 12/02/07
Halifax 26/02/07

Do you have any idea what happens next ?
Thanks Again and best of luck to you
liz

Nicki24

Well the day before I could request judgement on my case via money claim the bank have defended the claim....I have today received an allocation questionnaire and will now have to complete it and go to court. They say in their defence statement that is is entitled to make a charge and that I had read the terms and conditions. They deny the carge adn believe the charges to be reasonable. The also worrying say......"Further the charges are not default charges and, accordingly cannot amount to a penalty"......what does that mean?

I will pursue this as I refuse to give up now but feel really scared about going to court with it.......arghhhh! Any advice from anyone that has been to court would be appreciated.

Thanks.

nickmack

Nicki24 wrote:

Well the day before I could request judgement on my case via money claim the bank have defended the claim....I have today received an allocation questionnaire and will now have to complete it and go to court. They say in their defence statement that is is entitled to make a charge and that I had read the terms and conditions. They deny the carge adn believe the charges to be reasonable. The also worrying say......"Further the charges are not default charges and, accordingly cannot amount to a penalty"......what does that mean?

This sounds typical of the banks defence, so don't worry there. Fill out the Allocation questionnaire using the guide and you should be well on the way to getting your charges back.

mrsgibbo_2

Although I Have Never Posted On This Site I Have Been Reading Around It For About 6 Months.i Am At The Stage Where Lloyds Has Decided To Defend. I Have Filled Out My Court Allocation Today And Am About To Post It Can Anyone Offer Any Words Of Comfort As I Am Starting To Get Worried And I Kind Of Regret Even Starting This As Im In Unfamiliar Territory.any Advice Would Be Of Comfort

maltababy

Hi everyone,

This is my first post. I received my allocation questionnaire today, and a notice of transfer of proceedings to my home town as 'I live here'!! Is this common practice?

I'm worried about the defence and counter claim as LLoyds TSB contend the 'statement of claim' as it is 'insufficiently particularised and is embarassing' they go on to say they reserve the right to plead further to the 'Statement of claim' once they are sufficiently particularised. They also claim that they cannot identify the account in question (I'm claiming for charges to 2 accounts one which I still use and a closed joint account). And they also don't know how I arrived at the sum of £530 which I am claiming (I worked that out from the list of charges they sent me and included dates and amounts in letters I sent to them before I took them to court).

I'm sure they are trying to intimidate me and make me feel stupid. Do I just go ahead and fill in the allocation questionnaire. Should I have included all the dates for the charges in the 'particulars of the claim' when I filled in the claim form.

Any advice will be gratefully received,maltababy.

sambno1

I have recieved a allocation questionnaire do I tick yes or no to the settlement question?

Edinburghlass_2

There is a guide in the Reclain Help Thread, link in my signature.

redhouse53

HSBC are still defending my claim and I've now had a letter saying they are transferring my case to my local court. It also included an allocation questionnaire, and a copy of their defence which states;

1. The claiments account is governed by the defendants personal and/or business banking terms and conditions
2. Pursant to the defendants terms and conditions the defendant is entitled to make a charge for it's services as set out in the defendants price list, including an overdraft review fee for considering whether to provide and providing and overdraft
3. The defendant denies that the charges applied to the claiments account amount to penalties at common law and/or unfair contract terms for the purposes of the unfair terms in consumer contracts regulations 1999 (UTCCR's)
4. The charges applied to the claimants account are reasonable and are properly and fully disclosed in the defenants terms and conditions and published price list. The charges represent the contractually agreed price for the services provided and the UTCCRs are not applicable to them; alternativley, they are not unfair contrary to the UTCCRs. Further, the charges sre not default charges and, accordingly, cannot amount to a penalty.
5. Save as set out above, each and every allegation made by the claiment is denied. For the reasons set out above, it is denied that the claiment is entitled to the relief claimed or any relief.

Now I'm guessing this is another stalling tactic, but I thought I'de put this up just in case there was something there to be concerned about.

Am I ok to go ahead and fill in the questionnaire?

Many thanks

nickmack

redhouse53 wrote:

Now I'm guessing this is another stalling tactic, but I thought I'de put this up just in case there was something there to be concerned about.

Am I ok to go ahead and fill in the questionnaire?

This is their standard defence, just go ahead and complete the AQ.

mandy36_2

hi, i was hoping you would be able to help i have received a questionaire through for my court case with LTSB also, would appreciate any help to fill, out to the best of abbilitys or do you suggest to fill , out as nothing can go wrong?