Allocations Questionnaire

Edinburghlass_2

You'll find a guide to filling in the AQ along with a link to further court costs in the Reclaim Help Thread which is linked in my signature, any problems and you can post them here.

Davross_2

I am writing on behalf of my boyfriend who is currently in the process of reclaiming his bank charges back and he recieved a letter from barclays last week stating that they are entering a defence. We now have to fill out the court allocation questionaire (N150), and although Martin Lewis says this is a straightforward form, I am having real trouble knowing what to put exactly for ALL parts of the form. I would therefore really reallly appreciate help from anyone who has filled one out. Also I am concerned that we may be coming close to some sort of deadline for returning this form? Can anyone answer this also??

naitch1980

NOt sure if this is what you need, but I pulled it off this website (somewhere) - Hope it helps

When you issue a court claim, your bank has an opportunity to enter a defence. If they do, the court will write to tell you which court your case will be dealt in (if you claimed online), and they send you an Allocation Questionnaire to fill in. You dont need to put your whole case with this form. It is only to help the judge manage your case (witnesses needed, dates available, disclosure etc).

Seeing as quite a few people have now issued a court claim, and are getting to this stage. Here's a guide to filling out the Allocation Questionnaire......



A)....Settlement
Do you wish any further action in this claim to be postponed for one month so that you and the other party can attempt to settle the claim either by informal discussion or by alternative dispute resolution?

By giving the bank time to settle your claim in your two previous letters, you have already given them ample time to try to resolve your claim. There is no need to give them any more time to settle. Tick NO for this section.

....Location of hearing
The claim will be heard in the court to which this form must be returned. Is there any reason why it should be transferred to another court to be heard?

If the return address for this form is your local court, tick NO. If for any reason the address is somewhere else (a distant court), tick YES. Then use the box to state that you are a private individual claiming against a company that conducts their business in your area, and the claim should be heard locally to you.

C)....Track
Do you agree that the small claims track is the most suitable track for this claim?

It is far better/easier for claims to go through the small claims track. Tick YES for this section.

D)....Witnesses
So far as you know at this stage, how many witnesses (other than yourself) do you intend to call to give evidence at the hearing?

Do not count yourself or any expert witnesses you may call on for your case. Typically, you would enter 0 here.

E)....Experts
Do you want permission to use an expert's report at the hearing?

Typically you would tick NO for this section.

F)....Hearing
Are there any days within the next four months when you, an expert or a witness will not be able to attend court for the hearing?

If you are going to be free in the next four months, tick NO. If you have any holidays booked (or will be unnavailable for any other reason), tick YES and put the dates you wont be free on. Also in this section, let the court know if you will be using any interpreter at the hearing.

G)....Other Information
In the space below, set out any other information you consider will help the judge to manage or clarify the claim, including any other information you consider should be supplied by the other party.

In this section, you can put details that will help the judge manage your claim. You don't need to state your whole case here (that will come at a later stage). If your claim is for more than £5000, you can provide any reasons you think this case is more suitable for the small claims track. It is important in this section to ask the judge to order standard disclosure. The judge has the power to ask your bank to provide evidence of their actual costs at the hearing regarding your bank charges. If the judge orders standard disclosure, chances are that any bank would be willing to settle before the hearing because no bank has been willing to reveal their true costs in court as yet.

For section G. The following is the wording that has been recommended over at https://www.consumeractiongroup.co.uk

.................................................. .....

I believe this case will last no longer than one hour.

I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

However, the continuing problem is, (in common with the 1000s of other cases currently being brought by other bank customers), that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. This would bring a rapid end, not only to this litigation, but would also likely bring an end to much of the litigation in progress against other high-street banks.

chariste

Hi all

Has any one filled out an AQ yet? Ihave just recieved mine and am a bit unsure how/what to fill in the `other information` section. Any ideas?

Cheers

Edinburghlass_2

You'll find a guide to the AQ in the Reclaim Help Thread, linked in my signature and any problems just post them on this thread.

kimphill01

Hi all,

In the process of filling in the AQ.

Just wondering whether in would be ok to print the info required for section G and then glue them on the AQ or even put the AQ through the printer? As my handwriting is dreadful and also too big to fit everything in.

Thanks.

pritesh1

Hi, I have followed the process as described on this site and on 2nd May sent through the allocation questionnaire with a cheque for £100 to the court, I have heard nothing since. Does anyone have any ideas about what happens next?

Stephen_Leak

There is everything you could need to know about MCOL timescales in the "Reclaim Bank Charges Help" thread.

Mick_F

Claiming £1775 from Barclays on 2 accounts, just received allocation questionnaire & have a few querys.
1: Do I send lists of charges, copies of statements, copies of letters sent so far, or do I this at a later date?. Basically what shoud I send?

2: It asks on the form if I have sent a copy of this completed form to the other parties, do I do this or will the court send it?

3: Should I be sending Barclays anything at this time as in part of their defence they say I have not provided details or particulars of the account/s or the precise charges alleged to be unlawful or any dates. This is dispite sending copies of all charges, dates, amounts etc on spreadsheets with each letter as per mse templates.

4: Do I send account numbers & sort codes on anything to the court?

Any help gratefully received, bit confused at the minute, dont wont to !!!!
anything up after yesterdays court case

Mick.

Edinburghlass_2

Guide to the AQ is in the Reclaim Help Thread which is linked in my signature below.