Allocations Questionnaire

manchestman

for enaid:
You should still be able to log on to your money claim account and view exactly what you have already written as well as progress so far. A good tip with no printer is to save any text, web page etc in a word file in a dedicated folder and that way at least you can always view everything at any time on your pc.
for figentile:
You should be able to send a covering letter with attached schedule of charges and YOUR BANK ACCOUNT DETAILS to the northampton court (moneyclaim). I think (but not absolutely certain) that you have 14 days in which to send any additional info. You should also send a copy to the defendant or their solicitors.
I am not an expert but have been following and reading very closely for many weeks a lot of the threads over on http://www.consumeractiongroup.co.uk. Without attempting to show disrespect to many of the great contributors here, the sheer wealth of experience and dedicated bank charges site mean that nearly all the answers anyone might seek can be readily found with a little effort (and sometimes a lot of patient reading!)
I hope it is okay to reprint the template used and recommended on http://www.consumeractiongroup.co.uk for sending additional info, including your account number and repost it here:

"After filing send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

The Court Manager,
Money Claim Online
Northampton County Court
21-27 St. Katharine's Street
Northampton
NN1 2LH

Dear Sir/Madam

(Your Name) –v- (Bank)
Claim No: ********
Date Issued: xx/xx/xx

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.
Yours sincerely,"


>THEN: Wait until you receive the Notice of Acknowledgement from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim<

"Dear Sir,

(Your Name) -v- (Bank)
Claim No: ********
Date Issued: xx/xx/xx

Please find enclosed a copy of my schedule of charges relating to the above claim.

Yours sincerely,
(Your name)
Enclosure"

Lara

If you have received part payment i.e. £750, do you then notify the courts that you are now claiming less that sum and interest when you send back the AQ and send them a new schedule of charges?

clarenic

Hello

The story so far: I did the initial letters and got no response from HSBC, so started Moneyclaim. They acknowledged the claim, then a few days later I got a letter saying that I had miscalculated the charges as one of them had already been refunded to me some time ago. On checking my records this is correct. They therefore offered me a full refund, less this charge. I would have accepted that, except for the fact that I'd started Moneyclaim and paid out £30 court fees and the interest on top was about £70. I wrote back to them explaining that I'd started Moneyclaim and pointing out they'd acknowledged. I said I would accept that in partial settlement, but also wanted the court fee and interest.

The next I know, they've defended my claim and it's been referred to my local court. They defending the full amount. I've received the Allocation Questionnaire and I've got quite a few questions on it. Most of it looks straight forward.

This is their defence:

1) T&Cs
2) Pursuant to the T&Cs, the def is entitled to make a charge for its services
3) The Def denies the charges are penalties
4) The charges are reasonable
5) Save as set out above, each and every allegation made by the Claimant is denied. For the reasons set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Is this a standard defence? Do I need to address the points in their defence? Should I put in the additional information section about the offer they made? I'll attach a copy of their letter to me and mine in response.

Do you think my mistake will cause problems in the court?

Will I have to attend Court, should it get that far?

Sorry for the many questions!

Clare

mel1905

Hi, after sending a letter informing HSBC they had only 7 days til I start a court claim they still haven't responded.

I am in the process of doing my claim online... I need to work out the interest. is this 6years x 8%. Then what else do I detail?

Many thanks.

Rex_Mundi

mel1905 wrote:

I am in the process of doing my claim online... I need to work out the interest. is this 6years x 8%. Then what else do I detail?

Each charge would be a different amount of interest because some charges aren't six years old. Enter each charge into the calculator in Martins article to work out the interest. Print off a couple of copies of the result.

Edinburghlass_2

Merged a couple of posts with this thread where the answers may be.

Lara

Lara wrote:

If you have received part payment i.e. £750, do you then notify the courts that you are now claiming less that sum and interest when you send back the AQ and send them a new schedule of charges?

or do you just leave it and see what happens if the bank settles in full? Would they write to me or the Courts?

mel1905

thanks for that, I'm still confused!

it says ' interest at the same rate up to the date of judgement or earlier payment at a daily rate of'

sorry for being dumb!!!

Edinburghlass_2

Lara wrote:

If you have received part payment i.e. £750, do you then notify the courts that you are now claiming less that sum and interest when you send back the AQ and send them a new schedule of charges?

Make sure the AQ schedule of charges is accurate as you don't want the bank to ask for it to be thrown it out due to them having already refunded some of the charges.

Edinburghlass_2

mel1905 wrote:

thanks for that, I'm still confused!

it says ' interest at the same rate up to the date of judgement or earlier payment at a daily rate of'

sorry for being dumb!!!

me too .....