Difference between revisions of "Allocation Questionnaire"
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We advise that you include with your AQ a suggested template for a '''[[Draft Direction Order]]''' | We advise that you include with your AQ a suggested template for a '''[[Draft Direction Order]]''' | ||
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+ | ====Section H - Fee ==== | ||
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+ | {| border="0" cellpadding="10" cellspacing="0" align="center" width="90%" style="background-color: #EEEEEE;" | ||
+ | |----- | ||
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+ | <blockquote><div style= "font-size:87%;"><font color = #EEEEEE> — </font> | ||
+ | Have you attached the fee for filing this allocation questionnaire? </div></blockquote> | ||
+ | |} | ||
+ | You should note that if you do not pay this fee it might lead to your claim being struck out. | ||
+ | If you are the claimant, depending on the value of your claim, you may have to pay a court fee. | ||
+ | |||
+ | If you have not applied for fee exemption or remission, the fee must be sent to the court at the same time as your completed questionnaire - in other words, you could get help from the court. | ||
+ | |||
+ | If you are in receipt of certain benefits, or if this fee would cause you undue hardship, it may be possible to pay nothing, a reduced fee, or even have the payment deferred until a later time. | ||
+ | Contact the Court directly if you think this applies to you. | ||
+ | |||
+ | ====Section I - Signature ==== | ||
+ | |||
+ | |||
+ | This questionnaire must be signed by only the party to the claim, or litigation friend, or legal representative. | ||
Revision as of 10:32, 22 July 2007
Contents
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
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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
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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
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TICK YES
Section D - Witnesses
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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
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Unless you know otherwise, TICK NO
Section F - Hearing
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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
Section H - Fee
|
You should note that if you do not pay this fee it might lead to your claim being struck out. If you are the claimant, depending on the value of your claim, you may have to pay a court fee.
If you have not applied for fee exemption or remission, the fee must be sent to the court at the same time as your completed questionnaire - in other words, you could get help from the court.
If you are in receipt of certain benefits, or if this fee would cause you undue hardship, it may be possible to pay nothing, a reduced fee, or even have the payment deferred until a later time. Contact the Court directly if you think this applies to you.
Section I - Signature
This questionnaire must be signed by only the party to the claim, or litigation friend, or legal representative.