AQ dispensed/proceedings transferred

Edinburghlass_2

Rich_24x wrote: »

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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Check the letter you have received as the AQ bit may have been scored out as they have dispensed with it, also do check if you have to pay further court costs of £100 if your claim is more than £1500. There should be a date this has to be paid by.

You'll find a link in Martin's article regarding the Court Bundle on CAG and a link to the Checklist for Court Bundle is in the Reclaim Help Thread which is linked in my signature.

kevink_3

Hi
I have been reading all the threads and assuming my friend just waits for her court date ? she also had the allocation questionnaire wording crossed out, should she start getting her court bundle together the letter was dated 17th July,

Also reading all these threads i understand what an AQ is and what CAG stands for but Edinburghlass has been mentioning a POC a few times and i may be thick but what does it stand for please

CynthiaCarroll

I got as far as applying to the court re; my claim against HSBC for unlawfull overdraft charges. I then received an offer from HSBC to which I responded asking for just over £500 less than my claim. Since then, I have received a Notice of Transfer of Proceedings to my area from the Northampton County Court. Does this mean that it will definitely go to court and do I have to do anything or just wait to hear from the court. Also, is this a way of HSBC delaying things. Please, somebody help as I have no idea what I should do.
Very many thanks,CC

lindilou39

you will hear from your local court forthwith, unless the form you got stated that you should do something...then do nothing and wait...

clues13

The problem is that on the info it says about completing a Questionnaire but this has been crossed out on the transfer form and it says as noted below

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 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

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

Date order drawn 01 August 2007 :rolleyes:


Could someone help please as I do not really understand what to do next?
Thank you in advance for any help :money:

Edinburghlass_2

If your claim is more than £1500 then you need to pay further court costs of £100 and then wait to hear from your local court.

joebro2333

Hope someone can help, have looked all over to see what to do when banks solicitor ask the court to have judgment "set aside"
issued claim on ; 20/06/07
issued judgment on; 10/07/07
issued warrant on; 19/07/07
Claiming £3400
Have just been sent a copy of Witness statement, Application Notice and Defense! (and i thought my case was nearly over)

Letter reads
Application to set aside
court may set aside a judgment entered under part12 if the defendant has prospect of successfully defending the claim or it appears to the court that there is some other good reason why the judgment should be set aside and the defendant be allowed to defend itself


i respectfully submit that the bank believes that it has a real prospect of successfully defending the claim and refer to the draft defence.....
i also respectfully submit that, due to an administrative error on the banks part, the claim should have been forwarded to the banks litigation department to deal with. i respectfully submit that the bank has made this application promptly upon being alerted to the judgment (18 JULY Received)

And has asked to stay the execution of the judgment,, dated 1st August
Also says the particulars of the claim set out no facts indicating what the claim is about, are incoherent and do not disclose any legally recognisable claim against the defendant

Sorry to go on,,,,but bank invites me to remedy the above within 14 days(from 1st aug) or will apply to the court an order to strike...
in the mean time, spoke to bailiff 1st Aug, they told me they will be going to attend the premises in 2 weeks

(1) do i wait see if bailiff comes up with the goods ?
(2)do i have to reply to any of this letter . . if don't what happens?
(3) do many cases get put aside?

very sorry if gone on a bit, wanted to get as much info out
THANK YOU

Edinburghlass_2

I'd say leave it with the bailiffs to sort out, it sounds like the bank missed the boat with their defence and have applied to the court rather too late.

As the request has come from the bank/solicitor you don't need to respond to this, you only need to respond if it comes from the court.

CynthiaCarroll

Further to my previous message. I have today received a letter from the court about the test case to be heard between 14/01/08 and 28/02/08 and stating that my claim has been stayed until further order. They say that either party can apply to lift the stay. They also state that parties should notify the court by 7th March 2008 stating whether claim has been withdrawn, settled or a hearing is required for directions for trial. Please can you advise what I should do. Very many thanks, CC

joebro2333

Thought would let you know that the court rejected the banks application to have my case set aside. . . on the grounds the bank had plenty of time to respond

hopefully money will be in bank v soon:money: