Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I received a Notice of Transfer of Proceedings. The aq has been dispensed.
I have a few questions:
1) Do I have to pay an allocation fee (my claim is over £1500)?
2) According to the defence statement " the defendant puts the claimant to strict proof of each charge and the date thereof". Do I just send the same schedule of chasrges to the solicitors as I initially sent to Barclacard?
3) How do I phrase the letter and do I send it to the court as well as solicitors?
4) Barclaycard have still (4 months later) not sent all my statements despite the S.A.R - (Subject access request), so I have estimated the amounts based on the statements they have provided. Is that ok?
Secondly - being put to strict proof is showing your schedule and the bank statements or schedule of charges that the bank sent to you so that they can be identified. It is just asking for you to prove your figures.
Thirdly - do nothing yet as this is their defence - untill the court state that you are required to provide this information to the other side, you do not have to do anything.
Fourthly - my concern is that as you estimated them, they could be incorrect, hence them being challenged. It is PRIORITY - to now get your statements and at least you can ammend the claim if your figures are wrong.
The link above will direct you to the SAR. You should have enough time between now and the court date and process to sort out figures and make sure they are correct. THIS IS A MUST! AND URGENT NOW!
Thanks a lot for your prompt reply! So, just to clarify, the only thing I should be doing now is to get hold of the other statments, until I hear from the court?
Presumably, I will receive info from the court with regards to when and how I shoud pay allocation fee?
Don't know if this is relevant CJ but I filled in aq, paid the fee to court because we'd been transferred. Found out we were in Mercantile then got a letter from court with return of AQ fee saying judge said he was dispensing with AQ and there was no fee payable in bank charges claims.
Rang the court and they confirmed contents of letter. Still no idea why we got fee back as everything I've seen so far says it is payable, AQ filed or not.
No AQ - What next?
has been dispensed.
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