AQ dispensed/proceedings transferred

Edinburghlass_2

a) yes
b) yes
c) yes but a solicitor shouldn't be necessary, start reading up on the Court Bundle which you'll find linked to in Martin's article and have a read of threads regarding letters you may receive from the bank's solicitor.

As regards your g/f's claim you need to let MCOL know that she has accepted an offer and to stop the case but don't do this until the money is through.

AbbeyBasher

Cheers for the info.

AbbeyBasher

sunbeam162

Im claiming my bank charges back from hsbc. They have entered a defence claiming that when I opened my account I knew the terms and conditions and the price list for these charges. That the charges are reasonable and are properly and fully disclosed on the price list so they are not unfair. The County Court have dispensed with sending me a allocation questionnaire unless the District Judge at the court orders otherwise. Has anyone else had this?

Beate

It's very common now. The judges are getting weary of the banks delay tactics. It's good news as it means you don't have to fill in the AQ, so just sit tight and wait for a court date.

volcano123

being taken to court i had letter from court expecting to have allocation questionaireit says the filing of an allocation questionaire to be dispensed with in this case unless the district judge orders otherwise is this normal and what papers do i need to send to court if asked

Stephen_Leak

volcano123 wrote: »

being taken to court

No, you're not. You're taking them to court!

A lot of courts aren't using the Allocation Questionnaire any more, as they now know what these cases usually involve, how long the hearings usually take and that the bank’s solicitors usually don't turn up.

The next step is to start getting your court bundle up together. This is basically three copies of everything you already have: your list of charges, your letters to the bank and any letters from the bank. Depending on the actual defence, you will need some other more legal documents. Please read the Court Bundle Checklist thread.

The bank’s solicitors won’t turn up. They daren’t. The last thing they want is to have to answer some potentially very expensive questions, such as just how little it does cost them to administer a late payment, overdraft, etc. However, this doesn’t mean that you “win” automatically. You still have to prove to the judge that you are due your charges back.

Please read the Reclaim Bank Charges Help thread for information and the Reclaimed Bank Charges Success Stories and Reclaimed Bank Charges Success Stories II threads for inspiration.

volcano123

sunbeam i have just had exactly the same letter as you no questionaire trying to find out wat papers i need for court so hang in there for court date

sunbeam162

Thanks to everyone who anwered my question yesterday. Thank you!

hennups

:rolleyes:
HI

Sorry to be really thick but I've been on here reading for about an hour and can't find a direct answer so here goes...

I received Barclay's defense today. Notice of TRansfer of Proceedings says the following on the front:

"... Please read the accompanying documents and note that the allocation Q should be returned to the Plymouth County Court"

There is no allocation form in with the letter.

On the next page is the stamped thing from Northampton Court. It says...

"IT IS ORDERED THAT:-
The filoing of an allocation Q be dispensed with in this case unless the District Judge at the court oif transfer orders otherwise.**

... PLease note that an allocation fee may be payable in thisn instancce. Please contact the court of transfer for further details"

Ok, so I have no allocation questionnaire and don't need one is this right? Should I contact the court anyway?

Then on the Defence copy that Barclays filled in, their defence states...

"The Particulars of Claim do not provide details of particulars of the account in question and / or the precise charges alleged to have been unlawful, or the date thereof"...

So did they not receive my spreadhseet of charges on my account? I sent these to Barclays originally. Should I now send them to the court and to their solicitor?

It's a really long defense and quite scary! Is this the usual stuff? There's like 11 points on extra pages too!

Any help gratefully recevied!!

HarriettPotter

Hi all

My bro has had a letter this morning saying that Lloyds TSB have entered defence etc etc but they say that he is exempt from completing an allocation questionnaire.

My boyf is at the same stage but has to fill one in. Anyone know why they are different? Is there a reason for being exempt?

Anyone who can help me out I would be very grateful. Also any guidance on what to put on boyf's AQ would be useful.

HP