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AQ dispensed/proceedings transferred

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  • Stephen_Leak
    Stephen_Leak Posts: 8,762 Forumite
    1,000 Posts Combo Breaker
    hennups wrote: »
    :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!!
    :confused:

    Standard tactics, I'm afraid. Its just another attempt to make you give up and go away.

    However, you do need to provide the banks solicitors with the information they ask for. You would have thought that the bank would have passed on everything, but I wouldn't put money on it. The judge will expect both parties to show courtesy to each other, so send them all they ask for with a really polite covering letter. This will do your case no harm whatsoever when the judge reads it and sees how you have not risen to the bait.

    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.

    After this, 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.
    The acquisition of wealth is no longer the driving force in my life. :)
  • Stephen_Leak
    Stephen_Leak Posts: 8,762 Forumite
    1,000 Posts Combo Breaker
    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

    Some courts and judges 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.

    Information on how to fill one in is in the Reclaim Bank Charges Help thread.
    The acquisition of wealth is no longer the driving force in my life. :)
  • MimiJane
    MimiJane Posts: 7,989 Forumite
    Part of the Furniture 1,000 Posts I've been Money Tipped!
    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.

    Is HP

    Is your boyfriend's claim for over £1500? If so, he may well still have to pay the AQ fee, even if he doesn't have to complete one (I had to pay this). Check with the court and, if he does have to pay, he has 14 days to do so.
    Wins since 2009 = £17,600

    MANY THANKS TO ALL OPS
  • my claim against barclays is currently going thru the court process.received letter dated 4th june 2007 from my local court saying the case has been passed onto them from Northhampton.so far not received a questionaire.previously barclays had filed a defence on mcol on 20th may 2007.unsure what to do now?
  • Beate
    Beate Posts: 3,522 Forumite
    Part of the Furniture Combo Breaker
    Sit tight and wait for the court date. And get your court bundle ready.
    Reclaimed thanks to this site:
    £175 Abbey Mortgage Repayment Fee, £170.03 Capital One Bank Charges £418.07 Lloyds TSB Bank Charges, £2,671.55 Mis-sold Endowment Policy, all for OH
  • Stephen_Leak
    Stephen_Leak Posts: 8,762 Forumite
    1,000 Posts Combo Breaker
    marco wrote: »
    my claim against barclays is currently going thru the court process.received letter dated 4th june 2007 from my local court saying the case has been passed onto them from Northhampton.so far not received a questionaire.previously barclays had filed a defence on mcol on 20th may 2007.unsure what to do now?

    There is not a lot you can do except wait for the the letter from the court and copy of the defence. They are probably just busy.

    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.

    In the meantime, 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.
    The acquisition of wealth is no longer the driving force in my life. :)
  • I am obviously one of the few unlucky people who have been transferred from Northampton to my local County Court. I was asked to fill in an allocation questionnaire which wasn't even enclosed. I rang & got a form sent to me, filled it in, then when I got near to the end of the form noticed that it was asking me to enclose a fee!! I had already sent a court fee to Northampton when starting the claim on-line so was a bit confused. I thought that was all the fees! When ringing the local county court I was told that I would have to send a fee of £100. They don't even give me a court date for that, I'm not sure what exactly they do now! Does anyone know the process as I cannot find any infomation on this part of the claim process on the website? I believe not many have gone to county court instead of the small claims? Should I send the fee, is it worth spending another £100? Has anyone else experienced this yet? Hopefully someone can help! Yours hopefully, Jackie
  • stargazer59
    stargazer59 Posts: 726 Forumite
    I am obviously one of the few unlucky people who have been transferred from Northampton to my local County Court. I was asked to fill in an allocation questionnaire which wasn't even enclosed. I rang & got a form sent to me, filled it in, then when I got near to the end of the form noticed that it was asking me to enclose a fee!! I had already sent a court fee to Northampton when starting the claim on-line so was a bit confused. I thought that was all the fees! When ringing the local county court I was told that I would have to send a fee of £100. They don't even give me a court date for that, I'm not sure what exactly they do now! Does anyone know the process as I cannot find any infomation on this part of the claim process on the website? I believe not many have gone to county court instead of the small claims? Should I send the fee, is it worth spending another £100? Has anyone else experienced this yet? Hopefully someone can help! Yours hopefully, Jackie
    Dont panic!! This is the fee for the AQ and is perfectly normal...and you will get it back WHEN you win!

    I filed mine on monday and paid the money, just waiting to see if HSBC file theirs on time, then just sit and wait for a court date...good luck
  • dreamin
    dreamin Posts: 35 Forumite
    I have recived the following from Northhampton county court:-

    Between XXX and Lloyds TSB Bank PLC

    Court of transfer Gloucester County Court

    Before District Judge Murdoch

    Sitting at Northhampton County Court

    Without hearing
    IT IS ORDERED THAT:-
    1.The filing of an allocation questionaire be dispesed with in this case unless the District Judge at the County 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.

    What does it mean?:confused:

    I have not yet been given a court date.

    Cheers
    Baz
  • Beate
    Beate Posts: 3,522 Forumite
    Part of the Furniture Combo Breaker
    That means you do not have to fill in an Allocation Questionnaire. That's good news! Just sit tight, wait for another letter with your court date in it or an offer from Lloyds TSB - whatever arrives sooner.
    Reclaimed thanks to this site:
    £175 Abbey Mortgage Repayment Fee, £170.03 Capital One Bank Charges £418.07 Lloyds TSB Bank Charges, £2,671.55 Mis-sold Endowment Policy, all for OH
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