Questions not understood on the Allocation Questionairegreenspun.com : LUSENET : Repossession : One Thread
There are only two questions we understand on this questionaire. 1. Settlement. Do you wish there to be one month stay to attempt to settle the claim. 2. Location of trial. 3. Pre-action protocols. The paper asks which protocol applies to this claim, and have we complied with it. Also if there is no pre-action protocol have we exchanged information and documents with the other party in order to assist in settling. ( The Halifax need to have a look at this one ). 4. Applications. Have you made any application in this claim. If yes what for. 5. Witnesses. Do you intend to call any. 6. Experts. Do you wish to use expert evidence at the trial. Have you already copied experts reports to the other parties. Do you consider the case suitable for a single joint expert in any field. 7. Track. Which track do you consider is most suitable for your claim i.e. small claims, fast track, multi-track. 8. Trial or final hearing. How long do you estimate the trial or final hearing will take.......days........hours........minutes. 9. Proposed directions. Have you attached a list of the directions you think appropriate for the management of the claim. 10.Other information. Have you attached documents to this questionaire. Have you snet these documents to the other party. If yes when did they recieve them. Do you intend to make any applications in the immediate future. If yes, what for. It also asks about costs, but tell us not to fill this in unless we are a solicitor and have suggested the claim is suitable for allocation to the fast or multi-track.
-- Christine Singleton (Middleforth1@aol.com), October 13, 2002
I can't answer all your questions, so perhaps others will chip in their opinions, but here goes.....
1. You could ask for a month to try and settle the claim. Even if Halifax won't play ball, it'll look good that you're trying to come to a settlement.
2. Location of trial - ask for your home court.
3. Pre-action protocols - http://www.lcd.gov.uk/civil/procrules_fin/menus/protocol.htm
lists the various pre-action protocols applicable to certain cases and as such, your case doesn't have one. You will have to go through an exchange of documents with Halifax - you provide them with a list of the documents you have in your possession and which you may rely on in court, and they do the same. Each party then asks the other for whatever they want off the list (you may have to pay copying charges and vice versa). If Halifax don't provide a list of documents first, then hang on and the Court will direct it instead.
4. Applications - if perhaps you make an application for costs in the claim? Not too sure on this one, perhaps someone else can answer this.
5. Witnesses - unless you've got any, then this won't apply, same goes for the experts. The allocation questionnaire is intended to cover a variety of case types, so much of it won't be relevant.
7. Track. If Halifax's claim is under 5000 then it would go to the Small Claims track. Take a look at http://www.lcd.gov.uk/civil/procrules_fin/menus/rules.htm Parts 27-29 cover the various tracks. If you're not sure, just say don't know in the form. Without a solicitor you can't be expected to know everything.
8. Trial or final hearing - how long is a piece of string?? I suggest you give the Court a ring and ask for advice on this.
9. Proposed directions. - would suggest that you answer no or leave it blank. When the Court allocates your case to a certain track, it will issue 'directions' - instructions for both parties to follow. In this question its asking for your suggestions.
10.Other information - self explanatory.
I suggest that you go and have a chat with a solicitor about this and your case. Check out the Yellow Pages for your area, there are solicitors who will give you a half hour of free advice and let you know where you stand, answer your questions etc and give you a quote for their fees if you wanted to take one on. A solicitor need not be that expensive - I had one come with me to court to represent me in a landlord/tenant case and it cost me only £100 for a briefing session and the court appearance.
Hope this helps. Pendle
-- pendle (email@example.com), October 13, 2002.
I checked out the courtservice website yesterday and it seems to me that this allocation questionaire is the new version of a small claims court procedure, this worries me as it means that the mortgage companies are now going through "small claims court to recover shortfalls of up to £15,000 this is not good as the methods of recovery in these types of court are different from going to "full" court. I would be very very wary of filling this form in and would go to see a solicitor IMMEDIATELY.
-- John (firstname.lastname@example.org), October 14, 2002.