AQ dispensed/proceedings transferred

blademon0101

Hi have received this from court can any one help?
1.It is ordered that the filing of an allocation questionnair be dispensed with in this case unless the district judge at court of transfer orders otherwise.

Then Barclays have put in a quite lengthy defence.
is there any way i can attatch pdf file of these to post?

Edinburghlass_2

As the above posts, this is now common to speed up the process at the courts. You now need to wait on a court date which will come from your local court.

dmw_2

gone through the 1st and 2nd letter stage. rejected the banks original offer and filed claim as advised.Lloyds TSB are defending the claim and I have had the following.
1. from the court... 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 orders otherwise.

2 Defence and counterclaim. the bank are disputing and the defence notes state...." that the particulars of the claim is insufficiently particularised and is embarrassing."
" the particulars of claim in this action disclose no reasonable cause of action against the defendant and make no specific allegation against the defendant as to why the defendant should be liable for the amount claimed.
" the particulars do not comply with rule 16.4 1a of the civil procedure rules as " amongst other things" they do not identify the account in question or indeed show how the sum is arrived at
and finally the banks defence says I show " no reasonable grounds" for bringing the claim and should be "struck out"

Not sure if I'm supposed to respond but the bank has all relevant info regarding account and charges, dates and amount as detailed in original letters to them. Please help. I'n no laywer and feel a little confused as to mynext move. dmw

Edinburghlass_2

This is becoming a standard defence from Lloyds and you don't need to respond to this at this stage. Should the court ask you for further details then you do need to reply but now you need to wait for a date from the court for your case.

completely_puggled_2007

Currently at the stage where Lloyds TSB have now submitted a defence. and received in the post today, a Notice of Transfer of Proceedings informing me that the defence to the claim has been filed, has been transfered to the court covering where I live (Hartlepool). 2nd Page informs me:

Between Me
and Lloyds TSB
Before District Judge Murdoch, sitting at Northampton

Without hearing, it is ordered that: the filing of the allocation questionaire be dispensed with in this case unless the District Judge at the Court of transfer orders otherwise.

Shall I hear about a Court Date in due course then? I'm now getting ready to prepare my court bundle, but advice on this dispensing of the AQ would be appreciated.

Edinburghlass_2

As the above posts this is to speed up the process. You'll next hear from your local court with perhaps directions from them.

jain0_2

Barclays Bank have defended my claim and I now have to fill out an Allocation Questionaire. Part E of the questionaire states;
'Do you want permission to use expert's report at the hearing?
Have you obtained an expert's report?
In addition to using an expert's report do you want your expert to attend the hearing and give evidence?

Does 'expert' in this context mean solicitor or does it mean cases of law?

Can anyone help please.

Edinburghlass_2

You'll find a guide to the AQ in the Reclaim Help Thread which is linked in my signature.

katykatykaty_2

nickmack wrote: »

This has started to happen now, probably because judges are getting annoyed. They are basically trying to speed up the process, because they already know the outcome. Sit tight and wait for the court to come back to you.

I have put in a claim for £3110.02 including interest to Abbey... they have offered me 65% (£2021.51)

I have written back telling them I would settle for the total amount minus the interest... £2427 plus the £120 court fee

In the interim I have had a letter from the court saying that the case has been transferred to my LOCAL cout - however (and this is the strange bit) the line that says "the allocation questionaireshould be returned to the central london county court" has been CROSSED OUT in pen and there is an additional piece of paper with the following ORDER on it:

"THE FILING OF AN ALLOCATION QUESTIONAIRE (SHOULD) BE DISPENSED WITH IN THIS CASE UNLESS THE DISTRICT JUDGE AT THE COURT OF TRANSFER ORDERS OTHERWISE"

In other words, I would normally have filled out an allocation questionaire at this stage but havent been sent one and have this instruction instead.

what should I do??

Negotiate with Abbey or just let things roll on to court??

HELP!!!:mad:

Edinburghlass_2

Abbey will have been sent the same paper work from the court. Its up to you if you wait for the court date at which stage its likely that Abbey will settle before hand or you can write to Abbey and give them a figure you would settle for out of court.