Claire G v Abbey

[cgandps]

MCOL transferred my case to Wigan County Court about 6 weeks ago now. I phoned the court up a few weeks ago to check everything was ok, and the woman said all I can do is wait. Is this right? Does it take quite a while. I'm not bothered how long it takes, just don't want things to go wrong. I haven't been asked to fill out an allocation Q (yet), this line was crossed out in the letter I received.

 

Any help appreciated.

 

Claire

[Simon7685]

Hi Claire

 

Welcome to 'Beat the Banker'.

 

Yes, the court is correct all you can do is wait for them to contact you. The AQ is now commonly being dispensed with at the MCOL stage to try and speed things up. The truth is the court system is swamped with these people claiming against the banks. I myself have been waiting for a date since my case was transferred on May 9th.

 

Hope this helps.

Simon

[cgandps]

Many thanks Simon, its reassuring. I was hoping my case hadn't slipped through a net (so to speak). Good luck with your claim!

[clarion48]

Cg.......don't count on the AQ beind dispensed with. My letter had the line about the AQ crossed out but my local court decided they still wanted one....it took about four weeks before they sent it out to me.

 

Some courts are dispensing with them as Simon rightly said.......but not all.

 

It isn't a quick process claiming charges back...but you will get there! My claim took 7 months and I just got full settlement two days ago.

 

Keep reading threads....learn as much as you can.

 

All the very best

[cgandps]

Many thanks for your reply. The AQ doesn't worry me, it's the bundle I'm worried about. 1 step at a time I guess

[joe1969]

Hi Claire,

I have a case against A+L at Wigan County Court and they sent me an Allocation Questionaire. They are pretty easy to fill out and just add the draft order for directions to it. Just awaiting to hear from them now.

Good luck with your claim.

 

Joe

[cgandps]

Hi Joe,

 

Sorry I don't know what you mean about adding the draft order? How long was it until they sent you the AQ? Let me know how you get on - good luck

 

Claire

[joe1969]

Hi Claire,

 

The Allocation Questionnaire arrived a couple of days after A&L filed a defence. The Draft Order i mentioned , would if granted by the district judge speed up the process hopefully. There is a link here.

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

 

Joe

[cgandps]

Thanks Joe, keep me posted with how you get on

[cgandps]

I still haven't received a date or any other correspondance from Wigan County Court. Is this normal? I got my transfer letter from MCL at the start of May - I'm worried my case might have slipped through a net or something

[joe1969]

Hi Claire,

Give the court a ring to see if Abbey have filed a defence. If they haven't then you should be able to file for judgment by default.

Hope this helps.

 

Joe

[cgandps]

Hi Joe,

 

A defence was filed before it was transferred. I phoned Wigan CC up today, and the lady said I should hear from them within the next couple of weeks or so. She said that it is with the judge, and they are currently going through about 150 a day. So hopefully I should hear soon. She did say that from her expereince working there, the banks never turn up. Once they get a court date they are on a count down, and usually pay in the 11th hour.

[cgandps]

Ok, now I'm in a state of panic. I received "General Form of Judgement or Order" from Wigan County Court today. Please could somebody help me with this. Do I need to do anything? The content is:

Upon Consideration of the Court Papers IT IS ORDERED THAT

1. The claim is allocated to the small claims track.

2. By 4pm on 9th August 2007 the claimant shall file and serve a schedule setting out each charge the claimant claims as part of this claim.

3. By 23rd August 2007 the defendant file and serve a counter-schedule setting out which charges or amounts are admitted or denied and the reasons for any such denial.

4. The claim shall be listed for a preliminary hearing on the following date to consider how the claim should be conducted.

 

4th Sept etc

 

Estimated length of hearing 10 minutes.

 

There is more content, but the main part of the letter is above.

 

Do I need to do anything?

 

Please help, I'm shaking as it doesn't make much sense to me

[cgandps]

please? can anyone help? I have phoned the court, and even the lady I spoke to couldn't decipher the letter. reading it, I think they just need my spreadsheet with the charges. There is no mention of a court bundle. I have just looked at the basic court bundle on here, and don't understand that either

[srfrench]

Claire..... your schedule is a list (preadsheet) detailing all the charges tou are claiming with the corresponding reference, eg: Overdraft Limit Exceeded - £35 (and the date it was taken from your account).

 

Abbey have to submit their response by their set date or they have failed to comply to a Court Order and consequently are likely to have their Defence struck out! Likewise you will have your Claim struck out if you fail to submit your side before the set date!

 

Hope thats clearer?

[cgandps]

I handposted a breakdown of the Schedule of Charges through the court letter bx last night (deducting the £718) Abbey have paid me (and attached a copy of their letter). I will ring the Court on Tuesday to make sure they got it. Hope this was the right thing.

[cgandps]

I posted my Schedule of Charges through the letterbox of the court on Saturday (sent a copy to Abbey). I phoned the Court on Tues to check they had it, and they said yes, and they were happy. I asked them if I need to prepare anything else i.e a court bundle, and they said no. Has anybody else known this? My preliminary hearing is on 4th Sept

[cgandps]

I posted my Schedule of Charges through the letterbox of the court on Saturday (sent a copy to Abbey). I phoned the Court on Tues to check they had it, and they said yes, and they were happy. I asked them if I need to prepare anything else i.e a court bundle, and they said no. Has anybody else known this? My preliminary hearing is on 4th Sept via the small claims route

[joe1969]

Hi Claire,

Is your hearing still going ahead , as i rang Wigan CC on Friday and they said that my claim has been stayed until after the OFT test case.

 

Joe

[cgandps]

Hi Joe,

 

I called them early last week, and they didn't say it was stayed. They did say some of the newer cases would be stayed, and the older ones were going through. Not sure which mine falls into.

 

Claire

[cgandps]

touch wood, not had anything through the post about a stay... YET! My date is 4th Sept, so it could still happen

[joe1969]

Hi Claire,

 

What was the exact date you filed with MCOL ?

 

Joe

[cgandps]

I've not heard anything from the court yet as to if my case will be stayed. My date is for next Tuesday. I filed the MCOL on 02/04/07

[cgandps]

I'm a bit worried about not sending Abbey a letter stating I do not accept the small payment they put into my account as full and final. I phoned MCOL the day is happened, and asked the lady if I need to write to or contact Abbey, and she said no, just continue with the claim as it is. My hearing is on Tuesday. Could this jeopardise my case?

[Lula]

Hi, if there was nothing in the letter that they sent you stating that unless they hear from you within a certain amount of time they will consider the claim settled, then dont worry about it, but I would send then a quick letter saying that you will accept this as a partial settlement only and will persue them for the rest.