AQ dispensed/proceedings transferred

Lyn0612

Hi i'm claiming bank charges on behalf of my son,(he's not very confident with forms etc) i've completed all the forms in his name and followed Martin's online instructions which have been excellent! i now need some help! HSBC have instructed DG Solicitors to act on their behalf. The first letter received from the court was a notice of Transfer of Proceedings, with the letter it stated the filling of an allocation questionaire be dispensed with unless the District Judge at the court of transfer orders otherwise. Is this normal? i've now received a letter from Guildford court telling me when the hearing will take place, and that the follwing directions apply to this case: Each party shall deliver to every other party and to the court office copies of all documents whch they intend to rely at the hearing. Signed statements setting out the evidence of all witnesses on whom each party intend to rely on etc. Plus another £100.00 to pay the allocation fee. Is this normal and if so can anyone offer any advise and assistance. Also should i notify the court and bank that i'm acting on behalf of my son.

Edinburghlass_2

As you can see most people are getting this response now with the AQ dispensed with to speed up the process, "trial fees" are payable if your claim is over £1500.

You'll find a link in Martin's article to the Court Bundle across at CAG. Not sure if you can now say you are acting for your son as I assume he is the one who has signed the forms therefore he is the person taking the bank to court but you can ask the court.

Kurt_Hamster

I'm sure there was a thread over on CAG about how one judge got uppity for someone acting on someone else's behalf and making the claim for them.

Apparently only solicitors can act on someone else's behalf in a court claim.

Lyn0612

Hi Kurt Thanks for the advise, in that case I'll not mention this to the court. i do have however third part authority from the bank to handle and discuss issues about my sons account. He has been fully aware of all the comunications from the bank through out this claim. Can i just be a witness inthis case then?
Linda

Kurt_Hamster

Lyn0612 wrote: »

Hi Kurt Thanks for the advise, in that case I'll not mention this to the court. i do have however third part authority from the bank to handle and discuss issues about my sons account. He has been fully aware of all the comunications from the bank through out this claim. Can i just be a witness inthis case then?
Linda

I'm not 100% sure of the rules, but if you do everything in his name, with his signature and not your own then I believe that is okay when he has given you full authority. I'd not broadcast it though. From what I can gather the problem arrives if you claimed with your name on the claim form but with all his details and entries in the PoC saying you were claiming on his behalf/and or advising him on his claim.

The only problem would come if a personal visit to the court is required. He would have to appear. Obviously you could come with him, but all discussion would be aimed at him.

Lyn0612

Thanks, The court are asking for documentation, i assume the list showing the charges each mth which I used from MSE is sufficient? Also there're asking for statement? have you come across this before? I'm just conscious to get everything in order, I'd hate to loose due to lack of preparation.
re going to court, my son will attend court and understands he may be questioned. Is there a record of other cases that went to court and the sort of questions the judge may ask?
Cheers!

chelsie15

Am claiming from HSBC for my son. Have just had Transfer of Proceedings to our local court.It states that any party affected by this Order may under Rule 3.3 (5) apply to have it set aside, varied or stayed.(which one do I do) also such a party must apply under Rule 23.3 within 14 days of service of this order.Is this where I send off the long version of POC to Solicitor and our local court.

YourLocalGP

Re the list of charges, I'm about to send off the covering letetr and list of charges, but they're not all for the same thing and I can't very easily now go through the hunderds of pages of statements again and get the exact description for each one, in time for them to arrive at the court on time. Is it ok to just put "penalty charge" next to each one?

YourLocalGP

I really do need to know what to put in this covering letter though. What do I say? Just that the attached sheet has the information requested by the defendant? Details? where do I even send it? To Barclays or the court? It's not clear on this letetr they've sent me.

MRSMCAWBER

Hi there

Im sorry if this is in the wrong place..i have looked for the answer but im going round in circels....sooooo

im claiming back nearly £1700 on behalf of hubby -from Barclays...
I did the claim via MOL....and BARCLAYS replied they were entering a DEFENCE....yesterday we got this letter:-

To all parties

a defence to this claim has been filed

the claim has been trandferred to the court covering the area where the CLAIMANTlives or carries on business.

Please read the accompanying documents carefully.

All further communication should be addressed to...

I then have a page that says :-

NORTHAMPTON COUNTY COURT

BETWEEN -********
AND BARCLAYS BANK PLC

IN THE IPSWICH COUNTY COURT

BEFORE DISTRICT JUDGE *******

SITTING AT NORTHAMPTON COUNTY COURT

WITHOUT HEARING

IT IS ORDERED THAT :-
1) THE FILLING OF AN ALLOCATION QUESTIONAIRE 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 APPLY TO HAVE IT SET ASIDE, VARIED OR STAYED. SUCH 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.

Attatched ARE 3 pages headed - DEFENCE AND COUNTERCLAIM (SPECIFIED AMOUNT)..which has been filled in by barclays solicitor.

Sorry for the length of this but im puzzled....there is nothing for us to fill in, will this be coming seperate?

would really appretiate one of you wonderfull people telling me what to do next....many thanks jill