Dontcrosstheline VS HSBC

[dontcrosstheline]

Have received the letter from mcol telling me it has been moved to my county court. They have crossed out in biro the bottom line of the notice of transfer proceedings which basically says i should read it carefully and complete the allocation questionnaire to dewsbury court.

 

the second letter from Northampton county court says that the filing of an allocation questionaire be dispensed with in this case unless the district judge at the court of transfer orders otherwise.

 

What does this mean, they will send me an AQ or not ?

 

The last two letters are the Defence of HSBC stateing that they deny all of my slaims and that they are resonable and are propperly and fully disclosed. Further the charges are not default and accordingly cannot amount to a penalty. Each and every allegation made by the claimant is denied.

 

Scary words

 

what happens next i get a letter from my county court for a court date ?

[lateralus]

probably yes.

and here's something to read in the meantime - post 1New---after 28 Days - Maybe No Aq!!!!!!!

it explains what is going on and the advice is to start writing nudge letters to dg - every 10-14 days a new letter with a copy of your breakdown to get them to make you an offer.

[pinkduchess]

hiya dctl

 

yes this is the normal transfer of proceedings paperwork.

 

you need to wait & see what the directions the judge at dewsberry decides on . he may or may not require a AQ but you may still need to pay an allocation fee. I received a letter from my local court saying the judge did require the fee before he would give directions. I have paid this but I am still waiting to hear.

 

Note though that other people havent been informed about paying this fee & then found out it does need to be paid so it would be worth giving the court a call to see if it is payable.

 

read latties links again from her previous post & start nudging DG now.

[Celicaman]

Yes and you can ring the court and ask them if you have to pay the fee, as the AQ is not required, they tell you yes it still needs to be paid, you send it and then they send Court cheque back saying that the fee is not required

 

All clear........................ as mud

 

CM

[pinkduchess]

clear as mud!! I like it CM

 

With each court having different procedures at this stage it seems they are not fully up to speed on it, confusing themselves, let alone us.

 

I think as long as he finds out what his court wants & then does what is asked he can do no more (on the court side of things)

 

but keep on nudging!

[dontcrosstheline]

Found out the other day that the judge at my county court always gives AQ's to bank charges and i will receive it in the next 3 or 4 week.

[thereshope!]

Hi DCTL:)

 

Am I right in thinking that your case has been transferred to Dewsbury ?

I actually issued mine in person at Dewsbury but am now considering transferring to Wakefield.

 

I was told that cases that go through Wakefield are all transferred to leeds for a bulk hearing so are dealt with much quicker.

Apparently all the cases listed at Dewsbury go before the DJ for a pre lim hearing.

 

I actually have first hand knowledge of the judge at dewsbury and dont relish being in front of him for my charges reclaim.

I kind of felt that he was sympathetic towards the banks IYKWIM.

Pm me if you want to know anything else.

 

Hope xx

[dontcrosstheline]

i thereishope, yes my case has been transfered to the dewsbury court.So the judge is a bit of a swine then ? i thought it wouldnt get as far as that ?

[dontcrosstheline]

Right , i have finnaly received my AQ and have completed it up to section G which requires further information. I dont fulyl understand what i have to put here.

 

Here is what i have sofar

 

" I believe that this case will last no longer than an hour and is definitely more suited to the small claim track.

 

I also respectfully request a basic disclosure from the bank which will help to bring the case to a speedily clourse"

 

Thats as much as i have, i have read through the other stategys such as the one where i request an order for directions but i will be honest, i dont understand what they mean.Anyone have any advice ?

 

I have included the draft order for directions, do i send that with my AQ ?

[lateralus]

here you go - read it once - then a second time and you'll get it:

 

aq info:

Allocation Questionnaires - A guide to completion

this is your step by step completion guide -and here is:New strategy for Allocation Questionaires

and here is how to use it:

for section g of the n149 (section h on the n150), use the wording in blue on post #3 of new strategy link, and then attach draft order for directions - use wording on post #2 of new strategy link(the bit in blue) making sure to add your name and court claim number to all pages. simple as that. just follow the steps with these two minor additions. the draft order is just asking the judge to order both parties to lay out their wares within 14 days of him ordering it - so it shortens the length of the time to a court date - and as dg/hsbc/all banks don't want to do it - they will pay up by offer or just not file their aq in which case you also win.

[dontcrosstheline]

Today was the final day HSBC had to file there AQ, also coincidently it is the day Dewsbury court have decided to stop all bank charge claims until the outcome of the big court case.

 

Marvelous, what a fine two finger gesture, after all this time.

 

I have read the other threads about this but cant help but feel disheartened. I did ask if i could appeal this but the lady was unsure.

 

well not long to wait now only another 7 more month.

[dontcrosstheline]

I received my ONLY piece of correspondence from DG today, again i got the impression the bank was taking the Micheal so to speak. The date on the letter from DG solicitors says 16th the date for last filing an the AQ on the first page of their AQ says 15th, funnily the date on the last page of their AQ says 16th.

 

 

How does that work ?

 

 

Does this mean i can file for judgment as they appear not to have complied with the AQ file date