AQ dispensed/proceedings transferred

24_Gramms

I have not had this (yet) as my claim is just under £500 but i believe it is only priced £100 if it is in the £5000 range, strange. How much did you pay when you filed your claim on MCOL. Even if you have to pay i'm almost sure it will be reufunded if and (hopefully) when you win. Also its best you call them and tell them that you've payed online.

markshark_2

I believe if your case is over £1500 then you need to pay an additional fee of £100 once it is transferred to your local court.

However this is also included in your total claim, so it usually means the bank owes you an extra £100

lillywhizz

Thanks guys for your quick responses. I did pay the £120 online when we initially went through MCOL. However, I will ring the local court and inform them of this. If we have to pay another £100 then so be it, it'll just be more to add.

Once this further £100 is paid, do I just sit and wait for a court date? Or do I need to prepare a court bundle? Confused!!!!!

On another note, after reading hundreds of posts on here, I have since realised that there was specific wording to put in the details of the claim on MCOL. I didn't do this, and am now worried that it may have an adverse affect on our claim.

We have received a long defence off Abbey, which is quite scarey, I'm going to read it again in more depth and see if it's a standard one.

Thanks again for your help in this.

Lillywhizz

echads

Apologies if I'm posting this in the wrong place, but I hope someone can still help! I have received a Notice of Transfer of Proceedings from the Court, claiming from Lloyds TSB, their lawyers are Sechiari Clark and Mitchell.
On the covering letter the bit it says 'Please read the acompanying documents carefully and note that the allocation questionnaire should be returned to the Southampton County Court' HOWEVER the bit that reads 'and note that the allocation questionnaire should be returned to the Southampton County Court' has been crossed out. So am I right in thinking I don't have to fill anything in for now and wait to hear something more from them. I've got this far so don't want to mess it up now - I'd be really grateful for any advice or if anyone else has received the same thing. Thanks in anticipation

ssparry

Reeived that today but no allocation questionnaire, courts now closed - will it follow in the post, doesn't say either way!

Also, no.4 it says "if you wish to make a counterclaim.....you will have to pay a fee"?

SRV_2

Hiya

I am currently claiming my bank charges (£1800 inc stat interest) back from Barclays. I turned down an offer of less than a third of the total amount and went to the small claims court.

They have contested the claim. I have now received a letter from the court telling me the claim has been transferred to my local court and also saying the following...

"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.

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.

Date order drawn: 8th May 2007"

There then follows a couple of pages where Barclays sets out its defence.

Can anyone tell me what the above statement means and what I should do next? Do I just wait until I am given a court date or should I be doing something more pro-active? What is this questionnaire that has been dispensed with and is that in my best interest?

Very grateful for any advice

SRV
:cool:

MimiJane

See my post at the top of the page (no. 121), click on the link and you'll find suggestions on what to do next.

zakelle

Hi all,

My first post so please be gentle.

LloydsTSB have decided to defend my claim and this morning I received a 'notice of transfer of proceedings' to my local court in Cardiff.

The letter tells me to 'read accompanying documents carefully and note that the allocation questionnaire should be returned to Cardiff County Court'. All well and good, however there was no allocation questionnaire enclosed!!!

Then, on reading the official (Northampton County Court stamp) court transfer notice it says -

Without hearing

IT IS ORDERED THAT:-

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


So, should i have a questionnaire to fill in or not? And if not, is this a common practice, to have the questionnaire 'dispensed with'.

What happens next? Will Cardiff now get in touch with a hearing date?

Apologies for what may seem trivial questions, it's all a bit confusing and stressful, especially it happening on the day I woke up to find out that LloydsTSB had successfully defended a claim.

Thanking you in advance for any help and advice you can give

TraineeMidwife

Hi All

I am in the process of claiming back 3174.93 from Lloyds.

Lloyds have entered a defence which is the usually photocopied nonsense. However with Notice of Transfer (to my local County Court) there is an Order saying that the allocation questionnaire has been dispensed with. I have been given 14 days to apply to have this order set aside, varied or stayed.

Is this a good thing? Any advice gratefully received.

Student Midwife trying to stay in credit while training on pathetic NHS bursary

Edinburghlass_2

As you can see from the previous posts this is becoming quite common in order to speed up the court process.

You may still be asked for more information or the AQ by the court and if so send them whatever information they ask for.