Going to court

alisonjs

I've been through MCOL, and my bank have decided to defend in full.

Last Friday I got a standard letter (I think) showing me the bank's defence details, and telling me that my case has been transferred to the <local> county court.

There doesn't seem to be any form for me to fill in or anything, no date of hearing either.

What's happening?

StephenJTHB

I too have used MCOL and my bank are going to defend in full.

My bank sent me a copy of the form they recieved from MCOL showing that they INTEND TO DEFEND ALL.

They also sent me a letter saying that they want me to supply them with my
1. Account number,
2. How I calculated each charge,
3. How interest was calculated,
4. My e-mail and contact details.( They must be joking)

I think they are trying to confuse all this on purpose.

I to have no form to fill in yet either.

chuckles1066

alisonjs wrote: »

I've been through MCOL, and my bank have decided to defend in full.

Last Friday I got a standard letter (I think) showing me the bank's defence details, and telling me that my case has been transferred to the <local> county court.

There doesn't seem to be any form for me to fill in or anything, no date of hearing either.

What's happening?

Don't worry; a Full Defence is a standard response.

When you filled in your Allocation Questionnaire, you had to state which dates you would be unavailable to attend a Hearing.

The District Judge will take those dates into account when deciding on a Hearing date.

In the meantime, CPR guidelines indicate that you and the Defendant should continue to make every effort to resolve the matter before the Hearing.

chuckles1066

StephenJTHB wrote: »

I too have used MCOL and my bank are going to defend in full.

My bank sent me a copy of the form they recieved from MCOL showing that they INTEND TO DEFEND ALL.

They also sent me a letter saying that they want me to supply them with my
1. Account number,
2. How I calculated each charge,
3. How interest was calculated,
4. My e-mail and contact details.( They must be joking)

I think they are trying to confuse all this on purpose.

Not at all.

You have taken the serious step of issuing a summons on them; they have to pay a solicitor to defend the case. I don't think it's unreasonable for them to ask you those questions.

Be mindful that you have to answer in full and have to be as comprehensive as possible.

Twinkly

StephenJTHB wrote: »

I too have used MCOL and my bank are going to defend in full.

My bank sent me a copy of the form they recieved from MCOL showing that they INTEND TO DEFEND ALL.

They also sent me a letter saying that they want me to supply them with my
1. Account number,
2. How I calculated each charge,
3. How interest was calculated,
4. My e-mail and contact details.( They must be joking)

I think they are trying to confuse all this on purpose.

I to have no form to fill in yet either.

They make no mention of hiring solicitors in your post but they do seem to like to hire solicitors without giving them any details, apparently. Send them the list of charges and advise that each was calculated with 8% interest from the date of the charge.

I'd leave off the email address unless sued for it personally, you do have a choice as to what details you give and they are fully aware of how to contact you by address. They dont need a phone number unless you want to give it to them but they may make offer by phone so it may be wise to let them have that.

If they make offer by phone do not accept anything until it is put into writing with the conditions of acceptance clearly stated.

Good luck

alisonjs

I haven't completed an allocation questionnaire? Or even been sent one....?

All I have received is a form titled 'Notice of Transfer of Proceedings' telling me the case has been transferred to my local county court - they name the court. It says:

To all parties,

Adefence to the claim has been filed.

The claim has been transferred to the county court in the area where the claimant lives.

Please read the accompanying documents carefully - and then the next bit is crossed out - and note that the allocation questionnaire should be returned to the mylocalcountycourt

So the allocation bit is crossed out and no allocation form is enclosed.



Then they also enclose a form titled Northampton County Court, telling me the court they are transferring it to, and the sitting Judge. It also states:

It is ordered that the filing of an allocation questionnaire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise.

So it would seem they don't want me to fill in an allocation questionnaire - why would that be?

And they also enclosed a copy of the bank's MCOL defence form citing their areas of dispute all of which refer to the account T&Cs etc.

Am I to expect an allocation questionnaire then? Why are they 'dispensing' with one?

I'm getting more and more scared.

chuckles1066

alisonjs wrote: »

I haven't completed an allocation questionnaire? Or even been sent one....?

All I have is this letter telling me the case has been transferred to my local county court - they name the court - and they also enclosed a copy of the bank's MCOL defence form citing their areas of dispute all of which refer to the account T&Cs etc.

Am I to expect an allocation questionnaire then?

Ah, my apologies, I assumed you'd already got to this point.

I jumped the gun

Yes, both parties are required to complete an Allocation Questionnaire which will allow the District Judge to decide how to allocate the case.

It's quite an intimidating form for the uninitiated; feel free to post back here or PM me when it arrives if you need any assistance completing it.

alisonjs

chuckles1066 wrote: »

Ah, my apologies, I assumed you'd already got to this point.

I jumped the gun

Yes, both parties are required to complete an Allocation Questionnaire which will allow the District Judge to decide how to allocate the case.

It's quite an intimidating form for the uninitiated; feel free to post back here or PM me when it arrives if you need any assistance completing it.

Chuckles thank you! So will the allocation questionnaire just arrive in the post? And what is it for anyway?

chuckles1066

alisonjs wrote: »

Chuckles thank you! So will the allocation questionnaire just arrive in the post? And what is it for anyway?

http://www.hmcourts-service.gov.uk/courtfinder/forms/n150_1001.pdf

You'll need to be able to open pdf files to view it.

Yes it will arrive in the post. Amongst other things, the Allocation Questionnaire enables the District Judge to establish pre-action protocols, to ascertain case management information, to determine the most suitable track for your case and to propose directions to both parties.

alisonjs

Oh lordy - it looks terrifying!

StephenJTHB

Chuckles 1066;
Abbey sent me a letter asking me for contact details, account number, How I calculated charges and with interest etc.

I have already provided this information in my previous letters to them. It can't be my job to provide Abbey's solicitor with this info is it? I think iv'e done enough posting of letters already, but if thats how iv'e got to do it then I suppose thats how I should.
What if I don't,