Allocations Questionnaire

enaid

I have already sent in my AQ although the date for reply is not until 16th jan I have never been asked for a breakdown of the charges in words i could understand only that on their defence that they did not have enough info. on my AQ i have answered all of their defences to the best i can as i was under the impression it was the judge who would ask if anything more was needed

Rex_Mundi

enaid wrote:

I have already sent in my AQ although the date for reply is not until 16th jan I have never been asked for a breakdown of the charges in words i could understand only that on their defence that they did not have enough info. on my AQ i have answered all of their defences to the best i can as i was under the impression it was the judge who would ask if anything more was needed

Did you read the advice for filling out the AQ? This form is NOT for answering the banks defence. This form is ONLY to let the judge decide how best to deal with your case (which track in court, any timing not available, any disclosure needed, etc).

What did you put for particulars of claim?

I don't know what to advise. Wait to hear from the court now, and see what they say. Chances are, you'll get a court date next.

enaid

i did my initial claim on line and i dont remember what i put exactly. radin all the info on here for me is mind boggling and as i didnt have a printer at the time couldnt copy anything anyway if it all goes pairshaped can i reclaim

Pinkpig74

I have been helping my brother put in a claim to Barclays for just over £500 (inc. costs & interest). We've been through the entire process and have just received the allocation questionnaire, but in the event that we have to attend court he would prefer it if I attended on his behalf.

How do I explain this in the AQ?

Any suggestions gratefully received.

Rex_Mundi

Fill in the AQ as set out in THIS THREAD (post #8).

If your brother gets a court date, and has to attend. You can go along with him and speak as his lay representative. You can only do this if he is with you.

aesaschoolofmotoring

Hi, Natwest's solicitors are asking me to give details of my account number and sort code to which the charges were applied and then each date/ charge/ amount and reason? Why when they have all my details?

In my claim i stated "the charges applied constitute an unfair penalty"
They are asking me to specify the clause(s) pursuant to which the charges were applied, to specify whether the charges applied were due to a breach of contract by the claimant, and to identify in each case the particular breach of contract that the charge related to.

I also stated "an unfair penalty under the unfair terms in consumer contracts regulations 1999" They are asking me to specify all of the facts relied on by the claimant in support of the contentions in paragraph 5 above, and in particular please identify the contractual provision(s) that the claimant alleges are invalid by reference to the regulations.

Please could you tell me what to do as i am now lost, I am taking the Allocation Questionnaire into the court tomorrow and the solicitors want an answear by the 24th of Jan.
Any help would be much appreciated.
Andy Ashby[/QUOTE]

figentile

I've just submitted the moneyclaim form online for a claim against Barclays for my hubby & I haven't put his account number on it. After weeks of looking at the site & preparing I can't believe I made such a silly mistake!
Will this hinder me, what can I do to rectify?
Please help, i'm such a worrier.

Edinburghlass_2

Phone them up? I'm sure there is a number somewhere, I'll see if I can find it.

Rex_Mundi

aesaschoolofmotoring wrote:

Hi, Natwest's solicitors are asking me to give details of my account number and sort code to which the charges were applied and then each date/ charge/ amount and reason? Why when they have all my details?

<<snip>>

I also stated "an unfair penalty under the unfair terms in consumer contracts regulations 1999" They are asking me to specify all of the facts relied on by the claimant in support of the contentions in paragraph 5 above, and in particular please identify the contractual provision(s) that the claimant alleges are invalid by reference to the regulations.

You should really have sent a list of charges to the bank when you first wrote to them. Put your charges into the calculator in Martins article, and print out a couple of copies. Send one to Cobbetts, and take one with you when you return the AQ.

For the details, you can send them another particulars of claim. Send this to them, and one to the court as well. Fill the parts in bold to fit your circumstance......................


PARTICULARS OF CLAIM

1. The Claimant [has] an account (ACCOUNT NUMBER) with the Defendant which was opened on or around (DATE)

2. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

3. A list of the charges applied is attached to these particulars of claim.

4. The Claimant contends that:

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999) schedule 2 (e), the Unfair Contract Terms Act 1977 s.4 and the common law.

5. Accordingly the Claimant claims:

a) the return of the amounts debited in respect of charges in the sum of £(AMOUNT) and any interest charged thereon;


b) Court costs;

c) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just.

I believe that the contents of these particulars of claim are true

Signed: Date:

aesaschoolofmotoring

Thanks for the reply Rex, I have sent in the AQ today as it was the deadline. The bank has already had the charges sheet so they should of sent it to Cobbets. Cobbets have already asked me to change the particulars of claim once already and after i had done it they sent all these other questions!!!!! Does that mean that i will have to change my particulars of claim once again or leave it as it is?

Many thanks Andy.