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Is your court dispensing with the Allocation Questionnaire?
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:
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: http://www.consumeractiongroup.co.uk...tml#post482148 (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).
Apologies to people who I was in the process of helping, I may be gone some time.
Re: Is your court dispensing with the Allocation Questionnaire?
If it speeds up the abuse of the courts time that I have read barclaycard like to do with cases going on 5 months or so, then yes cos my O/H has filed against them recently.
Milly XX
CAPITAL ONE (O/H!): Won £1864.63 including contractual
Re: Is your court dispensing with the Allocation Questionnaire?
Hi BookieCould you please forward the court bundle to me as I am unable to access it on site (it seems to be defaulting to WOrd but is encoded)kjreils@aol.com (my court date is set for 20 June)ThanksKevin
Woolwich Prelim Sent 5.12.2006 !!!
S.A.R - (Subject Access Request) sent 22.12.2006 (yeah I know)
16.1.2007 £1000 offer rejected
LBA sent 31.1.2007
N1 presented to Court 15.2.2007
Won / Settled 2 days before court date
£5200 plus int charges returned.
All and Leics S.A.R - (Subject Access Request) sent 22.12.2006
2nd S.A.R - (Subject Access Request) sent 15.1.2007
Statements received
Prelim sent 31.1.2007
LBA Sent 15.2.2007
Won £1500 on receiving court date..
Re: Is your court dispensing with the Allocation Questionnaire?
Just to say this morning I got a letter from worcester county court saying "the file has been referred to the District Judge for directions". That's all it said. I called the court and they confirmed I won't be getting an AQ.
Re: Is your court dispensing with the Allocation Questionnaire?
Mine has been dispensed with too. I am going to send the court the Draft order for directions, do I need to send a copy to the bank solicitors aswell??
Re: Is your court dispensing with the Allocation Questionnaire?
According to MCOL all courts are dispensing with aq's due to overloading of the court system by people reclaiming bank charges!!
Lets hope that the judges listen to our respectful requests-the draft order for direction is an EXCELLENT piece of work and seems very useful in forcing the banks hand!
Cheers!
Woolwich Prelim Sent 5.12.2006 !!!
S.A.R - (Subject Access Request) sent 22.12.2006 (yeah I know)
16.1.2007 £1000 offer rejected
LBA sent 31.1.2007
N1 presented to Court 15.2.2007
Won / Settled 2 days before court date
£5200 plus int charges returned.
All and Leics S.A.R - (Subject Access Request) sent 22.12.2006
2nd S.A.R - (Subject Access Request) sent 15.1.2007
Statements received
Prelim sent 31.1.2007
LBA Sent 15.2.2007
Won £1500 on receiving court date..
Re: Is your court dispensing with the Allocation Questionnaire?
Hi , Accrington county court has also dispensed of the AQ and sent me a notice of Hearing for Directions on 17th August. They have not asked for any paperwork to be sent. What is a hearing for directions and how can i prepare for it.?
Thanks any advice very welcome.
Ruth
Re: Is your court dispensing with the Allocation Questionnaire?
Wolverhampton Court Apprently havent dispensed with aq.
If I have been of any use to you in my response please click my scales.
MBNA WON 16/3/07 £1700
Barlcays N1 fileld in and awaiting funds to take them to court.
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Currently in Litagation with Barclays 11/5/7 ( Awaiting Court Date )
Re: Is your court dispensing with the Allocation Questionnaire?
I have just spoken to my local court (Leigh, Lancashire) and they don't seem to be dispensing with them either.
Steven
Steven
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