AQ dispensed/proceedings transferred

Edinburghlass_2

If the bank/solicitor is asking for more information regarding your charges, send or fax them as per this thread...

http://forums.moneysavingexpert.com/showthread.html?t=391640&page=3

cometherevolution_2

Thanks all I think I will hold tight and wait for a hearing date or the next step.. In the mean time hopefully Barclays will send out an offer (claim is just under £3000) . If anyone gets another letter after the AQ one being dispensed with, please post to let me know what the next step is

I found this thread useful about AQ's not being sent out

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/78873-new-after-28-days.html

meldt26

Hi there, In need of a little help. I've previously gone through the motions of taking Lloyds to court in order to reclaim my bank charges. I filed a claim online on the moneyclaim website. The bank has acknowledged the claim and has entered a defence. I received a letter telling me the claim was being transferred to a local court and that the filing of an allocation questionnaire be dispensed with in this case unless the district judge at the transfer orders otherwise. Don't mean to be stupid but what does this mean?? Starting to get a little concerned about it all!!!:eek:

sunnyflower

I've had a letter from the court saying that Nationwide intends to contest my claim, so what do I do now? Any advice very welcome!!

nickmack

http://forums.moneysavingexpert.com/showthread.html?t=420368

saraharrow

They do this to buy themselves another 28 days. I felt sick when I recieved this through my letterbox.

But its just a delaying tactic.

Complete the imformation, and send it back.

In approx 21 days you will get a letter from the banks offering you half, when this happened to me I emailed the solicitor saying it was a full refund plus costs or we went to court.

They issued me a cheque in 2 days.

Please sit tight, they do this to scare us, they dont actually want to go to court. If you look on the consumer action group website
http://www.consumeractiongroup.co.uk
it will tell you what to do next if you cannot find the information on here.

It costs you very little to go to court to present evidence etc, but it will cost the banks a solicitor etc and its often cheaper for them to settle with you than to go to court, remember they dont want a ruling against them, they cant take the chance as it will then be used in all cases.

Regards


Sarah

lampard08

i have received notification from Northampton that a defence has been filed and my claim is being transferred to my local court.They have crossed out the sentence saying that the allocation questionaire should be returned to the local court. However a copy of the claim with their defence is attached. It seems they are disputing the content of the Particulars of the Claim which was "Default penalty charges from January 2001 to January 2007 based on Unfair Terms in Consumer Contracts Regulations."
Their defence states "The Partculars of claim are insufficiently particularised and is embarrasing."
They basically go on to state that The Particulars of Claim do not comply with Rule 16.4(a) of the Civil Procedure Rules as (amongst othrt things) thet do not identify the account in question and do not show how the amount was arrived at.
Finally they state that "The claimant should be ordered to file an amended claim set out the full Particulars of the Bank Account and charges identifying each charge, the date and amount of the charge and why the claimant in each case alleges it is disproportionate and thus unlawful. The defendant should then be given the opportunity to defend further.

Everything they are asking for above they have with the original letter i sent the bank asking for a refund of my charges. Should I have sent it all again? Do I have to wait for the court's reponse now beforew going any further?

sunnyflower

The latter I got didn't ask for any information, it was confirmation that Nationwide are going to defend it, will they send me somthing else then?
I suppose the banks rely on then fact that the ordinary layman gets very intimidated by flowery language and legal jargon!
I must say I am worried that someone has to be the first 2 "test case" for the banks, and they might choose me!
And if I lose I've got £150 extra on my credit card!
I shall sit tight though and keep you informed!

jinkssick

nice to know guys that we are in the same boat. I too got the defence (and nice of Abbey to send me one personallly too, probably to scare me) letter and I too seem to be waiting for the AQ!

Hopefully it comes soon, so I can get this over and done with. Abbey have taken this soooo far that I will never bank or tell anyone to bank with them.

pitprop_2

EEEEEK! Barclays entered their defence at the last second as per usual. I was quite happily waiting for the allocation questionaire when...... I received a bundle from Northampton court in it was the defence Barclays had lodge and the notice of transfer to my local County Court. However in addition to this a notice that the Judge at Northampton had ruled that "the filing of an allocation questionaire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise".
When I have been reading threads here I had not heard of this so I contacted my local court to ask what happens next. I was told that this is a new gudance for courts and they were not really sure how or what happens next. So do I send the court fuller details of my claim or just sit and wait for a hearing? If the courts are not sure whats happening then what chance do we the joe public stand. Any ideas anyone?