Just instructed MCOL...

[jessika1]

thanks lets hope i win soon

[jessika1]

ok, so looked on MCOL today and it states that a defence has been filed, guess i sit and wait for the AQ next, is that right?

[jessika1]

been having a bit of a read, i have seen threads about draft directions that need to be included with the AQ, can anyone explain in simple terms what this means and what do i need to include?

thanks

[jessika1]

bump

[jshtr3]

Hi. I think draft directions are something you can ask the court to do (e.g. tell the court actual cost of charges) before you go to court. think this link may help. Good luck

 

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html#post482191

[dolly]

My court orders are that the AQ should be dispensed with, so I have none to complete!

[jessika1]

thanks very much guys, hopefully i wont have to complete it at all then!

[jessika1]

Hi guys, hope all is well, received a letter from the court today including LLoyds defence (standard 9 point as far as i can see) they have also attached a letter saying

 

Notice of Defence that Amount Claimed has been paid

 

The defendant says that the amount you are claiming has been paid (see attached form N9B)

 

Please tell the court what you widh to do by completing the lower jhalf of this form and returning it to the court on or before 6 May. You must send a copy of the completed form to the defendant as well as the court.

 

What is basically says is i had a payment of £750 as a goodwill gesture, i wrote to lloyds saying i would accept the payment as part payment (see prevoius posts) but not in full and final settlement.

 

I can fill in the form saying i wish to proceed with the claim but it does not give me the chance to mention the £750

 

Is this just lloyds trying it on?

[jessika1]

spoke to MCOL who said i should send a copy of the bottom part of letter filled in to them and to [problem], so will send that today and hopefully receive the AQ soon, has anyone else had this?

[jessika1]

hello...just wanted to check, do you think i will get an AQ or has something gone wrong somewhere...

[BARTY]

Hi

You may or may not get one, lately a lot of Courts seem to be dispensing with the AQ, so it's just a matter of waiting, or give your local Court a ring and ask them.

Barty:)

[jessika1]

thanks Barty, i havent actually been told yet which court it has been transferred to, should i know this by now or am i getting ahead of myself?

[BARTY]

Hi

You should get a letter about the case being transferred, it's maybe too early yet for the letter, I can't remember when I received mine sorry.

Barty:)

[jessika1]

thanks, i will keep my eyes open for the postie!!

[jessika1]

quick update, my case was transferred to Hitchin Court on 20th April but they have not yet received my file so cannot tell me if i need to complete an AQ...the court is no where near my home address so i have asked for it to be moved (hopefully this wont matter as fingers crossed i wont actually have to go!) will just wait and see what happens with the post, seems to be taking so long though....patience i know

[GuidoT]

If you do not hear in about 2 weeks, phone Hitchin court staff - they are usually helpful.

 

If you end up with an AQ it has a part to request a transfer to your local court that you can complete. Be aware though this is likely to delay matters for a few months.

 

Regarding actually attending Hitchin court, whilst it is unlikely you will get to the main hearing, if there are directions or allocation hearings then you may be required to attend.

[jessika1]

thanks for the reply, i think i will stick with Hitchin then if it will delay matters...i can travel there if i have to

 

will sit on my hands and try not to call anyone to hurry them up (i am a bugger for that!)

[jessika1]

Got in the post yesterday a 'notice of transfer of proceedings' it says:

 

'A defence to this claim has been filed.

The claim has been transferred to the court covering the area where the claimant lives.

Please read the accompanying documents carefully.'

 

Then the following line has been crossed out

 

'note that the allocation questionnaire should be returned to the court'

 

So i guess no AQ needed??

 

Then it says

 

'Without hearing it is ordered that the filing of an AQ be dispensed with in this case unless the DJ at the court of transfer orders otherwise.

 

Then there is a copy of the defence and my documents...

 

So what is next?? It doesnt really tell me what to do??

[dolly]

I am the same - you wait to hear from your local court but don't hold your breath! Ours has a huge backlog - the transfer notice was dated 30th March and we still haven't heard anything.

[carter56]

just adding to my watch list as i am just about to file on mcol against barclays thanksl inda

[jessika1]

progres update for you all...

 

Received in post yesterday a 'Notice of allocation or listing hearing'

 

It reads:

District Judge Willers has considered the statements of case and allocation questionnaires submitted in the claim and has decided that a hearing is necessary before a final decision about allocation can be made.

 

District Judge Willers orders you to attend at 13.00 on the 15 June 2007 at Hitchin County Court.

The reason for the hearing is as follows:

1 The issues raised make this case unsuitable for Small claim Track. The court is proposing to allocate to fast track

 

Important Notice:

The hearing of this case will take place by way of a telephone conference. the defendantslegal rep is ordered to arrange the telephone conference.

 

Please note that the DJ has stated that you must pay the allocation fee of £100. Be advised that AQ's have been dispensed with but the case must still be allocated.

 

I think i understand most of it and i have spoken to the court. I am a little unsure of the difference between small and fast track and why mine is different, the court told me it is not to do with the amount of the claim so not sure really.

 

The court advised me to call **** to see if they are thinking of setteling as i would then not have to pay the £100.

 

I havent seen this before, anyone else?

[BARTY]

Hi

Have a read of these:

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

 

http://www.consumeractiongroup.co.uk/forum/general/80091-your-court-dispensing-allocation.html?highlight=dispensed+AQ

 

You could try ringing SC&M but personally I don't think you will get anywhere.

Barty:)

[jessika1]

**** have turned their night service on anyway so no chance of getting through! Thanks for the links, one thing i am unsure of though, what is the difference between small and fast track?

[GuidoT]

Generally if your claim £5K goes to fast track.

 

Procedurally not must difference, save standard disclosure, fast has it.

 

However, the significant difference is the exposure to legal costs. The party that looses will bear the others sides legal costs.

[jessika1]

oh lordy, i cannot afford to pay their legal costs...my claim is for 3k so i am not sure why this has happened...what do you think the chances of **** settling before the hearing?