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AQ dispensed/proceedings transferred

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  • MimiJane
    MimiJane Posts: 7,989 Forumite
    Part of the Furniture 1,000 Posts I've been Money Tipped!
    Jwoffy wrote: »
    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

    This is covered in detail on the CAG site :

    http://www.consumeractiongroup.co.uk/forum/hsbc-bank/78873-new-after-28-days.html?highlight=allocation#post695176

    It appears that, although Northampton court may not send you an AQ, it still may be asked for by the judge at your local court, or he may take another route. Have a look at the above link, which contains some great info. and suggestions on what to do.icon7.gif
    Wins since 2009 = £17,600

    MANY THANKS TO ALL OPS
  • lennae
    lennae Posts: 2 Newbie
    I have followed the process and Abbey have defended the claim. the court redirected the case to my local court and I am told l don.t need to do the questionaire..........................what happens next??
  • lennae
    lennae Posts: 2 Newbie
    I have been advised today the court process which abbey are defending for £1100 has been transfered to my local court and that the allocation questionnaire will in this case be dispensed with What does this mean . It says I can under rule 3.3(5) apply to have this set aside . What does all this mean? Someone please help

    many thanks
  • Edinburghlass_2
    Edinburghlass_2 Posts: 32,680 Forumite
    10,000 Posts Combo Breaker
    Have a read of these previous posts regarding the AQ being dispensed with.
  • nickchowney
    nickchowney Posts: 23 Forumite
    newbie here.......

    i've done the court proceedings part. had my claim defended. then had a transfer of proceedings letter.

    now i've recieved a solicitors letter on behalf of hsbc bank asking for an itemised list of the charges i'm claiming for.

    obviously......i've done several copies as instructed on here. i'll send one to the solicitors. but my question is:

    a court date has been set for early july..........will hsbc's solicitors try and make me settle for "an amount" between now and then?

    also.........i'd be quite happy for it to go all the way.......if i just sit tight, will i get the amount claimed in full?

    thanks for your help in this.
  • Stephen_Leak
    Stephen_Leak Posts: 8,762 Forumite
    1,000 Posts Combo Breaker
    They will probably offer an "out of court settlement". If its the full amount, plus court costs to date and (if claimed) interest, then take the money and run, as they say. However, if it is a "without prejudice" offer of less than what you want, you have every right to refuse it.
    The acquisition of wealth is no longer the driving force in my life. :)
  • nickchowney
    nickchowney Posts: 23 Forumite
    thanks stephen,

    was just getting a little nervy as to what i was supposed to do next.............

    i'll hang on in there and see what they offer me.

    cheers
  • I have been sent a letter saying bank are defending but where it says fill in the allocation questonaire it has been crossed out and on the next page it says not needed to fill it in unless judge says otherwise .Why is this.
  • We have now had a court date set for the end of june at southend. It says "It is ordered that the claim be stayed until 27 June 2007" Does this mean we dont actually physically have to go to court? It doesnt ask for any paper work for us to send in. so do we just sit tight and wait for barclays to pay up? We sent them a nudge letter about 2 weeks ago and have hear nothing. I am guessing we just keep sending letters to get barclays to act.
    any advice appreciated!!
  • lillywhizz
    lillywhizz Posts: 17 Forumite
    Hi
    We received notification that our case against the Abbey was being transferred to our local court. Then 7 days later we have received a 'Notice To Pay Fee' letter, stating:

    "Allocation Questionnaires were dispensed with by the order of the Judge, but as our claim is over £1500 then an allocation fee of £100 is still payable".

    They have given us 10 days to pay this or the case will be struck out without further notice.

    Is this normal? Has anyone else had this? Can I claim this further £100 back together with our initial MCOL fees of £120?

    Any help would be gratefully received, thanks.
    Lillywhizz
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