Advice for next step for Claim from County Court (CPR 31.14 already sent)

[mani99]

Sent this today. Simon, hope The Mould's post helps you too.

[simongee]

Hi Mani

Thanks for your note. I hope this brings you success. My form is a N150 and is questioned completely differently so doesn't have quite the same value as it would for you. I'm hoping to get some advice on the N150 from this site, otherwise I will have to try and work it out on my own.

Simon

[The Mould]

Hi Mani

Thanks for your note. I hope this brings you success. My form is a N150 and is questioned completely differently so doesn't have quite the same value as it would for you. I'm hoping to get some advice on the N150 from this site, otherwise I will have to try and work it out on my own.

Simon

 

Good evening simongee

 

Can you direct me to your case and I shall have a look at your N150 AQ.

 

Kind regards

 

The Mould

[The Mould]

Allocation questionnaire

To be completed by, or on behalf of,

Mr John Smith

(example only – draw a line through claimant and Part 20 claimant)

who is [1st][2nd][3rd][ ][Claimant][Defendant]

[Part 20 claimant] in this claim

 

 

 

Name of court

In the High Court of Justice

Chancery Division

 

Claim No.

1CL1****

Last date for filing with court office

18 November 2011

 

 

 

 

 

 

 

Please read the notes on page six before completing the questionnaire.

You should note the date by which it must be returned and the name of the court it should be returned to since this may be different from the court where the proceedings were issued.

If you have settled this claim (or if you settle it on a future date) and do not need to have it heard or tried, you must let the court know immediately.

 

Have you sent a copy of this completed form to the other party(ies)? (TICK YES) Yes No

 

A Settlement

Under the Civil Procedure Rules parties should make every effort to settle their case before the hearing. This could be by discussion or negotiation (such as a roundtable meeting or settlement conference) or by a more formal process such as mediation. The court will want to know what steps have been taken.

Settling the case early can save costs, including court hearing fees.

For legal representatives only

I confirm that I have explained to my client the need to try to settle; the options available; and the possibility of costs sanctions if they refuse to try to settle.

 

For all

Your answers to these questions may be considered by the court when it deals with the questions of costs: see Civil Procedure Rules Part 44.3 (4).

1. Given that the rules require you to try to settle the claim before the hearing, do you want to attempt to settle at this stage? (TICK YES)

Yes No

2. If Yes, do you want a one month stay? (TICK YES)

Yes No

3. Would you like the court to arrange a mediation appointment? (TICK NO)

Yes No

(A fee will be payable to the mediation provider

appointed by the National Mediation Helpline.)

 

4. If you answered ‘No’ to question 1, please state below the reasons why you consider it inappropriate to try to settle the claim at this stage.

 

 

Reasons:

(LEAVE BLANK)

N150 Allocation questionnaire (09.10) 1 © Crown copyright 2010.

Reproduced by Thomson Reuters (Legal) Ltd

 

 

 

 

 

____________________________________________________________________________________________________________________________________________________________________________________

B Location of trial

Is there any reason why your claim needs to be heard at a particular court? Yes No

If Yes, say which court and why?

(If your case is complex then tick yes and state High Court due to complex issues such as temporary novation to the original contract, promissory estopple and fundamental breach of contract – obviously these are stated for example purposes only)

____________________________________________________________________________________________________________________________________________________________________________________

C Pre-action protocols

You are expected to comply with the relevant pre-action protocol.

Have you done so? Yes No

If No, explain why?

(If the claimant has served a letter of claim upon you pursuant to CPR Practice Direction – Pre-Action Conduct and you have responded thereto pursuant to your obligations stated in the said Practice Direction, then tick the yes box, if no letter of claim served the leave this part blank)

____________________________________________________________________________________________________________________________________________________________________________________

D Case management information

What amount of the claim is in dispute?(State the amount you dispute liability for)

£

 

Applications

Have you made any application(s) in this claim? Yes No

 

If Yes, what for?

(Self-explanatory)

For hearing on

 

(e.g. summary judgment,

add another party)

Witnesses

So far as you know at this stage, what witnesses of fact do you intend to call at the trial or final hearing including, if appropriate, yourself?

Witness name

Witness to which facts

 

 

(Again, self-explanatory)

 

 

2

 

 

 

 

 

 

Experts

 

Do you wish to use expert evidence at the trial or final hearing?

Yes No

Have you already copied any experts’ report(s) to the other party(ies)?

None yet obtained

Yes No

Do you consider the case suitable for a single joint expert in any field?

Yes No

 

Please list any single joint experts you propose to use and any other experts you wish to rely on.

Identify single joint experts with the initials ‘SJ’ after their name(s).

