AQ dispensed/proceedings transferred

cometherevolution_2

rogan wrote: »

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?

I know it is so annoying and tedious but I think you just have to wait for them to send out a court date you can always ring them to check. but will probably be about july. in the mean time it cant hurt to send a without prejudice letter to the bank saying you will drop the case if they settle and put the amount in you will accept. if they dont reply thats fine it wont have any bearing on a court case. hope this helps.

JenW_3

Hello all,

I claimed online (MCOL) and haven't sent any paper to the courts yet. I received the defense and request for further information from Cobbets on the 27th April asking for the info to be sent by the 4th May (ha!). I note that it has been said elsewhere that I don't have to respond to the CPR 18, is that right?

The court sent me a letter with the defense attached and also said that the case had been moved to my local court. It then said that an AQ would be "dispensed with unless the district judge at the court of transfer orders otherwise".

So I'm a little worried and confused about what happens next. Do I still get an AQ? What time frame am I looking at here? What should I do about the defense and further information request? What happens next?? :eek:

Help!

Thanks!

frivolous_fay

Out of interest, what are they 'counterclaiming'?

Jwoffy

Hi

I am claiming from Lloyds and today I have received a letter of Notice of Transfer of Proceedings. The letter reads:

A defence to this claim has been filed

The clain has been transferred to the court covering the area where the claimant lives......

Please read the accompanying documents carefully and note that the allocation questionnaire should be returned to the Birmingham Court

On the following page it states:

THE FILING OF AN ALLOCATION QUESTIONNAIRE BE DISPENSED WITH IN THIS CASE UNLESS THE DISTRICT JUDGE OF THE COURT TRANSFER ORDERS OTHERWISE.

Does this mean that I do not have to fill out a questionnaire? There was not one with the letter and I am a bit confused. I have look through this site and cannot find an answer for this question.

Can someone please help me?

Many Thank

goaliesmum

i definitely read on here somewhere last night that the AQ was not being used as much, someone will give you a full response soon

Jwoffy

Thanks for that - it doesnt make it clear in the letter so I was getting worried. If someone could give me a definate answer - that would be great.

Many Thanks again

Silverlady_4

I am in the same position with Lloyds TSB. I went online to Northampton CC, Lloyds entered a defence, 3 pages, the Judge has dispensed with the AQ and transferred the case to my local County Court. I phoned the Court and they said they would contact me with a date. Does anyone know what I should do when I get the date, I too am getting a bit worried.

mrkh1

Hi there i've just tried to complete my on MCOL form a halifax credit card account, but they have asked for a address in england and there card services office is in Fife. Does anyone know what address i should use, thanks in advance

Andrewpa

As an adjoinder to seemingly every post in this thread, I recieved a letter from my local court after transfer and disposal of the AQ. The main content of which is below...

"Because this Order has been made by the Court without considering representations from the parties, the parties have the right to have the order set aside, varied or stayed. A party wishing to make the application must send or deliver the application to the court (together with any appropriate fee) within seven days of service of this Order."

Does this then mean an AQ has to be completed?

Any help appreciated guys

Ta

Andy

MimiJane

Silverlady wrote: »

I am in the same position with Lloyds TSB. I went online to Northampton CC, Lloyds entered a defence, 3 pages, the Judge has dispensed with the AQ and transferred the case to my local County Court. I phoned the Court and they said they would contact me with a date. Does anyone know what I should do when I get the date, I too am getting a bit worried.

Although it most likely won't get to court, you should start to get your court bundle together (see CAG site for all the info.). Get together all your original statements, copies of all correspondence and the legal stuff recommended on the CAG site which you an download. You will need 3 copies, but leave the copying until the last minute as it can run to 200 sheets of paper and most likely won't be needed, though I believe you have to send copies out to the bank and court within 14 days of the hearing.