AQ dispensed/proceedings transferred

sunshineD

Ive received a Notice of Transfer of Proceedings from Moneyclaim. Can anybody tell me what happens now. Forgive me if its been said before, but i am panicking slightly

Thank you.

suz75

Swartie wrote: »

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

Hi there Swartie just wanted to tell you after reading the above and then my defence from Llyods it's exactly the same. My allocation questionare was dispensed with and i received my small claims hearing date today which is 20th June. Good Luck with your claim, hope thats helped a little. Suz

chariste

Apparently a Northampton CC Judge has stated that because so many banks are paying out before going to court it is a waste of resources to send out and process so many AQ s. I am also at the point of waiting for a date for court I got some good info from MCOL helpline, takes a while to get through though.

cometherevolution_2

Hi all
an update on my situation. I have just received another transfer form so so far it has gone from moneyclaim to northampton to basildon to southend. (no AQ needed) Why is it getting transfered so much? it is dragging on so much. should i now ring southend court to see if there is a hearing date or send a letter to barclays (£3000) to try and speed things up?

kayvan01

Hi everyone

Help on following would be very much appreciated:-

HSBC are defening and I have received Court details yesterday.
In it, the court has already transferred proceedings to a court near me and have stated that an allocation questionnaire is not needed.

What happens next and is there any significance in the allocation questionnaire not being requested?

Strangely, there is no court hearing date on the documents I received.

Thanks in advance :beer:

Tanya_W

I had the exact same defence arrive today (word for word). Its quite scary when you first read it, but its comforting to read theat others have had the same. The allocation quesionaire has been dispensed with. any Ideas how long it will be before I hear anything from the courts (weeks or months).
Tanya xxxx

kayvan01

I phoned both Northampton and Lambeth County Court. The latter had not yet received the paper files in order to set up a hearing date. Apparently, it all depends on how busy that particular court is.

StephenJTHB

I have just got a letter to say my claim has been filed to my local court and I should return the allocation questionnaire. There wasn't 1 so I phoned the court and they said the letter has not yet been updated and that the courts have decided that in our cases no more allocation questionnaire's will be needed.

youcrazyboy

I put in a claim of about 1,400 against HSBC for my current account.

They filed a defense and I received a 'Notice of Transfer of Proceedings' to my local County court.

HSBC sent me a letter saying they are canceling my overdraft facility due to missuses of account and it is something 'they review often' (1250) ,I assume will start charging me on the 1250.

I haven't received an allocation questionnaire, court date or anything, what happens next? Please help I am getting very nervous...

renef

I have this letter also, but am worried as no-one seems to have got past this stage. I am claiming £400+ from Barclays and I know this is a scare tactic, but it's working, any further advice.