AQ dispensed/proceedings transferred

noabb07

I started a claim with Abbey and they filed a defence. They then sent me a a copy of their defence on the 29th June and a letter asking to settle for 65% about £1123.00 which I agreed and sent back the form. In the letter they stated that once I had rec'd the funds I should withdraw from court proceedings. However I have been on holiday and had a letter stating that the claim had been transfered to Salford and that 'without hearing it is ordered that 1. The filing of the allocation questionaire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise.' The letter (date of order is 03/07/07) and I can apply to have it set aside, varied or stayed, and that I must apply within 14 days of this order. Which is today and the courts are now closed. What does that mean? That my case has been thrown out?

My question is what can I do about this? Are Abbey under any obligation to pay me the 65%? I sent back their letter and also faxed a copy? What now?

Any advice would be greatly appreciated.

gmcintyre1975

You'll next get a letter from the Salford Courts probably asking you for the AQ and telling you that your claim will be heard there. Its not been thrown out of court just transferred, same happened to me. However don't stop the claim (by phoning the salford courts once they acknowledge they have it) until you have the money from Abbey. To be honest you could have easily negotiated a larger settlement, my initial offer from Abbey to settle was 75% but I am pushing for about 85% by negotiating with Ronan Coyle.
Good luck!

rach_vicky

OK, well here goes ... .. ...

1st letter was sent on 4th April, and I received a letter from Barclays on 16th April requesting more time to deal with my complaint, then on the 9th May I got a goodwill gesture of £615.00 - My claim is for £939.60 - (greedily you might think) I turned this down by sending the second letter on the 10th May, I received no response so on the 28th May I sent the second letter again, still no response. So on the13th June I sent my claim through MCOL. It was classed as issued on 18th June, and on the 14th day Barclays submitted an acknowledgement and then on the 28th day they submitted a defence. I have today received the defence.

To be honest I am now extremely scared, nervous and feel way out of my depth.

The claim has been sent to my local court – Wakefield

The first page reads:
To all parties
A defence to this claim has been filed.
The claim has been transferred to the court covering the area where the claimant lives or carries on business.
Please read the accompanying documents carefully and note that the allocation questionnaire should be returned to the Wakefield County Court.
All further communication should be address to:
The Court Manager
Wakefield County Court
(Address)
01924 370268

The part about the allocation questionnaire has been crossed out, and there is not one included, does this mean I do not need one? Or should I call the court to seek advice?

Now onto the defence:-

• The particulars of Claim do not provide details or particulars of the account in question and / or the precise charges alleged to have been unlawful, or the date thereof. Furthermore, they give no recognisable cause of action, nor is there sufficient material to enable Barclays to serve more than a bare denial of liability as a Defence. The statement of Case would appear to be an abuse of process and / or will obstruct the just disposal of the proceedings and it does not appear to comply with CPR r16.2.

• The defendant respectfully requests an order that the claim be struck out pursuant to CRP r3.4 as it does not disclose reasonable grounds for bringing a claim and is abuse of the Courts procedure.

• If an order to strike out is not considered to be appropriate, to the extent it is alleged that the Claimant incurred bank charges on the Claimants account for unauthorised borrowings (whether unpaid fees for returned cheques “paid referral fees” or any other such fees), the Defendant puts the Claimant to strict proof of each charge and the date thereof.

• The particulars of Claim are summary in nature. Accordingly, this defence is summary in nature and the Defendant reserves the right to amend this Statement of Case in due course.

• The Defendant is entitled to charge the Claimant for unauthorised borrowings by reason of its standard terms and conditions. The Claimant accepted the same when the account was opened, including (in particular but without limitation the following terms and conditions (which are summarised):
  • The Defendant’s right to charge a “paid referral fee” where the Defendant pay’s an amount (either by compulsion or election) which causes the account to become overdrawn - £30 per item (previously £25)
  • The Defendants right to charge an administrative fee if any cheque, standing order or direct debit cannot be paid because of insufficient funds in the account - £35 per item (previously £30)
  • The Defendants entitlement, if the Claimant becomes overdrawn without an overdraft limit, to charge interest at the unauthorised borrowing rate on the excess balance.

• The defendants standard terms and conditions give the Claimant a fair and transparent view of those terms and the charges applicable for unauthorised borrowings (including where the account is overdrawn without an overdraft limit or where the Claimant Exceeds the authorised overdraft limit)

• If and to the extent it is the Claimants case that the failure to make necessary payments and / or failure to remain within authorised overdraft limits and / or failure to arrange an authorised overdraft constituted a breach of the terms applying to the account and that that contractual entitlement to debit charges from the Claimants account constitutes a liquidated damages clause., the same is denied. The charges constitute payments the Claimant agreed to make by reason of the terms and conditions of the account and were consideration for the Defendant advancing credit to the Claimant, which the Defendant was under no obligation to advance. The Defendant was entitled to impose such charges and interest when the Claimant incurred overdraft.

