AQ dispensed/proceedings transferred

suz75

Twinkly wrote: »

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

Thanks Twinkly will give them a ring tomorrow and find out where i am with my claim, just nervous really about the thought of going to court, people talking about 'court bundles' and all that!!!! And do you know if you've had money put into account as 'Gesture of Goodwill' whether it's wise to use it or leave it in account????
Thanks suz

iwilldoitthistime

Hi

Im at the same stage as you - I got the letter today saying I had been transferred to my local court, and no AQ was needed.

think I will ring them tomorrow too - Im sure Lloyds are just trying to scare us (and its working!)

Swartie

Just received back 'Notice of Transfer of Proceedings' from my local court, i'm trying to claim back £2100 from Lloyds tsb including 8% interest to date, i received this defence from SCM:

1. The Defendant Lloyds TSB Bank Plc is a Bank whose registered office is 25 Gresham Street, London, EC2V 7HN. It is admitted that the claiment has been a customer of the bank at all material times.

2. By opening an account with the Bank, the customer enters into a commercial arrangementwith the bank for the provision of banking services. The bankis entitled, as part of that arrangement, to charge for those services. At account opening the customeris provided with details of the banks charges, currently in a leaflet a guide to our banking charges. By usingthe account, the customer acknowledges that the charges are incorporated into the contract. For personal customers, a number of services are provided for free, notwithstanding that they are an expense to the bank. Such services presently include, but are not limted to providing; cheques, bank statements, the facility to make payments by direct debit and standing order debit cards, ATMs (cash machines)

3.By maintaining the account in credit, or within any limit agreed with the bank, the customer may avoid most if not all charges. If the customer fails to ensure that there are sufficient cleared funds in the account to cover payments, whether by cheque, debit card, standing order or direct debit, the customer makes a request for payment to be made from the banks own funds. If the bankmakes payment, or returns the payment, it provides a service as specified in the leaflet and makes a charge in accordance with the terms of the contract. On page 1 of the leaflet, the bank explains that there are normally charges for everyday banking at Lloyds TSB when your account is in credit. When you use an agreed overdraft, there is no monthly fee and we only charge interest on the amount you are overdrawn each day. Where you go overdrawn without an agreement or where you use special services, such as copy statements, we will make a charge. This guide explains how these charges work, and when they will apply. If you want to use a service that we haven’t listed, we’ll tell you the cost of that service before you give us the go-ahead.

4.There is no breach of contract; the charge cannot therefore be a penalty, consequently there is no requirement that the charge be a pre-estimate of the banks loss.

5.The customer is given advance warning of charges beings imposed; statements show the charges, if any, the cutomer has incurred during the course of a month, and which will appear as debits on the following months statement. Customers are warned by letter when they go overdrawn or over their agreed limit without arrangement with the bank. If the customer fails to remedy the position, and payments such as standing orders and direct debits are refused, then again the customer is warned by letter.

6.The charges are fair and reasonable, and it is denied that they are unlawful.

7.The customer is notified of the charges in plain intelligible language at the conclusion of the contract, and on each monthly statement. The charges are terms which relate to the price payable by the customer for a service provided by the bank, and pursuant to regulation 6 of the unfair terms in consumer contracts regulations 1999, are not subject to the assessment of fairness…



They then summarise the above saying I can basically swing for it if I think I’ll get any money…


Did anyone else get this response from SCM? Help because I obviously need to do something now, it suggests on the front that

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




Will this be sent to me?


Many Thanks

Swartie

JAnimalR

[/B]
I received a letter from Northampton Court (dated 4th April) stating that my case had been transferred to my local court (Peterborough), and that it had been ordered that an AQ be dispensed with.
Also, on Barclays defence, they state that I did not give details of my claim on the form (no, I didn't becauser there wasn't room, but I supplied them SEVEN times before for them!!!).

My questions are:
- How long do you think it will be before I hear from my local court - I guess they are bogged down with these cases now, so it is taking longer to process each claim ... ?

- Should I write to the court (and copy Barclays solicitor) giving them another copy of the list of my charges and interest etc ... ???

- Should I be doing anything else at this stage, or is it a case of sitting tight and waiting?

Any help HUUUUUGELY welcomed, as I don't want to muck up and jeopardise my £3k!!!
Thanks!

fellini

Mmm very interesting. Seems like this is a new or relatively new departure and one that most people are distinctly unfamiliar and nervous with. Would appreciate some advice if possible from Martin or from someone who has seen this process through to a winning conclusion.

