The courts are getting clogged up with charges reclaim cases, and they have become aware that the banks have no intention of actually appearing in court, and will settle prior to hearing.
We have become aware in the last few weeks that some courts are now routinely dispensing with the Allocation Questionaire. If that is the case, you will get an order looking more or less like this:
Quote:
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...
etc...
|
All well and good, and anything that helps the court system to flow smoothly is to be applauded. However, if you receive one of those orders, you should still use this:
Draft Order for Allocation Questionnaires (Bankfodder's post)
and send it to the judge as a respectful suggestion. If he agrees, great, if he doesn't, nothing lost.
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).
__________________
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APRIL 2ND IS WORLD AUTISM AWARENESS DAY
Advice & opinions given by Bookworm are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
Is your court dispensing with the Allocation Questionnaire? 
Re: Is your court dispensing with the Allocation Questionnaire? 
