AQ dispensed/proceedings transferred

slovan

Edinburghlass wrote: »

As the above posts, most people are getting this now as they are dispensing with the AQ to save some time, you'll next hear from your local court.

MimiJane wrote: »

It's just a waiting game ... the fact that it appears Allocation Questionnaires are being dispensed with is a GOOD thing In effect, it means no more forms to fill in and all the hassle of copying correspondence, etc. to send back to the court. I believe you also have to send an extra £100 to the court with the AQ, which will not be necessary if you have no form.

The courts will notify you of a hearing date when one becomes available. They've INUNDATED with these claims, hence dispensing with the AQ ... unnecessary admin. and time on their part when the KNOW the banks are going to pay up ... in the vast majority of cases BEFORE it gets to court.

I've just read a thread about a student who went to court the other day and was obviously pretty terrified about the whole experience. He had his 5 minutes, didn't have to produce any papers and was just told by the judge that the bank would pay him within 28 days and that was it!

Yes, you must be prepared to go to court with the appropriate "bundle", but bear in mind, it is unlikely you'll actually have to attend and, if you do, you're one of many thousands being seen about re-claiming bank charges. The courts must be totally fed up with it all and I'm sure will want to resolve it quickly. The time allocated in court is 15 minutes I believe for each case, but it's highly likely the bank will settle before any due date.

Try not to worry ... it could go on for months (some people have had to wait for 3 months for a court date as their local court is so busy). This is exactly what the banks want ... to frighten people to the extent where they consider giving up. DON'T! You will get your money back ... there's no way any bank will appear in court and risk losing so, if you do have to attend, they won't be there to "defend" their case because they don't have one:rolleyes:

I've just started court proceedings myself and am still asking questions on here.

Have a good read of these threads ... the one on Success Stories will ease your minds. Arm yourselves with as much info. as possible and be prepared. This forum's full of the majority of information you'll need, although every case is individual to an extent.

Above all, don't let the bank intimidate you ... this is their aim! Just remember the money is lawfully yours and you WILL get it back

thanks to Edinburghlass and MimiJane

like alot of others here I received my letter stating the AQ was dispensed with (i'm only claiming back £350!)

reading your post and others certainly helped . I've reposted MimiJane's reply in full too as it's the most comprehensive one I've read so far


another thing I've realised through this whole experience and being on these forums is how powerful we are when we unite . Alot of people would have crumbled and got cold feet without this support network (myself included)

The banks may have the best lawyers and intimidation tactics but when people unite we are infinitely more powerful , and i think this is what scares the banks the most

I hope after this we all stick around and tackle more issues together

I plan to certainly stay online to help others through the process once I've won

(i'd certainly like to explore the issue someone raised before of the whole legality of the banks being able to mainfest money from nothing (bringing money into existence with our signatures when we apply for loans - money not based on gold or silver) and then charging us interest on it

and also the issue of drivers licences - someone mentioned in Canada a guy called Robert Arthur Menard proved these were not necessary as the constitution gave them a right to travel without gov permission or taxation. Do we have anything in the UK similiar, and can who ever posted this post more info?)

Day_Dreamer_7

Hi, I have managed up until now by reading the forum, and Martins advice. however now I am stuck. I started a claim online against LTSB, at the last moment they entered acknowledgement and then defence - again just as I was thinking it was all over!
So I have waited for something from the local court, after a week I rang MCOL and was told it would arrive. Today I received a notice of transfer of proceedings, along with a lengthy copy of the banks defence. However the letter from the court has `and note the allocated questionnaire should be returned to Southampton County court` crossed out.
So all I have is a copy of the banks defence, a letter saying it has been passed to my local court, another saying that a judge has sat at Northampton County Court and ordered that

1) The filing of an allocated questionnaire 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 3.5 (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.


** Please note that an allocation fee may be payable in this instance. Please contact the court of transfer for details.


Date order drawn: 21 June 2007

Also have a mediation leaflet which I assume is something thing they always send out!!!


So what do I do now? As i have no allocated questionnaire, do I sit and wait for a date or if not then what?


Please help as this has stumped me!!

Many thanks in advance.

LozBingley

Day_Dreamer wrote: »

Hi, I have managed up until now by reading the forum, and Martins advice. however now I am stuck. I started a claim online against LTSB, at the last moment they entered acknowledgement and then defence - again just as I was thinking it was all over!
So I have waited for something from the local court, after a week I rang MCOL and was told it would arrive. Today I received a notice of transfer of proceedings, along with a lengthy copy of the banks defence. However the letter from the court has `and note the allocated questionnaire should be returned to Southampton County court` crossed out.
So all I have is a copy of the banks defence, a letter saying it has been passed to my local court, another saying that a judge has sat at Northampton County Court and ordered that

1) The filing of an allocated questionnaire 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 3.5 (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.


** Please note that an allocation fee may be payable in this instance. Please contact the court of transfer for details.


Date order drawn: 21 June 2007

Also have a mediation leaflet which I assume is something thing they always send out!!!


So what do I do now? As i have no allocated questionnaire, do I sit and wait for a date or if not then what?


Please help as this has stumped me!!

Many thanks in advance.

Its just how the MCOL send out the information

You will get a letter from your local court soon
giving you further direction

debs2103

Hi all,

Gone thru the ways that martin has set out on the site to reclaim our bank charges, from applying 4 our statements and all the letters to finally taking them 2 court. Had our acknowledgement letter last week saying that the bank have 28 days to file a defence, now when i check mcol, it says :

You are unable to take any further action online on this claim.

The Defendant disputes the whole amount you have claimed. Your claim cannot proceed online and will be transferred to the appropriate court for continuation. You will receive confirmation to where the claim has been transferred to shortly.

The date on mcol for defence is 8/6/07, does this mean that the bank still have 28 days from the 8th 2 put in their defence or does this mean that they have already done so and im just waiting for the court allocation questionaire. I know its what the banks are hoping for, but i am starting to worry now lol :eek:

Stephen_Leak

debs2103 wrote: »

Hi all,

Gone thru the ways that martin has set out on the site to reclaim our bank charges, from applying 4 our statements and all the letters to finally taking them 2 court. Had our acknowledgement letter last week saying that the bank have 28 days to file a defence, now when i check mcol, it says :

You are unable to take any further action online on this claim.

The Defendant disputes the whole amount you have claimed. Your claim cannot proceed online and will be transferred to the appropriate court for continuation. You will receive confirmation to where the claim has been transferred to shortly.

The date on mcol for defence is 8/6/07, does this mean that the bank still have 28 days from the 8th 2 put in their defence or does this mean that they have already done so and im just waiting for the court allocation questionaire. I know its what the banks are hoping for, but i am starting to worry now lol :eek:

The claim will be transferred from <?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com[IMG]http://forums.moneysavingexpert.com/ /><st1:City w:st=[/IMG]<ST1:pNorthampton</ST1:p</st1:City> (where Money Claim Online are located) to your local county court, who will either send you an Allocation Questionnaire or set a date for the hearing.

debs2103

thx, but does that mean that they have filed a defence or does that happen when we get a court date, sorry 2 ask wot must seem a silly question but ive read so much on bank charges recently, and my brain is starting 2 get fried lol. The first few letters are quite straight forward, but now im going way out of my depth !

debs2103

ok had a letter from the courts this morning, a defence to my claim has now been filed. It says please read the accompanying documents carefully, but the part about the allocation questionnaire to be returned to my local court has been crossed out. then i got 2 pages of the banks defense and this :

Without Hearing

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.

Note: Any party affected by the 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.

Please note that an allocation fee may be payable in this instance. Please contact the court of transfer for further details.

So what happens next, i want 2 make sure i do everything right.

thx all

debs2103

gr8!
sorry 2 have one all round the houses when so many other ppl have had exactly the same letter. So ill just sit back and wait 4 the next letter with court date, and feel relief that if i have a problem i can come here and someone will point me in the right direction
thx 2 everyone for all ur help, as Slovan said, i as well as many others wouldve crumbled by now if it wasnt for the support this forum gives. :A

Edinburghlass_2

As your letter says to check re allocation fees, this is £100 if your claim is more than £1500 so do check with them if this is required.

debs2103

OOer, my claim is so i'll check that out. More money money money lol