Help, AQ dispensed with - Lloyds TSB

[harrybongo]

Hi there, please help!! Firstly just to fill you in, I am trying to reclaim bank charges on behalf of my mum, £400 b4 interest, court costs, etc from Lloyds TSB (they took £200 out in one go over Christmas in 2005, extremely festive of them!) We have done all the usual steps, written the letters within the timescales provided and then filed a claim on MCOL. They defended the claim at the very last millisecond and now my mum has received a notice of transfer of proceedings (on 31st May) stating the case has been transferred to the local court, and the allocation questionnaire has been dispensed with. We therefore then sent a letter to Sechiari Clark & Mitchell (Lloyds TSB) after scouring the CAG forum basically giving them an option to settle up "it has come to my attention that as of 31st May 2007, an Allocation Questionnaire may not be required in this case. I am mindful of the vast number of claims with which you are currently dealing. In order to more speedily resolve this matter, I am willing to accept the sum of £491.60. I do not agree to waive my rights in respect of any other actions, nor do I agree to a clause of confidentiality. I hope to hear from you very soon so that a reasonable conclusion to this claim might be achieved. I am sure that the courts would approve of our settling this matter in a timely manner and without their further intervention. For your records, I enclose another copy of my schedule of charges. I look forward to hearing from you".

We haven't heard anything back, and after reading various posts and threads I am worried that we should have sent a draft order for direction (i think that's correct) and hope we haven't missed the boat time-wise. I know it sounds cheesy, but all I want is for my mum to get her money back and I am starting to wish that I hadn't talked her into starting the process in the first place :o

Please help, I'm starting to feel like a terrible daughter who's gonna have to see her mum stand up in court to defend herself!!

[nestie]

Hi Harrybongo,

not sure if you need to send a draft order for directions in now (I had to complete an AQ so someone with more experience will no doubt advice you on that) but other than that what you have done is fine. I know that SCM are snowed under at the moment - a bloke from their office phoned me this week and said that they are having trouble locating files due to the number of claims they are having to deal with (5 mins later he told me that a settlement letter had been sent to me that day!). You could try phoning them or faxing them to chase things up with them - someone will need to then actually find your file so it may be dealt with sooner then. You could also phone the court for an update (they may have a backlog etc). Partly because I'm a worrier and partly because I'm impatient I always find the 'badgering the hell out of people route' works for me - try it!

[presario]

Hi harrybongo..you sound at very much the same point as myself both in the size of your claim and your position, I did send in a draft order after reading this

 

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

 

I am no expert so I would wait for confirmation from someone with a bit more experience in these matters, I also sent the nudge letter you mention which like you has been ignored so second one will go off soon. I also have not heard anything from the court so it's a bit of a waiting game at the moment. I intend to try for cost as well but will not hold my breath.

 

Good Luck

[nestie]

harrybongo and presario,

if you phone the court they tend to be really helpful. They will tell you at what stage your claim is, when you're likely to hear from them next and what it is you are likely to hear (if they can). Also they get to remember you and give you some 'off the record' advice too - the bloke I spoke to a few times at my court did. It also stops you wondering and worrying. At least you'll know you haven't been forgotten about!

Good luck to you both,

Sam