• Accordingly, it is denied that the legal principles relating to liquidated damages clauses and penalty charges are relevant or applicable to the facts set out above. Further or alternatively it is denied that any such charges are constitute unlawful penalty charges or are in breach of the Unfair Terms in Consumer Contracts Regulations 1999, (or any other provision).

• Therefore, it is denied that the charges were unlawfully debited from the account.

• If and to the extent the Claimant incurred charges on the account this was caused by the Claimant having gone into overdraft without having agreed with the Defendant an authorised overdraft facility or to increase the overdraft facility and / or the failure to make payments to bring the balance of the account back to credit.

• It is averred that the said charges and interest are and remain lawful and enforceable and the Defendant was entitled to debit the same.

• The defendant denies that it is liable to the Claimant for the sums claimed and interest as pleaded at all. In the alternative if (which is denied) the said charges are unenforceable and constituted a breach of contract by the Defendant those charges which were applied to the account prior to 12th June 2001 are not recoverable because they are time barred under the terms of the Limitation Act 1980 in that more than six years have elapsed since the accrual of the cause of action.

• In the alternative, and without prejudice to matters stated above, if (which is denied) the said charges and interest or any part thereof are unlawful or unenforceable as alleged by the Claimant or at all, and the charges were a consequence of the breach of contract by the Claimant, the Defendant has nonetheless suffered loss and damage as a consequence of such breach of contract in allowing the account to go into unauthorised overdraft. Accordingly, in the event that the Defendant is unable to rely on its express entitlement to enforce the charges as set out above, it will seek to recover to the extent necessary such loss and damage as it actually suffered, which will not necessarily be limited to the value of the said charges, and the Defendant seeks to set off such sums against any liability owed hereunder to the Claimant.

I am sorry this is so long winded, but rather than pick bits out I thought it would be best to copy it all down.

I feel like I have done this all wrong, because from reading through this I have no chance in hell of getting any money back from them at all. I am beginning to wish I had just taken the goodwill gesture.

What do I need to do from here?

There has been no court date advice and no information telling me what to do from here?

Am I fighting a losing battle?

Many thanks if you have sat and read through all this. Any advice is greatly appreciated

Rach

Edinburghlass_2

Generally the courts are dispensing with the Allocation Questionnaires in an attempt to speed up the court process. This letter means your case has now transferred to your local court and will be dealt with from now on by them.

If your case is more than £1500 do check your letter to see if you have to pay further court costs now. You'll find the link to this the Reclaim Help Thread.

The defence you are sent at this stage are usually standard to each bank and you don't need to respond to this.

You will next hear from your local court who may or may not ask for further information and give you a court date. You might also hear from your bank's solicitor asking for further information. As a general rule if they ask for another list of your charges with description then send it but you don't need to answer questions asked by the solicitor.

DuWolf

Hi ,
I opened a claim against my bank regarding bank charges ironically , all went to northampton court then barclays put a defence in at the last minute an ive recieved a letter of " Notice of transfer of proceedings "

further into the letter it says that

'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 '

Am i correct in assuming that there is no need for me to contact them regarding an allocation Questionnaire as they have decided to bypass that stage and all i have to do is wait for the court to contact me?
Or have i missed something and there something im supposed to do now @ this stage?

Thnxs in advance

natweststaffmember

Yes on the first question and no you haven;t missed anything at all

Rich_24x

I Have Recieved From The Court A Notice That The Case Has Been Transfered To My Local Court Abut It Is 4 Weeks To The Case But I Still Have Not Recieved An Allocation Questionaire, And Also Have Recieved No Info From The Court About This Court Bundle. Getting A Bit Confused, Can Anyone Help Please

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BabyDiesel

Hi Rich,
Im having the same problem as you as iv not received anything either but i know theres a link on here somewer (just trying to find it is the hard part!)

But wat i was wondering is - did the bank put a defence in? They didn't with mine but it still got transferred to bank? I thought it on;y got transferred if they defended? Obviously wrong but anyway.. good luck!

Rich_24x

HI babydiesel. i wasunder the impression that if they hadnt entered a defnce you could request judgment by default. The has bank has put in a defence to mine then sent me a silly offer/ good luck

BabyDiesel

Quote: But wat i was wondering is - did the bank put a defence in? They didn't with mine but it still got transferred to bank?.... Sorry that shud have said transferred to court!?
The bank didn't reply, defend or anything so i requested judgement by default then thats when it was transferred to court. But i thot that when the default decree judgement thing was issued, then i had won? Anyway.

Would you mind me asking wat bank it is ur up against? Mine is with Snabbey!

Good luck