AQ dispensed/proceedings transferred

Stephen_Leak

OK. Firstly, the court has dispensed with the Allocation Questionnaire. It is a great big form, which provides the court with basic details of the claim. However, so many courts have now handled so many of these cases that they know what to expect and what the chances are (as slim as a size zero model) of the bank turning up. It does, however, go on to still give the judge involved the opportunity to ask for one. I doubt that he will, but they really don't like being told what to do!

The "extra" information is exactly what you think it is. The account number would have been in our template for the Particulars of Claim, but the banks solicitors are just being obstructive by asking for it again.

As for the details of the charges, they know full well that the MCOL form only gives you 1089 characters to play with. The printout from the interest calculator should do, but again, they know that it doesn't include a description of each charge. In my case, I just copied mine into Excel and added a column with "Late Payment".

Keep the interest in, calculated up to the date of issue. It really comes into its own as a bargaining chip at this stage. You are saying to them, “If you let this get to court, it will cost you my charges, court fees and this amount in interest. So save yourself time and money and pay me my charges and court fees now.”

Don't bust a gut trying to compose the best covering letter in the world: its just a covering letter. Keep it concise and polite: when the judge reads their defence and sees that you haven't risen to the bait, it won't do your case any harm. The judges expect the claimant and defendant to show courtesy to each other, so the banks attitude has given you a golden opportunity to score a couple of points off of them for little or no extra effort.

You begin to see how this "game" is played now?

barclls

George
I am at a similar stage to you and have received a 'Notice of transfer of proceedings' in which the allocation questionnaire bit has been crossed out and no questionnaire was enclosed.
I have since received a 'Notice of Allocation to the Small Claims Track (Hearing) with a date for my hearing at my local County Court and also requesting me to pay an allocation fee of £100.

I read somewhere in one of the threads that they seem to be doing away with the allocation questionnaires in a lot of cases which is what it sounds like in your case.

With regard to details of the charges, did you send a copy of the table of charges to your bank with your initial letter?

Sparklebarcll

Edinburghlass_2

Send them a list of your charges with description, date taken etc and also send the the "long version" of the POC which you'll find in the Reclaim Help Thread.

If your claim is over £1500 you still have to pay the further "trial costs" of £100.

LadyT76

I have recently received a notice of transfer proceedings letter, from Northampton court.

All is states is that further communication should be addressed to the new court. Part about allocation questionnaire has been crossed out. So my question to what is my next move??

The letter has Abbey's defence attached, so I'm a little confused, can anyone help???

Many thanks

manbelow

could someone help me please
i've had a letter from my local court with my banks defence attached,
stating questionnaire has been despensed with unless the judge states otherwise. i have also had a second letter sent to me from the court which says
" your claim is to be allocated to the small claims track. a fee of £100.00 is payable unless you make an application for a fee exemption or remission.
if by 05 june 2007 you have not payed the fee or applied for a fee exemption or remission. your claim will be automatically be struck out without further order of the court and you will be liable for the costs which the defender has incurred."

could someone please help me what do i do now, as a matter of urgency as ionly have a week left to reply.
thankyou.
pt

Edinburghlass_2

Edinburghlass wrote: »

Send them a list of your charges with description, date taken etc and also send the the "long version" of the POC which you'll find in the Reclaim Help Thread.

If your claim is over £1500 you still have to pay the further "trial costs" of £100.

If your claim is over £1500 as above you need to send the £100 further court fees and at that time its as well to send your local court the long version of the POC with your list of charges.

iconic_2

Ok, I am in all honesty now starting to panic somewhat.

Gone through the usual process in order to reclaim my bank charges against first direct. Made an online claim and they have now filed a defence against my claim which has been transfered to my local County Court.

No date is given for the proceeding in the documentation the court has sent me. Also the provision for the questionanaire has been crossed out on the letter from the court. What do I have to do now??? Anything??? Do I need to get in touch with the court or just wait??

Nothing seems very clear as what I should be doing next.

My claim is for an amount not far short of three thousand pounds which to me is a great deal of money.

I can see mine being the second case to lose. If anyone can help I would be most greatful.

In anticipation!!!!

Ed

Edinburghlass_2

You need to wait to hear a date from the court and they may ask for further information. When you get this or indeed a letter from the bank's solicitor then send the long version of the POC as above with your list of charges.

lavidaloca

OK this is what happened to me, I posted on this thread way back .
My claim is against Yorkshire Bank.

After filing the MCOL, I received
1)The Notice of Issue from Northampton Court 28.02.07.
2)Notice that Acknowledgment of Service has been filed 02.03.07.
3)The bank then sent me their defence.
4)Letter from Northampton Court to say that the allocation questionnaire had been dispensed with together with Notice of Transfer of proceedings where it stated " The claim has been transferred to the court covering the area where the defendant (this word crossed out and claimant handwritten above) lives or carries on business. 30.03.07.
5)Notice of allocation to small claims track (hearing) at local court but no court date on this but an important part "Each party shall deliver to every other party and to the court office copies of all documents (including and experts' report) on which he intends to rely at the hearing no later than 14 days before the hearing). This is the court bundle. 12.04.07
6)Notice of trial date. 08.05.07.

I didn't do the court bundle until I got the trial date and had received no offers from the bank.

NB Do not leave the court bundle until last minute it is very lengthy if you want to do this properly. It took me a day to prepare and went to 96 pages and there is lots of photocopying. Sorry can't do links but this court bundle can be found on Consumer Action Group site. If you do use this and the site then please donate if you get your charges back.

Once I sent this off to both bank and court I received an offer for full amount owed plus court fee but no interest. Letter went back saying thanks but no thanks asking for interest. Awaiting answer.

It was a few weeks before I got a court date but you can always ring the courts if you are worried they are very helpful and don't bite.

monkeymonkey_3

Edinburghlass wrote: »

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.

Hi, I have had the same letter as many people above, saying that AQ has been dispensed with, and with the bank's defence attached. As with many other people, part of their defence claims that I have not been specific about the account for which I am claiming, and the precise dates and individual amounts of each charge. It seems I did overlook putting my account reference into my online claim form (although obviously the form included my name and address). My question is, do I re-send this information to the bank/court now (detailing the account number, dates, amounts etc, and linking this to the court claim reference), or do I wait until specifically asked for extra information? I just don't want to give the bank a chance to say they didn't know who I am, or what I'm claiming for etc.
Thanks!