AQ dispensed/proceedings transferred

pagie_2

HSBC has entered a defence and I have had a letter from the court but i have not had a questionnaire like it says in Martins guide, It says an allocation fee may be payable and to contact the court, what is this? and has it happenend to you?

matt_Sth

Morning,

I have received something from HSBC today as well. It is a Notice of Transfer of Proceedings and on the front letter, where it says ' and note that the allocation questionnaire should be returned to the Poole County Court', that has been crossed out by someone and I havent been sent the AQ?? What I have been sent is a Defense and Counterclaim form? Any ideas what this is and why I havent been sent an AQ?? Thanks

tenaj50

I too have just had a defence reply from my bank Abbey also to be heard in the Northampton court. I'm only claiming £800 seems that some people get money back straight away and others have to go all the way. I heard Abbey repaid one of their customers one of the biggest payouts of £17,000! This was quite a lengthly reply and as you say scarey. But if Martin is right we have to stick to our guns !

turning_worm

I am claiming against RBoS. Cobbetts LLP sent me letter, appears to be their standard request for further info. served 'pursuant t o CPR Part 18 etc etc...giving me untill 13 April 2007 to respond...thought I'd wait till hearing from the court with an expected allocation questionaire.

This morning I received the 'Notice of Transfer of Proceedings' with the section 'about reading accompanying documents carefully and sending the allocation questionaire to the new court crossed out!

Separate page from Northampton states that:

Without hearing
IT IS ORDERED THAT:-
1.The filing of an allocation questionaire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise.

Any ideas on why no allocation questionaire? Do I just proceed to put together my 'court bundle' and wait for a letter setting a date?

Oh God, this is all getting very worrying, i cannot see any pattern as to when RBoS pay out without a fight, grumble and payout, haggle and payout or put up a defense...why me?

Debt_Free_Chick

Where a defence is registered, the Court will usually issue an Allocation Questionnaire to both parties. This asks which track you want the claim to be heard in.

Where the judge has dispensed with the Allocation Questionnaire, he is effectively not allowing the defence to choose to have the claim heard in a different track. This possibly means that the claim will go via the "fast track" which limits the opportunity for oral evidence.

It does tend to suggest that the court thinks that it knows what the outcome is likely to be and so it will fast track the claim to save on court time.

turning_worm

Claiming against RBoS. This morning I received the 'Notice of Transfer of Proceedings' ... filing of an allocation questionaire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise.

So, should I now respond to the letter from Cobbetts requesting further info
'pursuant t o CPR Part 18 etc etc... they told me I had untill 13 April 2007 to respond...

Or are they just trying it on? and I should wait till the court hearing?

barclays_suck!!

Hi

I have been in the process of claiming my charges since about February this year. I sent the letters and never got a reply so entered a claim via mcol. In thsi period i recieved a letter from barclays offering me about 50% of what i asked for as a 'goodwill' gesture, i declined this as i had already paid £120 through money claim i at least wanted it settled though mcol so i got this refunded. As many people have experienced the claim was defended hours before the deadline. Today i had the court transfer papers sent to me with barclays defence again as people have already stated on the forum no questionnaire for me to fill in. The thing that has me a little worried about is the barclays defence its bascially in 8 points quoting various legal terms which i am hoping is just another scare tactic. has everone who has got to this stage had the long defence from barclays quoting about CPR r16.2 etc. Reading through it is just seems to basically say that i knew i would be charged if i went over my limit etc which is true but the whole point of these charges is they are unfair as they dont represent the true cost to the bank. Can some1 just put my mind at rest im pretty sure im on course to get my charges back as i said earleir i already had an offer from barclays.

Cheers

chuckles1066

barclays_suck!! wrote: »

Hi

I have been in the process of claiming my charges since about February this year. I sent the letters and never got a reply so entered a claim via mcol. In thsi period i recieved a letter from barclays offering me about 50% of what i asked for as a 'goodwill' gesture, i declined this as i had already paid £120 through money claim i at least wanted it settled though mcol so i got this refunded. As many people have experienced the claim was defended hours before the deadline. Today i had the court transfer papers sent to me with barclays defence again as people have already stated on the forum no questionnaire for me to fill in. The thing that has me a little worried about is the barclays defence its bascially in 8 points quoting various legal terms which i am hoping is just another scare tactic. has everone who has got to this stage had the long defence from barclays quoting about CPR r16.2 etc. Reading through it is just seems to basically say that i knew i would be charged if i went over my limit etc which is true but the whole point of these charges is they are unfair as they dont represent the true cost to the bank. Can some1 just put my mind at rest im pretty sure im on course to get my charges back as i said earleir i already had an offer from barclays.

Cheers

They may make you another offer prior to the Hearing.

Or they may take their chances before a District Judge.

One thing I would point out is that attempting to win your case on the basis that "the charges don't represent the true cost to the bank" will fail. Nothing in business represents the true cost, there's always a profit mark-up which is passed onto the consumer.

davidfollsom

Hello there,
I today received a copy of the bank's defence against my case (a claim of £2320 from Barclays) - and wanted to get some advice on how to proceed and the likely outcome from here.

The statement from the court says:

It is ordered that:

'The filing of an allocation questionnaire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise'

A copy of the bank's defence is attached.

It seems to be claiming I provided a summary, and not details of each charge. I wanted to find out what is best to do from here and in this case, if anyone has had such a defence before?

Any advise would be appreciated.

cooperbob

Apparently its due the vast amounts of claims going thru and the courts are trying to fast track the cases. I received same from court also.
have a look on consumer action groups forum theres more info on there.

hth