Transfer of proceedings 2 weeks ago - but no AQ yet?

[cathbluenose]

Hi wondering if asnyone else had a similar isssue/ and or advice.

Business claim- Hsbc, they filed a defence and sent me a notice of transfer of proceedings- that was exactly 2 weeks ago today - I have not had an allocation questionnaire in the post yet- am I meant to do this myself? not sure?? Any advice?

[gizmo111]

Have you received a copyu of he defence from the court?

[cathbluenose]

yes I have a defence and notice of transfer of proceedings from nottingham to our local court.

[Gez]

You will most likely receive a date for a pre-hearing. This will be in place of your AQ where you & the defendant will be asked to bring all documents upon which you will rely to make your case. HSBC most likely pay up before the date of the pre-hearing because they have nothing to bring. You on the other hand have plenty. You can also request that they disclose their costs & disclose how much profit they have made from the money they unlawfully seized from your account. They won't risk that..

[cathbluenose]

thats great, thanks for your help. I just don't understand all these stalling tactics- they paid up in full with interest etc on my personal claim- it must cost them more time and money rather than pay up? I guess I'll just sit tight and wait for the postman then! cheers

[Gez]

The longer they have your money in their hands, the more they will profit from it. Another reason never to allow them an 8 week "investigation".

[lateralus]

have you seen this thread:

New---after 28 Days - Maybe No Aq!!!!!!! (1 2 3 4 5 ... Last Page)

 

i don't specifically know that the new procedure applies to business accts - but it probably does - so, along those lines - send dg a nudging letter.

[Castlebest]

Procedures are the same its just the case law backing the claim that differs for a business account.

pete

[cathbluenose]

an update on the above- still no court date or correspondance from courts or Dg solicitors- have called - they never answer the phone, several messages been left- any suggestions anyone??????

[lateralus]

have you been writing nudge letters - i'm suggesting a nudge every 10 days with a breakdown until they offer.

each local judge is dealing with this in different ways - i'd also suggest a call to your court to where it#s been transferred - just to check everything is ok and nothing is required of you.

but nudge.

look at both my threads about aq's in my signature and in post 1 of each there are ideas for letters to nudge dg into action.

When you have filed your AQ................

New---after 28 Days - Maybe No Aq!!!!!!!

BBC NEWS | Business | Judge attacks 'time

[cathbluenose]

Many thanks I will do that- its just been over a month and i just thought they would have offered by now or set a court date at least! I will get writing that letter!

[lateralus]

just to claify - i did mean nudge to dg - not the court.... i just reread it and it could have been interpreted the other way - sorry.

nudges go to dg.

[Guest ChloeJane]

Hi Cath,

 

If it was transferred 2 weeks ago, its just a waiting game for furhter instructions.

 

If you have not received the allocation questionaire they may be behind, or you may not actually get one.

 

Both these links are relevent in case they are behind and one is sent, or what to expect and do if you do not receive one.

 

To read up about them and how to fill it out should it arrive click here

Allocation Questionnaires - A guide to completion

 

Some courts know of the banks and issues and have dispensed with them, so if they have, don't panic, here is another link!

 

Is your court dispensing with the Allocation Questionnaire?

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).

 

So hang in there - you will hear soon either way of what is next.

 

Hope the above is useful reading.

 

CJ

 

 

[cathbluenose]

Lateralus- thats cool- i did actually think you meant DG but I see what you mean!!

Thanks for both of your advice,I will start with a nudge letter and take it from there- I guess its just a waiting game!!