AQ dispensed/proceedings transferred

~valentine~

Hi I have received the defence details and a Notice of Transfer of Proceedings from Barclays.

Point one of their defence is

'The particulars of claim do not provide details or particulars of the account in question or the precise charges alleged to have been unlawful, or the dates thereof.'

That is because there was no-where to enter these details when entering the claim details into MCOL.

Do I need to contact them with this information? How do I go about proceeding? This has gone on for so long now it's taken twice as long as a successful Nationwide claim.

I haven't received the allocation questionnaire yet, but it says on the court details that that is the next step. It also says the court of transfer is my local court, but it's been transferred to Northampton which is the banks local court.

Is that going to cause a problem?

Thanks so much.

teaqueen

Please help someone.

I have just got back the defence that the LTSB has filed, and a note from the court saying that the defendant has requested a transfer of court, from Nottingham to my local court Wigan. On the note it says that the court allocation questionnaire should be dispensed of (which means I might not have to fill one out) and now I have to wait about a month becuase of the backlog awaiting a date..... Does this mean I have to go to court now, I thought i would have to fill out a allocation questionnaire, wait for a date and then the LTSB would pay up before actually going to court. Has anyone else been in this position. Mant Thanks

MimiJane

teaqueen wrote: »

Please help someone.

I have just got back the defence that the LTSB has filed, and a note from the court saying that the defendant has requested a transfer of court, from Nottingham to my local court Wigan. On the note it says that the court allocation questionnaire should be dispensed of (which means I might not have to fill one out) and now I have to wait about a month becuase of the backlog awaiting a date..... Does this mean I have to go to court now, I thought i would have to fill out a allocation questionnaire, wait for a date and then the LTSB would pay up before actually going to court. Has anyone else been in this position. Mant Thanks

Hi there, I wouldn't worry, this is probably a good thing. A lot of courts are now dispensing with the Allocation Questionnaire reading through these threads, as they're so busy and they're well aware that the courts are very likely to pay out, so it's unnecessary admin. for them. It'll mean that you won't have to pay any money (as many do when they return the questionnaire, £100 I think) and it may quicken up the process for you.

There's a thread somewhere where many people are now waiting to hear from the court as to what happens next. You will probably get a hearing date, but it's unlikely you'll actually go to court, the bank are likely to offer to refund you some/all of your money before then. Don't worry, it means you haven't got to fill in the questionnaire with legal jargon or pay out any money. I'd just wait and see what happens next.

supermummy_2

Hi I am in the same situation with Barclays at the mo I have just rec'd an allocation questionaire from the courts today I think its another delaying tatic for Barclays to hold onto my money for a bit longer but I am gonna see it through until the end and am send the aq back in the post today.My advise to you is to call the court and ask what you should do next I have been on the phone to my court lots since I first filed the claim and they were /are really helpful good luck!!

zoep wrote: »

Barclays bank have filed a defence against me. In it they say that the charges are reasonable, but also that my claim does not provide details of the account in question or the precise date or amounts of the unlawful charges. Is it too late for me to provide this info to the Court now? Or have I mucked the claim up?!

Also, the Court has dispensed with the allocation questionnaire! So how do i go about asking for standard disclosure from the bank?

I'm getting scared now - please help!

many thanks.

Lizzieh71

This happened to my friend and she sent it back. This is the court allocation questionarie. She returned it and they said they would defend. But hey they made her the offer of £680 the full amount.
No court has every gone to court they say they will defend to stall time.

Good Luck

mioliere

Hi - thanks for the info. I have had the same letter re: AQ will be dispensed with. Does this mean we won't have to compile a bundle of documents even if LloydsTSB's solicitor has asked for further information re charges?

charle1980

Hi everyone

I have been claiming backbank charges and got to court stage. I had a letter saying it would go in front of district judge but received no allocation questionniare

phoned the court and they said that small claims hearing is set for 30th July. I asked where myallocation questionnaire is and was told I don't need to do one. Can anyone please explain what is happening? I am scared about going to court (well I say I but I am claiming for my husband ad he is worried now)

Have I done something wrong?

Please help
Charlotte

Edinburghlass_2

pete-in-london wrote: »

Courts are now dispensing with the allocation questionaire to save time as they know the banks are all settling the claims and wasting their time. I had this happen to me too.

So you don't need to do anything further for now.

As you can see from the above post this is becoming quite normal now and won't necessarily mean your husband will end up going to court.

~valentine~

Sorry to ask again, but I'd appreciate some advice if anyone has any.

Edinburghlass_2

Have a read of the above posts, other people are having the same response.