AQ dispensed/proceedings transferred

Iain77

I was expecting an AQ to be delivered after RBS/Cobbett's filed a defence, however I received a letter from the courts yesterday stating:

"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."

Does this mean I just wait for a court date? Also, when responding to Cobbett's CPR Part 18 request (also included with the letter from the court), do I respond to the court with this as well as to Cobbett's?

Iain77

Sorry - forgot to mention:

The covering letter states 'the claim has been transferred to the court covering the area where the claimant lives'.

I know this means it's been allocated to my local court, but shouldn't I have been sent an AQ anyway?

stumow

Iain77 wrote: »

Sorry - forgot to mention:

The covering letter states 'the claim has been transferred to the court covering the area where the claimant lives'.

I know this means it's been allocated to my local court, but shouldn't I have been sent an AQ anyway?

I've got exactly the same thing here Iain. I'm guessing we now sit tight and wait until the local County Court gets in touch. Whether they'll want a AQ or not I don't know. Preparing the paper work in advance can't do any harm.

Iain77

I agree stumow. I'd posted in another thread and was very confused. But reading all this has made things a lot clearer! Still nerve-wracking though.

cometherevolution_2

well we rang basildon court to see why it has been transferred again to southend and they said there is a judge in southend that is dealing with all these cases as there are so many. the woman was very helpfull and said the banks nearly ALWAYS settle before court date (which wont be until around july because of the backlog) she said they will string it out until the lst minute. i have now written a simple letter to Barclays saying i will accept £2700 if they settle now otherwise court action will go ahead. will keep you posted on excrutiatingly slow progress!!

rogan

i am in the same situation. recieved court transfer of proceedings but no questionnaire. do i reply to the court with specific charges detail or sit tight, there was no date mentioned in the letter?

louloujs

Hello Peeps

A cautionary note - not all the courts are dispensing with AQs. Southampton for one is still sending them out.

Is it worth starting a thread to highlight which courts are and aren't still using AQs?

Just a thought...

LG_Kid

Same situation also, court dispensing with Q&A, so waiting on court date. Any advise appreiated on the way to move forwards. The bank is HSBC, first wrote to them on 5th March 07

Angelcat_2

First, thank you Martin, your site is clear, concise and has helped me greatly through this process so far.



I'm wondering if anyone can offer advice- I recieved notification today that the proceedings have been transferred to my local court, along with a copy of the defence.

I am, now, extremely confused about what to do next. The letters I recieved state:

1. "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](defendant has been crossed out, and "claimant" has been HAND WRITTEN above)lives or carries on business.

Please read the accompanying documents carefully [STRIKE]and note that the allocation questionnaire should be returned to the X County Court.[/STRIKE](again, crossed out. In biro.)

All further communication should be addressed to:

X

2. "Sitting at X County Court

Without hearing

IT IS ORDERED THAT:

1. The filing of an allocation questionnaire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise.**

Note: Any party affected by this Order may under Rule 3.3 (5) apply to have it set aside, varied or stayed. Such a party must apply under rule 23.3 within 14 days of service of this order.

(**Please note that an allocation fee may be payable in this instance. Please contact the court of transfer for further details.)

Date order drawn: April 25th 2007"




What does this mean? Do I need to take any action at this point? If anyone has any idea what I should do now please, let me know as soon as possible: I borrowed the money to take this to court and desperately need the charges refunded! Please, someone, help!


Many thanks.

---

The story so far:
First letter sent: Give me back my money, you took it unlawfully.
Response in three days: Our charges are not penalties but service charges.
Second letter sent: Not satisfied with that, repay or face court.
-No response-
3 days later: Borrowed money to take to court, used moneyclaim online. Claim accepted, filed on a Monday.
14 days later (Sunday): No defence filed. Website wouldn't let me claim judgement by default.
Rang moneyclaim helpline: Apparently if the period in which the defendant can enter a defence expires on a sunday, they have an extra day.
Monday: Claim acknowledged. Blast!
Two weeks later: Letter described above arrives. Confusion ensues.

Update when I have one- assuming someone can advise me!

iwilldoitthistime

Hi there

I received exactly the same letter as you last week. I rang the court and was told they would be in touch in the next couple of weeks, probably to fill in an AQ, and to expect a court date sometime in July.

so its just wait.......