Going to court

chuckles1066

StephenJTHB wrote: »

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,

Then they will ask for your Claim to be struck out.

If you've already provided the information, reprint it all and send it again. Don't change anything; it's likely they have your original paperwork and they will compare it to the documents they're asking for.

chuckles1066

alisonjs wrote: »

Oh lordy - it looks terrifying!

Hmmm, it's called life beyond the "just fill this template in and sit back and the money rolls in" :eek:

As well-meaning as sites like this are (and I've said this before), simply implying that all you've got to do is fill in a template and the banks will roll over and let you tickle their tummies is very misleading.

The solicitors who deal with claims allocated to the Small Claims Track of the County Court (generally) aren't capable of handling "real, grown up" cases and, as such, they capitalise on the less formal nature of the Track and are fully conversant with every dirty (just about legal) trick in the book.

I could tell you stories about the conduct of the Defence solicitor in my case and you'd never believe it................

alisonjs

I'm concerned - is there a chance I could end up having to pay court costs?

System

alisonjs wrote: »

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:



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:



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.

Hi

This looks like good news to me. It seems the District Judge has reviewed the case and has decided that an AQ is not required at this stage.

If / when you are sent an AQ it really isn't as an intimidating document as it has been made out to be. There are two versions of it (N149 & N150) depending on the value of your claim. If your claim is under £5000 the form is very simple indeed, if it is over £5000 the form is slightly more complicated.

It looks like your claim is coming along just fine, especially as you say their defence mainly consists of referrals to their t's & c's.

If you need any help with the forms, don't hesitate to contact me.

Regards
UNDERGROUND

alisonjs

Thanks Underground - only just seen your reply. Makes me feel a little reassured

I STILL haven't received an Allocation Questionnaire - is there any chance they've forgotten me? Do people ever NOT get sent one?

I've not had a date through either for the hearing. I'm starting to wonder if I've done something wrong, or if something has got lost in the post?

Twinkly

alisonjs wrote: »

Thanks Underground - only just seen your reply. Makes me feel a little reassured

I STILL haven't received an Allocation Questionnaire - is there any chance they've forgotten me? Do people ever NOT get sent one?

I've not had a date through either for the hearing. I'm starting to wonder if I've done something wrong, or if something has got lost in the post?

There were a couple of posts on the forum last week about people not receiving them and it seems to be a relatively new development. One guy rang the court to ask why and was told that the judges are getting fed up with the banks not turning up at court so they've decided to skip this step.

If you are really worried ring the court yourself tomorrow and see what they say, I would bet its along those lines

trotsketti

Yes, I spoke to MCOL yesterday and they said that as there had been so many of these cases they were not sending out the AQ any longer.

Also, can anyone advise me - I put my claim in with MCOL yesterday, however will be on holiday from the 7th to the 22nd May, so was a bit worried that court dates might be set while we're away, or documents might be needed and we wont be there to send them off - should I just wait and see how the claim progresses? They said we could always change our service address before we go. The bank is Lloyds, and they always seem to take things down to the wire anyway, so will probably be back before anything happens - any advice gratefully received!!

alisonjs

Thanks - helpful info.

What does skipping the allocation questionnaire mean though - does it mean I am going straight to small claims? I've not had my court date yet either....?

I will call them and find out.

KellsBells

Hi Alison,

Please let us know how you get on - I'm at the stage now where I should be filing my claim, and I'm quite nervous about it - It's a minefield!!

I do think that this whole process has been played down and made to sound like it's all very simple - send a couple of letters and reap the rewards, when in actual fact I'm about to take HSBC to court!!

I am prepared to go all the way (I wouldn't have sent the letters if I wasn't) but for a simple office worker, this is very daunting....

gemwynn

HSBC had not sent in their allocation questionnaire by the date stated in my court letter. the letter clearly stated that if they had not sent in their questionnaire by a set date i would be awarded a win by default. However, I have just called the court and they said the have recieved a questionnaire today (LATE) and i now have a hearing date!

What can i do about this, as surely this goes agains tthe first judgement as the questionnaire by HSBC was late!)

Alao if i have to attend court how should i prepare my argument should somebody turn up???:mad: