HELP! Am totally baffled now everything has changed

[darthbane2k]

Im confused. I have sucessfully claimed against various banks in the past. Now im against Nationwide for a small amount and have recieved from northampton county court a copy of their defence and notifcation that the case has been moved to my local court.

Now I was expecting an allocation questionnaire to be issued with this, but I dont have one, what I do have is a notice stating the following:

 

Without hearing

IT IS ORDERED THAT:-

 

1.The filing of an allocation questionnaire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise. **

 

Note: Any party affected by this Order may under Rule 3.3(5) apply to have it set aside, varied or stayed. Such a party must apply under Rule 23.3 within 14 days of service of this order.

 

**Please note that an allocation fee may be payable in this instance. Please contact the court of transfer for further details.

 

Now what in the heck am I supposed to do now to progress this claim? Do I sit and wait? If no action is to be taken can I get my court fee back? Has the judge already desided in Nationwides favour? Please help me understand this

[hedgey06]

Hi darthbane, CAG discovered today that Northampton are now automatically staying all claims filed via MCOL. Please read the link in my signature for further information on this.

 

It doesn't mean the Judge has already decided in Nationwide's favour though, it's just another knock on effect from the OFT announcement about the test case.

 

However, looking at the order you've received above, it doesn't actually say that your claim has been stayed - so have they actually transferred it? If they have, what you've received is standard and, once you hear from your own court - they'll inform you whether they require you/don't require you to complete the AQ.

 

Best of luck

[Michael Browne]

AQ's have been dispensed with since end of March. Just wait for notification from your local court.

 

If you didn't know aboiut that, you probably don't know about this either:

OFT Test Case: Advice on What to do

OFT Test claim: What this means for you

OFT v The Banks: Read This if You're Worried

OFT v Banks - **Don't panic!!!**

[darthbane2k]

Thanks for the help. So I basicly wait then...

(The case HAS been transferred to my local court, but I have not heard from them)

[hedgey06]

You should hear from them soon

[jollyjo]

All MCOL claims are dealt with at Northampton County Court but separately to the ordinary county court IYKWIM.

[darthbane2k]

Okay now im confused. I waited and recieved no allocation questionnaire from the court, but today I recieved the following letter which suggests that questionnaires have been looked at by the judge and my case has been allocated to the small claims track.

Furthermore, I now have a court date and have been asked to submit documents! I am at a complete loss as to what to do, Its never gone this far before and I have not heard a peep from Nationwide.

Can anyone advise? Im starting to panic here as the court date is scheduled for NOVEMBER!

 

 

http://img129.imageshack.us/img129/2433/courttk8.jpg

[Michael Browne]

You need to submit a court bundle. See here:

Court Bundle - Basic

Basic Court Bundle

Court Bundle -Advanced

Advanced court bundle

Court Bundle - Examples of Witness Statement, Document list etc

Examples of Witness Statements / Disclosure by List / Draft Directions / Case Summary

Court Date? - A Guide to Different Hearings

GOT A COURT DATE? A guide to the later stages

[darthbane2k]

Im scared. It seems I am in over my head here. Im surprised its gone to Court just for a couple hundred quid. Would Nationwide have recieved this today also? Maybe they'll settle.

[hedgey06]

Hi darthbane, there's no need to be scared. At the end of the day, we're none of us lawyers, barristers or judges, but one thing we do all have in common is that we're winning against the major banking corporations - so you're in good company!

 

You're not in over your head at all - just post back on here with anything that you're unsure of and we can all support you to get ready for court.

[darthbane2k]

Okay. Still no settlement from nationwide, the court date is looming. I might just bail out, its only for £200 after all. What is the best way of doing this?

[hedgey06]

Don't bail out - it's your money and you have the right to reclaim it. It may only be £200, but it's £200 that is yours by right.

 

Don't worry too much about the hearing at the moment as it's still a couple of months away. For the moment, concentrate on getting your documents submitted as requested by the court........... you can then start prepping for the actual hearing properly once you've got this sorted out.