Allocations Questionnaire

Rex_Mundi

drewster wrote:

Just another quick question (sorry about this) - having already sent numerous copies of my charges to the bank when initially requesting my charges back, I don't need to send another copy with the allocation questionnaire, do I? :mad:

No. You can send the list of charges when/if you send your full case paperwork before a hearing.

clarenic

clarenic wrote:

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

Hi

Sorry to bump - can anyone offer any advice?

Thanks,

Clare

Rex_Mundi

clarenic wrote:

Hi

Sorry to bump - can anyone offer any advice?

Dont worry about their defence yet. Just fill out the AQ. A guide for this is in THIS THREAD (post #8). Do not respond to the defence in the AQ.

clarenic

Rex_Mundi wrote:

Dont worry about their defence yet. Just fill out the AQ. A guide for this is in THIS THREAD (post #8). Do not respond to the defence in the AQ.

Thanks

I'll put the standard text in. Do you think I should add on that I have received a partial offer and that I accept I did make a mistake? Do you think I should attach a revised schedule of charges and copy letters?

Clare

Rex_Mundi

clarenic wrote:

I'll put the standard text in. Do you think I should add on that I have received a partial offer and that I accept I did make a mistake? Do you think I should attach a revised schedule of charges and copy letters?

If the partial offer has been put into your bank account, and you've written to the bank to inform them you accept these as a part payment, you must let the court know this. Don't admit to any mistakes, you are challenging these charges on a point of law, not whether mistakes have been made.

clarenic

I've not had any money back off them. In the letter I wrote back to them, I accepted their offer (which was the full amount of the claim less the already refunded charge I hadn't noticed) in partial settlement, since I had now started Moneyclaim.

Surely I can't still pursue money back that I've already had?

Thanks for your help,

Clare

Rex_Mundi

clarenic wrote:

I've not had any money back off them. In the letter I wrote back to them, I accepted their offer (which was the full amount of the claim less the already refunded charge I hadn't noticed) in partial settlement, since I had now started Moneyclaim.

Surely I can't still pursue money back that I've already had?

Thanks for your help,

Clare

Fill in the AQ as normal. Send this back to the court. Once you have received the money from your bank, inform the court that your case has been settled out of court, and you want to stop the claim. Don't stop the claim before you get the money.

clarenic

Ok, thanks.

What is the next stage after allocation?

Will I have more forms to complete after this one? I'm just concerned that I'll look dishonest by not making it clear to the court before the hearing if it happens.

Clare

teaforvee

figentile wrote:

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.

Hi - I just did the same thing. I put a claim through on MCOL using the template supplied by Martin. However the template I downloaded from the Recalim Your Charges page didn't have the opening line which refers to my account and the date it was opened. I didn't think the court would need my account number...should I retract my claim and put it through again?

Thanks!
vee

Rex_Mundi

teaforvee wrote:

Hi - I just did the same thing. I put a claim through on MCOL using the template supplied by Martin. However the template I downloaded from the Recalim Your Charges page didn't have the opening line which refers to my account and the date it was opened. I didn't think the court would need my account number...should I retract my claim and put it through again?

You can provide this information at a later stage of your claim. Carry on with this claim for the moment, and submit any more info as it is needed/asked for.