Difference between revisions of "Allocation Questionnaire"

From Consumer Wiki
(Do I Have the Correct Form?)
Line 48: Line 48:
 
There are 2 types of Allocation Questionnaires, form N149 and N150.
 
There are 2 types of Allocation Questionnaires, form N149 and N150.
  
Form N149 should be issued for claims that are considered likely to be handled by the Small Claims Track See N149 Guide here, and form N150 for more complex or higher value claims. See N150 Guide here
+
Form N149 should be issued for claims that are considered likely to be handled by the Small Claims Track. See N149 Guide below, and form N150 for more complex or higher value claims. See N150 Guide below
  
 
The N149 is very straight forward - in fact the AQ itself, being a 'multi-purpose' document, is not really tailored to the needs of a small claims case.
 
The N149 is very straight forward - in fact the AQ itself, being a 'multi-purpose' document, is not really tailored to the needs of a small claims case.
Line 59: Line 59:
 
<span style="color:red">'''Please be aware that the court should inform you about this but you may still be required to pay the allocation fee. You should double check with the court'''
 
<span style="color:red">'''Please be aware that the court should inform you about this but you may still be required to pay the allocation fee. You should double check with the court'''
 
</SPAN>
 
</SPAN>
 +
 
== N149 Completing a Small Claims Track Allocation Questionnaire==
 
== N149 Completing a Small Claims Track Allocation Questionnaire==
 
An online PDF version of the form is '''[http://www.hmcourts-service.gov.uk/courtfinder/forms/n149_1105.pdf here]'''
 
An online PDF version of the form is '''[http://www.hmcourts-service.gov.uk/courtfinder/forms/n149_1105.pdf here]'''

Revision as of 22:14, 21 July 2007

Allocation Questionnaires - An introduction

From the moment your claim starts in the court, the emphasis will be on moving to a hearing as soon as possible.

If you have followed our guide to claiming then you will have already attempted to reach a settlement without the court's involvement but the Allocation Questionnaire is the final chance to reach settlement via discussion.

What Does Allocation Mean?

The courts recognise that all cases vary and will require different timescales for hearings. To cater for this diversity, the rules create 3 different categories of case management - TRACKS. The AQs, along with the original claim form and any defence, will help a Judge to determine the track for your case. This process is known as the allocation.

What is a Track?

The 3 case management categories are termed tracks;

Small Claims Track

  • For claim values up to £5,000 (excluding injury or housing matters)

Fast Track

  • For claim values between £5,000 and £15,000
  • Where the case can be heard in one day or less

Multi Track

  • Cases which fall outside of the above scenarios

What else Do I Need to Know?

An allocation questionnaire will be sent to both sides, but only if the defendant submits a defence.

  • You have 14 days from receipt of the AQ to return it to the court
  • Failure to meet the deadline could see your case being struck out
  • There is a fee* if your claim exceeds £1,500 in value
  • You must return payment with the form
  • Failure to pay the fee may result in your case being struck out
  • The fee is £100, but you may not have to pay if you are in receipt of certain state benefits.

See Court Fees

Do I Have the Correct Form?

There are 2 types of Allocation Questionnaires, form N149 and N150.

Form N149 should be issued for claims that are considered likely to be handled by the Small Claims Track. See N149 Guide below, and form N150 for more complex or higher value claims. See N150 Guide below

The N149 is very straight forward - in fact the AQ itself, being a 'multi-purpose' document, is not really tailored to the needs of a small claims case.

Since the N150 is usually distributed for claims which are likely to fall outside of the scope of Small Claims Track, it is slightly more in-depth and has a few more sections. However, do not be worried if you receive one and your claim is under £5,000 - it could just be a mistake. There is no harm in completing one of these for smaller claims...


Please note that allocation questionnaires are now frequently being dispensed with for bank charges claims as the courts now realise that the banks are mounting sham defences and are wasting the courts' time.

Please be aware that the court should inform you about this but you may still be required to pay the allocation fee. You should double check with the court

N149 Completing a Small Claims Track Allocation Questionnaire

An online PDF version of the form is here

Section A - Settlement

Do you wish any further action in this claim to be postponed for one month so that you and the other party can attempt to settle the claim either by informal discussion or by alternative dispute resolution?

You have given ample opportunity to resolve this matter with your bank / credit card company etc. so there is no need to allow further time. TICK NO

Section B - Location of Hearing

The claim will be heard in the court to which this form must be returned. Is there any

reason why it should be transferred to another court to be heard?

If the reply address is your local court, then TICK NO. If the reply address has changed to another location, then TICK YES and state that since you, as a private individual, are claiming against a company who carries on business in this location, then the case should be heard locally to you.

Section C - Track

Do you agree that the small claims track is the most suitable track for this claim?

TICK YES

Section D - Witnesses

So far as you know at this stage, how many witnesses (other than yourself) do you intend to call to give evidence at the hearing?

Enter the number of witnesses you intend to call to give evidence not including yourself or any expert witness Typically this would be 0

Section E - Experts

Do you want permission to use an expert’s report at the hearing?

Unless you know otherwise, TICK NO

Section F - Hearing

Are there any days within the next four months when you, an expert or a witness will

not be able to attend court for the hearing?

Unless you know of specific date that you cannot attend court (holidays etc) then TICK NO .

Section G - Other Information

In the space below, set out any other information you consider will help the judge to manage or clarify the claim, including any other information you consider should be supplied by the other party.

Give details of any other information that you consider will help the judge to manage the claim, referring as necessary to any documents you might have attached. Bear in mind however that at this stage you need not attach all other documents which you wish the court to consider at the hearing. This is something you will later be asked to provide.

You should state here that you believe the case will last no longer than 1 hour.

You may wish to add reasons why the case is more suitable for Small Claims Track if your claim value exceeds £5,000 or provide reasoning why the other side should provide evidence of their costs!

We recommend that include a request for the Judge to order a form of 'basic' disclosure from the bank. Many courts have now started to issue these, so the request is likely to have been seen by your Judge before.

A small note explaining its intended use would help. Do not make this too lengthy, just explain that it has been attached for consideration and you believe it will bring a speedy end to Litigation. State that it was devised by the Mercantile Courts for a similar case.

We advise that you include with your AQ a suggested template for a Draft Direction Order