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Allocation questionnaire dispensed with by court.


jacknotthelad
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Like many others, I decided to take on Abbey after picking up on the publicity about ridiculour charges. In my case i opened an account with them a year agao and in that time they managed to charge me a total of around £400. I followed a template in the Daily Mail (yes I know!) and after the usual exchange of letters and ea derisory ex gratia payment offer went ahead and filed online. They filed a defence which basically amounted to a denial but really put forward no cogent legal arguments.

 

My understanding is that if a defence is filed then the case is transferred to the defendants place of business - interestingly this has happened and the case has been transferred to my local court. Also - something which puzzles me is that the court of first instance has "dispensed" with the need to file an allocation questionnaire unless ordered by the judge at the local court. I await to see what happens. Does anyone know if it is usual for the allocation questionnaire to be dispensed with or what such an order signifies? :-)

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Hi, starting to see it happening. One theory is that the Judge's are getting p****d off and cutting straight to the chase. If yours does go straight to Directions (which is usually to submit Court bundle) it'll save a lot of poncing around for 3-4 weeks for no benefit. Regards, Mad Nick

Abbey £8370 settled 17 Apr 07

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I have also noticed this. It would appear in some courts that "Pre Trial Reviews" seem to be in fashion. At my local court I believe they are double booking them because so many settle before the actual date. I assume this is to speed the process up and reduce an unnecessary volume of paperwork at AQ stage?

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Yes, they don't need to sift through forms to make a decision about allocation. They are getting so many that there is no need for this questionnaire, they already know how to allocate it, and I suspect they also know there aint gonna be no hearing..

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received my transfer from MCOL to local court today for my claim against Abbey and same thing, seems to be how all MCOL cases are going to be dealt with from now on.

:eek:ABBEY

Data Protection Act request complied with within 40 Days and no £10 charge..

31/01/07 Prelim Letter sent with schedule of charges.

19/02/07 LBA Sent with schedule of charges

08/03/07 MCOL started

09/03/07 £160 GOGW payment into account

23/07/07 Court Date set for 10/10/07

02/08/07 CPR Part 18 Request Submitted

10/08/07 Stay requested by Abbey :mad:

20/08/07 Claim Stayed by District Judge :mad:

:eek:HSBC

02/02/07 S.A.R - (Subject Access Request) Letter sent

22/02/07 Statements received and again no £10 charge...."happy to provide at their cost"

26/02/07 Prelim Letter to be sent with schedule of charges.

12/03/07 LBA sent with schedule of charges

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Hello all and thank you for replies. I had actually got my claim well underway before I came across this site and realised with great glee that I wasn't alone and the banks are being royally (and justifiably stuffed. yes it does rather look as though the dispensation of the usual formalities in the form of an allocation questionnaire is a matter of bureacratic expediency. My experience to date has been in the Family Courts (4 years) and so this is rather new to me. It has been very helkpful reading some of the threads of more seasoned campaigners from which I gathered that it was acytually a good idea to reply to the letter from Abbey asking me how the amount I was claiming was made up as it indicates they are considering sending a cheque. I'm now waiting for the lolly. I suspect however they will stuff my accouint with charges - it was overdrawn by about £40 - and then deduct that from the payment. Interestingly in my case all this coincides with my ordering a new card - the old one got lost - needless to say they haven't sent it or any up to date statements - I wonder why :-D

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