AQ dispensed/proceedings transferred

Edinburghlass_2

As you can see, quite common and you will hear direct from the court and possibly from the bank's solicitor asking for further information.

markshark_2

Hi all,

Apologies in advance if I am asking questions that have already been asked but I have spent all day looking for the answers but am just getting more and more confused.

As seems to be common recently, my gf's claim against Barclays for just under £1500 has been defended by the bank via MCOL. We received the following letter on 2nd May 2007:

"To all parties

A defence to this claim has been filed.

The claim has been transferred to the court covering the area where the defendant lives or carries on business.

Please read the accompanying documents carefully. (the part about allocation questionnaire was crossed out)

All further communication should be addressed to:

Pontypridd County Court....."

This letter was dated 2nd May 2007.

We then received another letter saying that the case was being transferred to Cardiff County Court. Then another letter was received from Cardiff CC:

"Upon the Courts own motion. The court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it

IT IS ORDERED THAT

1. Directions will be given in this case by the Designated Civil Judge, His Honour Judge G Hickinbottom, on the 14th August 2007 at 10:30am at Cardiff Civil Justice Centre, 2 Park Street, Cardiff CF10 1ET.

2. The parties may appear in person or make written representations as to how the case should proceed provided a copy of the representations is sent to the Court and the other side at least 7 working days prior to the hearing."

This letter was dated 12th May 2007.

Quite frankly we're stumped now. Some people have said to get the Court Bundle in within 14 days of this letter (obviously too late now). Others have said try contacting someone in Barclays directly, as they tend to settle now a court date is set. Yet other people have said write a letter to the court with how you want to proceed?

I could really do with some advice on the next steps to take pretty please

Thanks in advance,

Mark.

markshark_2

*bump*

Sorry but I'm really worried about this :eek:

hopeleigh

Lloyds TSB are defending my claim for 940 pounds and the claim has now been transferred to my local court. In the Notice of Transfer of Proceedings letter it says ;. IT IS ORDERED THAT :- 1. The filing of an allocation questionnaire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise.
Should I read anything into this??? and when do I recieve a court date as its not in the letter?.
To top it all I have just arrived back from holiday and checked my bank account. I had miscalculated my finances before I went away and hadnt accounted for a cheque for 22.10 , this made me go overdrawn by 13 pounds, they are now wanting to charge my 90 pounds next month , I went in to the branch today to discuss it and explain that id made an error and could they please drop the charges. The reply was ' ill photocopy the letter and put a note on it for the manager to look at and decide, but I wouldnt hold your breath !! . I have already tried explaining to them that im a single parent trying hard to keep my head above water and cant afford these hideous charges, but they dont give a damn.

Edinburghlass_2

markshark wrote: »

IT IS ORDERED THAT

1. Directions will be given in this case by the Designated Civil Judge, His Honour Judge G Hickinbottom, on the 14th August 2007 at 10:30am at Cardiff Civil Justice Centre, 2 Park Street, Cardiff CF10 1ET.

2. The parties may appear in person or make written representations as to how the case should proceed provided a copy of the representations is sent to the Court and the other side at least 7 working days prior to the hearing."

This letter was dated 12th May 2007.

Quite frankly we're stumped now. Some people have said to get the Court Bundle in within 14 days of this letter (obviously too late now). Others have said try contacting someone in Barclays directly, as they tend to settle now a court date is set. Yet other people have said write a letter to the court with how you want to proceed?

I could really do with some advice on the next steps to take pretty please

Thanks in advance,

Mark.

You follow the instructions in the letter which says you have to have all information to the court 7 working days before the hearing although it sounds more like a "directions hearing".

Certainly worth another try to the bank in view of the time scale, suggesting you will accept your full claim plus your court costs and point out this will save the bank paying your interest. Also you can add in that you are copying this to the FO as this may well help to push them to an offer.

Edinburghlass_2

hopeleigh wrote: »

Lloyds TSB are defending my claim for 940 pounds and the claim has now been transferred to my local court. In the Notice of Transfer of Proceedings letter it says ;. IT IS ORDERED THAT :- 1. The filing of an allocation questionnaire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise.
Should I read anything into this??? and when do I recieve a court date as its not in the letter?.

Its up to your local court now to set a date and/or ask for further information, the bank's solicitor may well ask for further information, please look in the Reclaim Help Thread for links to relevant threads.

miaowmiaow_2

HSBC defended my claim and I received a letter with a copy of their defence, a "Notice of Transfer of Proceedings" and a letter from Northampton County Court, but I haven't received a court allocation questionnaire. I waited a couple of weeks in case it was sent separately, but I haven't heard anything at all. What should I do now?

Edit: Oh, I finally realised that it says that I won't get one unless the judge decides otherwise (I took dispensed to mean that they will be sending me one, rather than that they've got rid of the need for one), but I'm still confused, do I just wait for a letter from the courts now?

lollylolly

Hi

I am in the same predicament with the Halifax. Taking them to court for around £2k and getting a bit nervous. I am going to go ahead definitely but the Court thing is still rather daunting when you are unsure of what you should be doing.

Good luck!!

Edinburghlass_2

Once your local court sets a date they will write and let you know and they may ask for "trial costs" of £100 if your claim is more than £1500, this was normally asked for with the AQ but as they are being dispensed with to speed up the process they will ask when you get a date.

Next you may hear from the bank's solicitor asking for further information, at this stage send of the long version of the POC which is in the Reclaim Help Thread and a detailed list of your charges, with date, amounts and description. You don't need to answer other questions the solicitor may ask.

You'll find links to these threads in the Reclaim Help Thread too and its worth looking at the Court Bundle Checklist and if you follow the link in Martin's article to CAG you can find the Court Bundle there.

Always worth reading the relevant thread for your bank for other users experiences and to see what stage others are at and they will help and support.

AbbeyBasher

Hi all

I've issued a claim againt Abbey through the Money Claim Online website (approx £3000). Abbey have issued a defence againts it and the claim has now been passed to my local court for hearing. I've received some documentation that I have to complete and pass on to them. I've also now got another charge to pay to have the claim heard in the local court (£100). I have a few questions though:-

A) Do I fill out the forms and send them to the local court and pay £100
If I win the claim, will I get the £100 and the original £120 from Money Claim reimbursed ?
C) If I hear nothing from Abbey with regards to an offer, do I need to attend the court hearing on the court date with a solicitor?

I also registered a claim for my girlfriend against Nat West. We put this onto Money Claim and Nat West offered her about 75% of what she was claiming, which she decided to accept. We have now also been informed that her case has been sent to the local court. How do we stop this process as she has obviously settled out of court ?

Regards

AbbeyBasher