Twinkly

Swartie wrote: »

2. By opening an account with the Bank, the customer enters into a commercial arrangementwith the bank for the provision of banking services. The bankis entitled, as part of that arrangement, to charge for those services.

3.Where you go overdrawn without an agreement or where you use special services, such as copy statements, we will make a charge.

4.There is no breach of contract; the charge cannot therefore be a penalty

Help because I obviously need to do something now, it suggests on the front that

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




Will this be sent to me?


Many Thanks

Swartie

I've taken the liberty of shortening your post to illustrate the point I am raising. If you break down their defence to the sentences shown they clearly contradict themselves. If you go overdrawn without agreement then you clearly breached the contract. Any charge made on such a breach is considered a penalty if higher than their actual cost. I personally dont see how their defence is valid right there.

The AQ has been dispensed with since banks dont turn up at court. It will not be sent to you as its not considered to be neccessary.

Hold your nerve. It looks to me that you dont need to do anything except wait for a court date and/or settlement offer. Try not to worry and good luck

Twinkly

JAnimalR wrote: »

[/B]
I received a letter from Northampton Court (dated 4th April) stating that my case had been transferred to my local court (Peterborough), and that it had been ordered that an AQ be dispensed with.
Also, on Barclays defence, they state that I did not give details of my claim on the form (no, I didn't becauser there wasn't room, but I supplied them SEVEN times before for them!!!).

My questions are:
- How long do you think it will be before I hear from my local court - I guess they are bogged down with these cases now, so it is taking longer to process each claim ... ?

- Should I write to the court (and copy Barclays solicitor) giving them another copy of the list of my charges and interest etc ... ???

- Should I be doing anything else at this stage, or is it a case of sitting tight and waiting?

Any help HUUUUUGELY welcomed, as I don't want to muck up and jeopardise my £3k!!!
Thanks!

If by 'details of the claim on your form' they mean a list of the charges then dont worry its not neccessary to list each individual charge at that point. I assume you filled out the Particulars Of Claim as is shown how on this site and others. I cant help further without knowing what you did fill out on the form and it will help others to help you if you could post it on here

JAnimalR

Twinkly wrote: »

If by 'details of the claim on your form' they mean a list of the charges then dont worry its not neccessary to list each individual charge at that point. I assume you filled out the Particulars Of Claim as is shown how on this site and others. I cant help further without knowing what you did fill out on the form and it will help others to help you if you could post it on here

Hi Twinkly,
Thanks for the reassurance!
I filled out the form on MCOL TO THE LETTER as per the links on this site. There was no need to list the charges on there, so I didn't. As I said, Barclays have been a comprehensive list of the charges with each and every letter I wrote to them, so I guess they're just trying it on and trying to catch me off guard ... ? It seems to be their way of trying to put people off ...
Cheers!

JAnimalR

Twinkly wrote: »

If by 'details of the claim on your form' they mean a list of the charges then dont worry its not neccessary to list each individual charge at that point. I assume you filled out the Particulars Of Claim as is shown how on this site and others. I cant help further without knowing what you did fill out on the form and it will help others to help you if you could post it on here

Hi again,
Sorry, I forgot to attach the form I filed on MCOL. I have pasted the info' below that I submitted:

1.The Claimant has had an account (A/C NO ...) with the Defendant since 04/03.
2.Since 22/10/03 the Defendant debited charges and interest in respect of
purported breaches of contract.
3.Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent.
4.Claimant contends: - the charges exceed the Defendant's losses caused by the breaches; -the term permitting the Defendant to levy such charges is
unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law.
5.Claimant claims: -return of the amounts debited of £2652.00;-interest as per S.69 County Courts Act 1984 of 8%,i.e. £168.92 continuing at 8% until judgement/settlement.
6.Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982.
7.Costs allowed by the Court.

Hope this helps ... !

suz75

iwilldoitthistime wrote: »

Hi

Im at the same stage as you - I got the letter today saying I had been transferred to my local court, and no AQ was needed.

think I will ring them tomorrow too - Im sure Lloyds are just trying to scare us (and its working!)

Hi well just thought i'd update my situation!!! Received letter from my local county court today 18th April stating that:-
The district Judge has considered the statements of case and allocation questionares filed and allocated the claim to the small claims track. The hearing will be on 20th June at 10am and should take no longer than 15mins.
Funny that i didn't receive an allocation questionare???? Must admit panicing a bit now, got to sort all paperwork out but really scared about going to court and what will i need to say there etc etc Any advice from people that have been already would ease my mind.. Thanks.:rolleyes: