Is your court dispensing with the Allocation Questionnaire?

[hedgey06]

Salford County Court have not dispensed with the AQ. Received mine today.

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

[Kurt_Hamster]

Stockport County Court are still handing them out.

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

[mazza71]

Hi,

My claim has gone to Liverpool County Court and allocated without an AQ to the Small Claims Track.

Today I received notification of the hearing date and directions from the judge. I have also been informed the hearing is only expected to last 10 minutes.

Should I take this as a positive indication that it's such a short session? I assume the judge thinks the bank will settle before this date. Problem I have is the bank has offered a settlement offer of just over £3k on a claim worth £4.1k (plus costs). Would I be wise to accept this or continue with court action? Would it be frowned upon by the court if I have declined or tried to "part accept" this amount but then continued with the claim?

I have included the Judge's directions below. I don't even know if I am to send the requested information to the bank's solicitors. If I do continue I am concerned I haven't got together my court bundle yet.

District Judge J****** has considered the statements of case and allocation questionnaires filed and allocated the claim to the small claims track.

1. The Claimant do within 21 days of the date of this Order, serve a schedule setting out the amount of the individual charges, the dates they were applied to the account and the reasons given for such charges.
The POC needed amending with a breakdown of charges and an actual claim amount, do I now need NOT worry about amending the POC or should I do this as well as conform with the Judge's directions? Do I send a copy to the bank and their solicitor? I'm concerned about the POC as I didn't stick faithfully to the template in the forums and it states I am claiming "illegal bank penalty charges" - could this wording be enough to get the bank's solicitors to have the case struck off???

2. The hearing of the claim will take place at 14:00 on the 7 August 2007 at Liverpool County Court [court address] and should take no longer than 10 minutes.
Any feelings/ideas on this? No longer than 10 mins??? Does this sound like a good aspect to the case (i.e. surely the bank can not adequately defend itself in this short a time?)? OR could this be an indication the courts are getting fed up with claims like this and end up throwing it out in favour of the bank? Such a short anticipated hearing time both elates and worries me.

In order to utilise judicial time more effectively this matter has been listed with a number of similar cases.
Er, hello! Is this good or bad? Could it be a sign the Judge is likely to judge in favour of the claimants or the banks? They seem to be rushing them through now which does give me some cause for concern.

ANY THOUGHTS?!???!!

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

[itsamomentintime]

Originally Posted by hedgey06

Salford County Court have not dispensed with the AQ. Received mine today.

well they didnt send me one

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

[hedgey06]

Originally Posted by itsamomentintime

well they didnt send me one

Hmph! I must have 'one of them' faces! Which bank are you claiming from?

[mazza71]

hedgey06....lmao!

As usual the banks make their own rules.....I'm claiming from The Rob You Blind While We Befriend You Plc....oops! I mean Royal Bank of Scotland.

Good luck!

[hedgey06]

PMSL............ Looks like it's a lucky dip doesn't it!!!! I'm claiming from nutty west!

Good luck mazza! xxx

[thebloodster]

Hi

Salford have sent my Notice of Transfer which has a section on it regarding a AQ crossed out. I assume this now means that the AQ isn't required and I should sent the letters out

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

[thebloodster]

Originally Posted by Bookworm

PLEASE BE AWARE THAT EVEN IF THE AQ IS DISPENSED WITH, THE AQ FEE OF £100 (IF CLAIM OVER £1500) IS STILL PAYABLE (AND RECLAIMABLE FROM THE BANK).

The fee is payable within 14 days after the despatch of the notice of allocation to track (County Courts Fees Order 1999 Schedule 1).

Is this still the case regarding the £100?! I Received a Notice of Allocation which also had the AQ crossed out but it never mentioned sending a £100 fee

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

[Bookworm]

Yes.

However, some courts haven't asked for it, so you'd better call your court and ask. If you don't, and the fee was payable, your claim could get struck off. Don't take the chance, phone them and find out.

[thebloodster]

But one of the claims I am chasing had a notice of Transfer of proceedings dated April 13th. I have already submitted the court bundles last Friday!!

[Simon7685]

Hi Bookworm

My case has been t/ferred and AQ dispensed with. It went to the DJ in May, nothing heard since, so rang CC they basically said do not worry about sending anything until asked for by DJ and just wait to hear from him in any case. Do you think I should do this, or move forward by following this thread? I really want to get things moving if I can but don't want to upset the DJ or the court, please can you help?

Also I already had statements for the last 4 years which was when I got first charges levied (not bad considering had the account for about 12 years). So I did not send a Subject Access Request, which I assume will not be to my detriment? You said to include the bank notification letters from different occasions when they levied a charge, I have not kept any, does this matter?

Sorry for so many questions and hope you don't mind answering them if you can.
Thanks very much
Simon

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

[hedgey06]

Originally Posted by thebloodster

Salford have sent my Notice of Transfer which has a section on it regarding a AQ crossed out. I assume this now means that the AQ isn't required and I should sent the letters out

Crikey........... am I the only claimant in Salford being sent an AQ? Someone up there doesn't like me methinks!!!

[steven4064]

If you didn't have an AQ you wouldn't be able to fill in section G

Steven

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.
Almost everything I know concerning the law I learned from this site

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

[hedgey06]

Trust you to go making sense Steven!!!!

[Bcklndcb]

just had actual court date from Chichester too..

[DP38]

Hi - it seems Bedford (reallocated from Northampton) have also dispensed with the AQ as I had a letter a few weeks ago. No mention of fee so will call court today to check.

However I have had a "Notice of Allocation or Listed Hearing" saying:

District Judge etc has considered the statements of case submitted in this claim and has decided that a hearing is necessary before a final decision about allocation can be made.
Reasons for hearing are as follows:
The Court needs to identify whether this particular case is suitable for hearing as a Fast Track.
District Judge etc orders you to attend at etc with directions.

There is an HMCS letter attached saying:

Dear Sir/Madam,
The Court has identified a number of cases which all raise the same issue and defence. In an effort to manage them appropriately the Court has listed the cases for consideration of allocation to track or in some cases reallocation. The Court has endeavoured to list cases involving the same lending institution at the same time in the hope that only one representative need attend.
Yours faithfully etc from the Listing Officer

Any thoughts, tips, and what am I supposed to take along aside from my notes, claim and copy of all correspondence of course?

Thanks in advance for any help - am in on 2nd July!!

x Debs

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

[dommcg]

Hi all

I would really appreciate some guidance.

On 15th June i received a Notice of Transfer Of Proceedings from Northampton to Derby. Attched to this was the original defence entered by NatWest and Cobbits, also there was attached a document saying:

Without hearing

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.

Note: Any party affected by this order may rule under rule 3.3(5) apply to have it set aside, varied or stayed. Such a party must apply under rule 23.3 within 14 days of service of this order.


There were no other documents attached.

Have i been given an allocation questionnaire?

Is this good or bad?

Can the banks move to get it struck out?

Do i have to do anything?

Any help would be very much appreciated.

Many thanks

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

[Bcklndcb]

for some reason, everytime someone adds to this thread, i am getting an email saying that someone has replyed to my thread!!!

How strange!

Coz its not my thread - ha ha ha ha

[Kurt_Hamster]

Originally Posted by Bcklndcb

for some reason, everytime someone adds to this thread, i am getting an email saying that someone has replyed to my thread!!!

How strange!

Coz its not my thread - ha ha ha ha

You get the email if you are subscribed to a thread (it will have a tick in the threads window). The default setting of the board is to subscribe you to any thread you have replied to.