AQ dispensed/proceedings transferred

cometherevolution_2

I think from reading other posts, we will probably all get hearing dates which could be around june/july. Then we will need to get a court bundle together(have absolutely no idea what this involves but will face it when i get to it.) In the mean time once the date has been set the banks hopefully will send an offer. it is just such a long winded process that is dragging on. I wanted the money for a summer holiday as i havent had one in years!!

MimiJane

It's just a waiting game ... the fact that it appears Allocation Questionnaires are being dispensed with is a GOOD thing In effect, it means no more forms to fill in and all the hassle of copying correspondence, etc. to send back to the court. I believe you also have to send an extra £100 to the court with the AQ, which will not be necessary if you have no form.

The courts will notify you of a hearing date when one becomes available. They've INUNDATED with these claims, hence dispensing with the AQ ... unnecessary admin. and time on their part when the KNOW the banks are going to pay up ... in the vast majority of cases BEFORE it gets to court.

I've just read a thread about a student who went to court the other day and was obviously pretty terrified about the whole experience. He had his 5 minutes, didn't have to produce any papers and was just told by the judge that the bank would pay him within 28 days and that was it!

Yes, you must be prepared to go to court with the appropriate "bundle", but bear in mind, it is unlikely you'll actually have to attend and, if you do, you're one of many thousands being seen about re-claiming bank charges. The courts must be totally fed up with it all and I'm sure will want to resolve it quickly. The time allocated in court is 15 minutes I believe for each case, but it's highly likely the bank will settle before any due date.

Try not to worry ... it could go on for months (some people have had to wait for 3 months for a court date as their local court is so busy). This is exactly what the banks want ... to frighten people to the extent where they consider giving up. DON'T! You will get your money back ... there's no way any bank will appear in court and risk losing so, if you do have to attend, they won't be there to "defend" their case because they don't have one:rolleyes:

I've just started court proceedings myself and am still asking questions on here.

Have a good read of these threads ... the one on Success Stories will ease your minds. Arm yourselves with as much info. as possible and be prepared. This forum's full of the majority of information you'll need, although every case is individual to an extent.

Above all, don't let the bank intimidate you ... this is their aim! Just remember the money is lawfully yours and you WILL get it back

clarion48

I am pretty much in the same boat.....but with Abbey. The court letter today says the same as everyone else's....AQ dispensed with.

The Consumer Action Group site recommends now sending a letter to the banks solicitors with a settlement offer but stating that you do not waive rights in respect of any other action or agree to confidentiality. A schedule of charges to be included. There is a letter template set out on their site.
I noticed further down that thread that somebody else recommends sending in your Draft Direction now to the local court and then waiting.

Does anyone here advise either of these steps?......should I just wait?

haleygrey

Im in the process of claiming my charges, (who isnt?) from Lloyds! They have filed a counterclaim Is this just as Martin has stated in the advice 'pure posturing' or is it something that I need to be worried about. The Court have decided that there is no need to fill in a questionnaire.
Any advice would be greatly appreciated.
Since posting this thread, I have had a letter from the court giving a date of 12th July. Nothing heard since then

iwilldoitthistime

Hi

I got the same letter as everyone else last week - transfer of proceedings and AQ dispensed with.

I rang my local court to ask what happens next and was told that even though our letters say AQ dispensed with, most courts still want them completed, so I will probably still get one. Apparently they dont know why Northampton are continually saying this about the AQ - because it is still needed. The person I spoke to said that I should expect one within the next two weeks, and a court date to follow, probably in July.

OHMIGOD - dont want to go to court!:eek: :eek:

clarion48

As far as i can tell from all the posts I have read....different courts seem to be advising different things. Most people have been advised that the AQ will not necessarily be sent out to them but their case will be fast tracked.

Personally, I don't want to just sit around waiting for my local court to decide if they want an AQ completed or not....Abbey have strung this out for long enough!! I am going to take the advice of the CAG and send in my Draft Order for Direction now.......then see where they go from there. If they then send me an AQ to complete...fine! At least it will save waiting for another 14 days.

beardface_2

After reading through this thread and knowing a little about the process I thought I'd share.

1. Northampton have dispensed with sending out any AQ's for bank charge cases. All cases where a defence is filed are transferred to the claimants home court.

2. On receipt the court will refer the file to a judge who will decide how to proceed. This could be a) send out AQ's. b) request further information e.g account information from the claimant or even a list of charges from the defendant and there actual cost. c) allocate to track and list for trial. Your more likely to receive AQ's if there is a fee to be paid.

3. The court sends out the appropriate notice to both sides. Depending on each courts backlog of work or speed of the judges this can be anything up to ten days.

Different courts or even different judges in the same court will proceed in a differnet manner as there are no directions or procedures to follow in these cases.

If you'd issued your claim through your local court anyway you will still be getting AQ's as that system has not changed.

jayneg_2

beardface wrote: »

After reading through this thread and knowing a little about the process I thought I'd share.

1. Northampton have dispensed with sending out any AQ's for bank charge cases. All cases where a defence is filed are transferred to the claimants home court.

2. On receipt the court will refer the file to a judge who will decide how to proceed. This could be a) send out AQ's. b) request further information e.g account information from the claimant or even a list of charges from the defendant and there actual cost. c) allocate to track and list for trial. Your more likely to receive AQ's if there is a fee to be paid.

3. The court sends out the appropriate notice to both sides. Depending on each courts backlog of work or speed of the judges this can be anything up to ten days.

Different courts or even different judges in the same court will proceed in a differnet manner as there are no directions or procedures to follow in these cases.

If you'd issued your claim through your local court anyway you will still be getting AQ's as that system has not changed.

Sorry but just to clarify - my claim was transferred from Northamton to local court and said "AQ to be dispensed with unless local court say otherwise" I have now received a hearing date of 4 July from my local court say "district judge has considered the statements of case and allocation questionnaire filed and allocated the claim to the small claims track". Will this mean I will have to fill in AQ do you think? JayneG

beardface_2

Sorry but just to clarify - my claim was transferred from Northamton to local court and said "AQ to be dispensed with unless local court say otherwise" I have now received a hearing date of 4 July from my local court say "district judge has considered the statements of case and allocation questionnaire filed and allocated the claim to the small claims track". Will this mean I will have to fill in AQ do you think? JayneG

No if you've been given a trial date then that is it as far as filling forms in. Double check your notice of hearing to see if you were given any instructions to do anything prior to the hearing.

stumow

Hi,

After seeing this post in http://forums.moneysavingexpert.com/showthread.html?t=306290&page=79 I thought it was worth pointing out that the courts now seems to be bypassing the use of Allocation Questionnaires. This is certainly my experience, and that of a couple of others too it would seem. See below:

mickh115 wrote: »

Just spoke to my local court.
they say that in cases dealing with bank charges the judges have ruled th AQ forms are dispensed with. The judge then asks all parties to submit full evidence for claim and defence so that he can view ALL the evidence . They say 9/10 times the banks back down from this as they have to produce a listing of FULL costs etc to justify their charges in their defence. They say that in most cases the banks will call you for a settlement out of court.

I think I've got it right (I hope So) unless anybody else knows different

Mick, Jo, many thanks for your posts regarding this. I got exactly the same through from the Northampton court yesterday. My Notice of Transfer of Proceedings read as follows:

To all parties

A defence to this claim has been filed.

The claim has been transferred to the court covering the area where the [STRIKE]defendant[/STRIKE] claimant lives or carries on business. Please read the accompanying documents carefully [STRIKE]and note that the allocation questionnaire should be returned to the Doncaster County Court[/STRIKE].

Where the italicised text indicates an amendment.

If what Mick says is correct, this seems like quite a good move on the part of the Courts, in the interest of all parties concerned, let alone theirs! Lets just hope that our cases are part of the 9/10 cases that settle in full out of court!