AQ dispensed/proceedings transferred

Catster2007

Quick question to Edinburghlass?
I am in this boat with everyone else.

Been pursuing about £2100 plus interest from Natwest since last Nov!!!
Had response from their solicitors about 14 days ago and need to post response to them tomorrow.

I have basically just reiterated that the charges are unreasonable and not reflective of true cost etc and provided a full list of charges.

Do I need to send the Court a copy of this response?
I have also had case moved to my local court and I understand I now need to pay a further £100 to file AQ which I received about two days ago.

Thansk for your help.

g0mgx

Hi

Brief summary:

Barclays bank - after letters MCOL - defence submitted by Barclays 2mins to midnight at their very last oppertunity (already requested default judgement - but they got there just in time).

Now transferred locally but no allocation questionnaire supplied by the court.

11 point defence - looks standard stuff.

Anyone else in this position?

Thanks.

Twinkly

g0mgx wrote: »

Hi

Brief summary:

Barclays bank - after letters MCOL - defence submitted by Barclays 2mins to midnight at their very last oppertunity (already requested default judgement - but they got there just in time).

Now transferred locally but no allocation questionnaire supplied by the court.

11 point defence - looks standard stuff.

Anyone else in this position?

Thanks.

I've seen quite a few posts on the forum in the last weeks now where the AQ has been dispensed with if this is worrying you. Apparently it is now being done as the judges are fed up with the banks not turning up at court and the AQ is seen as an uneccessary step as a consequence. Good luck

suz75

:eek:
Claiming charges from Llyods Tsb went througheach stage and MCOL and unfortunately Llyods put in an Acknowledgement and then a defence (after putting £750 into my account as a Goodwill Gesture!!)
My query is has any one else got to this stage with Llyods and was this stated on their letter from courts:- 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 NEXT PART CROSSED OUT and note that the allocation questionare should be returned to Plymouth County Court.
I've heard nothing since, the defence was dated 31st March, what is my next step??? Is anyone at the same stage as me????
Any advice would be a help, getting fed up with this now Llyods really enjoying dragging their heals and make it as difficult as possible!!!!!:mad:

Twinkly

suz75 wrote: »

:eek:
Claiming charges from Llyods Tsb went througheach stage and MCOL and unfortunately Llyods put in an Acknowledgement and then a defence (after putting £750 into my account as a Goodwill Gesture!!)
My query is has any one else got to this stage with Llyods and was this stated on their letter from courts:- 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 NEXT PART CROSSED OUT and note that the allocation questionare should be returned to Plymouth County Court.
I've heard nothing since, the defence was dated 31st March, what is my next step??? Is anyone at the same stage as me????
Any advice would be a help, getting fed up with this now Llyods really enjoying dragging their heals and make it as difficult as possible!!!!!:mad:

Some judges are dispensing with the AQ as banks arent turning up at court and it is an unneccessary part of the procedure given that apparently. Give the court a ring and find out what's happening for your own peace of mind though and good luck

Catster2007

Can anyone help with my query above?

Thanks

samjocky

Hi

On the very last day of their 28 days HSBC filed a defence at the MCOL stage. I have received today a Notice of Transfer of Proceedings from Jdge at Northampton Court to my local court. He ordered that an AQ be dispensed with (yee hah!!) unless the local judge orders otherwise. Forgive me but I want to quote HSBC's defence as sent to me:

1. claimants acc us governed by HSBC personal banking terms and conds.
2. Pursuant to HSBC terns and conds HSBC is entitled to make a charge for its services as set out in HSBC price list, incl an overdraft review fee for considering whether to provide overdraft.
3. HSBC denies charges applied to claimants acc amount to penalties at common law and/or unfair contract terms for the purposes of the Unfair Terms in Consumer Contracts Regulations 1999 (UCCRs)
4. Charges applied to claimants acc are reasonable and are properly and fully disclosed in HSBC terms and conds and published price list. The charges represent the contractually agreed price for the services provided and the UTCCRs are not applicable to them, alternatively they are not unfair contrary to the UTCCRs. Further the charges are not default charges and accordingly cannot amount to a penalty.
5. Save as set out above each and every allegation made by claimant is denied. For reasons above it is denied that claimant is entitled to the relief claimed or any relief.


Has anyone else had this or AM I THE ONLY ONE UP THE CREEK WITHOUT A PADDLE AND SINKING FAST??????

HELP - V WORRIED! All I want is £2300 !!!:eek:

Twinkly

samjocky wrote: »

Hi

On the very last day of their 28 days HSBC filed a defence at the MCOL stage. I have received today a Notice of Transfer of Proceedings from Jdge at Northampton Court to my local court. He ordered that an AQ be dispensed with (yee hah!!) unless the local judge orders otherwise. Forgive me but I want to quote HSBC's defence as sent to me:

1. claimants acc us governed by HSBC personal banking terms and conds.
2. Pursuant to HSBC terns and conds HSBC is entitled to make a charge for its services as set out in HSBC price list, incl an overdraft review fee for considering whether to provide overdraft.
3. HSBC denies charges applied to claimants acc amount to penalties at common law and/or unfair contract terms for the purposes of the Unfair Terms in Consumer Contracts Regulations 1999 (UCCRs)
4. Charges applied to claimants acc are reasonable and are properly and fully disclosed in HSBC terms and conds and published price list. The charges represent the contractually agreed price for the services provided and the UTCCRs are not applicable to them, alternatively they are not unfair contrary to the UTCCRs. Further the charges are not default charges and accordingly cannot amount to a penalty.
5. Save as set out above each and every allegation made by claimant is denied. For reasons above it is denied that claimant is entitled to the relief claimed or any relief.


Has anyone else had this or AM I THE ONLY ONE UP THE CREEK WITHOUT A PADDLE AND SINKING FAST??????

HELP - V WORRIED! All I want is £2300 !!!:eek:

Looks a standard defence and nothing to worry about. The staff must get sick of the sight of the same old letters time and again

A couple of stats from the first 98 pages of the success thread for your viewing pleasure:

HSBC - 115 cases of which:

72 cases settled for less than the amount claimed but for not much less than claimed, presumably without interest
32 cases were settled in full without the need for court and some after the first letter only
7 were settled for more than the claimed amount, no mention of court in these cases and I assume interest was given before court

Of 4 court cases noted:

2 were settled in full by, the bank did not defend and default judgement was awarded after 14 days
1 settled in full after court claim filed
1 settled for less after court claim filed and it was accepted by the claimant

Dont worry and good luck

samjocky

Thanks for the stats - very interesting to read how HSBC differs in its responses. Let's hope I am not the ONLY stat where I lose !!! Will just have to sit back and wait for a court date then.. Do I have to send in a court bundle in advance do you know??

lostlollyinnotts

Dont worry about it, those stats make great reading :beer:

I've had no response whatsoever from HSBC in terms of a delivered letter. I sent off a request for statements and got nothing back ( 40 have now passed ) but luckily I read I could get them online so followed the next steps.

They haven't written to me once, apart from a standard reply from some lady called Heidi when I sent emails through the HSBC website to customer services. Strangely, my case number changed on the three different emails that I received in return.. I wondered what I could get away with writing ,and checking to see that I would get a standard reply from Heidi anyways, but decided against it :rotfl: :cool:

I'm just waiting until I get paid on the 24th then I'm filing with MCOL.... roll on, and hopefully HSBC will roll over.

:j