Small Claims Allocation Questionaire

[tastethediff]

Please Help,

 

I have already started a thread(see below)

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?269670-Capquest-HL-legal-vs-Tastethediff&highlight=tastethediff

 

I need some help with my Allocation Questionaire, basically I wrote to the Claimant's solicitors on the 27th July CP31.14 requesting they supply copies of the docs mentioned in the particulars of claim. I have heard nothing back at all except a letter stating they are proceeding with the claim and it will transferred to my local court.

 

Last week I received the Allocation questionaire, i would like some advice on the following,

 

The debt is for a credit card(Balance on card was approx £4,100 but the Claimant has added interest and now is nearly £4,550 plus costs the claim is for nearly £4,700).

 

I would prefer the claim to be heard in the fast track, how do I go about requesting this?

 

How do I inform the court that the Claimant's solicitors have not complied with my Cpr31.14 request,

 

any advice would be appreciated,

 

thanks

 

TTD

[Notasniceasjoe]

I'm just a newbie myself, but in the AQ that I filled in recently - for similar sums to your own- the option was there to apply for it to be allocated to any particular track - Question C - but you have to give a good reason, and/or both parties have to agree to that allocation. Unless your case is unusually complicated the

 

You can inform the court that your CPR 31.14 request has been ignored in reply to Section G- other information and attach a draft order for directions to try to get hold of that.

[AndyOrch]

There is no option on the N149 to select a track as the claim is under 5K it will be dealt with at SCT.

I can appreciate you point re Fast Track ie disclosure directions but you will pay a price re costs should you be unsuccessful.

It is possible to request this however but you would have to submit the N150 and of course seek agreement with the Court and the Claimant.

 

Regards

 

Andy

[tastethediff]

Thanks for the speedy replies.

 

If I make an application to the court for the claim to be struck out and it goes to the small clais track, can I claim the cost of the application back if I'm successful?

 

thanks

 

TTD

[AndyOrch]

Yes if the DJ awards costs to you.

 

 

Andy

[tastethediff]

Thanks Andy,

 

I've given them another 7 days then I have to submitt my AQ.

 

TTD

[tastethediff]

Under section G of the AQ I am thinking of writing something along these lines.........

 

On the 27th July 2010 I wrote to the Claimant's solicitor's(copy of letter attached) under CPR 31.14 requesting copies of the documents mentioned in the particulars of claim. Having received no reply/documentation I sent the claimant's solicitor an email re-requesting documentation on the 1st October 2010 and have still not received a reply.

 

I kindly request that the Judge order the claimant's solicitor supply the information requested under CPR 31.14 or the claim be struck out.

 

 

 

 

Any comments on this please...