Expert’s name

Field of expertise (eg. orthopaedic surgeon, surveyor, engineer)

 

 

(If your case involves forgery or lack of mental capacity, the you will be using an expert to support your case – so, this part of the AQ is also self-explanatory)

 

Do you want your expert(s) to give evidence orally at the trial or final hearing? Yes No

If Yes, give the reasons why you think oral evidence is necessary:

 

 

Track

Which track do you consider is most suitable for your claim? Tick one box small claims track

fast track

multi-track

If you have indicated a track which would not be the normal track for the claim,

please give brief reasons for your choice

(Dependent upon the sum of money involved and the complexity of the case, however, this N150 AQ form is generally served for the purpose of either the fast or the multi track. For issues of material breach of contract, promissory estopple etc. tick multi track)

 

3

 

 

 

 

 

 

Disclosure of electronic documents

If you are proposing that the claim be allocated to the multi-track:

1. Have you reached agreement, either using the Electronic Documents Questionnaire in PD31B or otherwise, about the scope and extent of disclosure of electronic documents on each side?

Yes No

2. If No, is such an agreement likely?

Yes No

3. If there is no agreement and no agreement is likely, what are the issues about disclosure of electronic documents which the court needs to address, and should they be dealt with at the Case Managment Conference or at a separate hearing?

 

(It is important that both parties discuss the above issue and indeed all issues and try to agree on the same thing, so e-mail the solicitors acting for the claimant and discuss the issues and see if you and the claimant can agree to the same thing for the purposes of complying with your duty to further the overriding objectives of the CPR and thereby assist the court’s case management of the claim. If no agreement can be reached, you can show the court of your efforts to assist the CCMOTC) Important when costs are being decided!

____________________________________________________________________________________________________________________________________________________________________________________

E Trial or final hearing

How long do you estimate the trial or final hearing will take?

 

(LEAVE BLANK)days

 

 

hours

 

 

minutes

 

 

Are there any days when you, an expert or an essential witness will not be able to attend court for the trial or final hearing? (self-explanatory)

Yes No

 

If Yes, please give details

Name

Dates not available

(Self-explanatory)

 

____________________________________________________________________________________________________________________________________________________________________________________

F Proposed directions (Parties should agree directions wherever possible)

Have you attached a list of the directions you think appropriate for the management of the claim? (Always attach Draft Order for Directions) YES

Yes No

If Yes, have they been agreed with the other party(ies)? (Try and agree)

Yes No

____________________________________________________________________________________________________________________________________________________________________________________

G Costs

Do not complete this section if you have suggested your case is suitable for the small claims track or you have suggested one of the other tracks and you do not have a solicitor acting for you.

 

What is your estimate of your costs incurred to date?

£BLANK

 

What do you estimate your overall costs are likely to be?

£BLANK

In multi-track cases these questions should be answered in compliance with CPR Part 43.4

 

 

 

 

 

____________________________________________________________________________________________________________________________________________________________________________________

H Fee (Leave Blank)

Have you attached the fee for filing this allocation questionnaire? Yes No

An allocation fee is payable if your claim or counterclaim exceeds £1,500.

Additional fees will be payable at further stages of the court process.

____________________________________________________________________________________________________________________________________________________________________________________

I Other information

Have you attached documents to this questionnaire? (If yes, then YES BOX) Yes No

Have you sent these documents to the other party(ies)? (YES BOX) Yes No

If Yes, when did they receive them? (Post by Special Delivery for proof)

 

Do you intend to make any applications in the immediate future? Yes No

If Yes, what for?

(This will depend upon the circumstances of your case, if you envisage that you will make an application (N244), then simply say so)

In the space below, set out any other information you consider will help the judge to manage the claim.

(This is where you ought to bring to the court’s attention any non-complaint conduct of the claimant with CPR or any Orders/Directions served in the case previously. State any relevant matter that you think will assist the Judge in the case management of the claim. Continue on separate A4 sheets if necessary and remember to put the title of the claim etc. on the header of any such additional paperwork)

____________________________________________________________________________________________________________________________________________________________________________________

 

Signed

Mr John Smith and draw a line through everything except DEFENDANT or Part 20

 

 

 

 

Date

3 November 2011

[Counsel] [solicitor] [for the][1st][2nd][3rd][ ]

[Claimant] [Defendant] [Part 20 claimant]

Please enter your name, reference number and full postal address including (if appropriate) details of telephone, DX, fax or e-mail

(self-explanatory)

 

If applicable

 

Telephone no.

YES

Fax no.

YES

DX no.

if you have one

 

Postcode

 

 

 

 

 

 

 

 

 

 

 

Your ref.

If you have one

 

 

E-mail

YES

 

5

 

 

Make two copies of the AQ - one for your own records and serve a copy of the same upon the claimant (his solicitors) special delivery

Kind regards

The Mould

 

 

Notes for completing an allocation questionnaire

 

· If the claim is not settled, a judge must allocate it to an appropriate case management track. To help the judge choose the most just and cost-effective track, you must now complete the attached questionnaire.

· If you fail to return the allocation questionnaire by the date given, the judge may make an order which leads to your claim or defence being struck out, or hold an allocation hearing. If there is an allocation hearing the judge may order any party who has not filed their questionnaire to pay, immediately, the costs of that hearing.

· Use a separate sheet if you need more space for your answers marking clearly which section the information refers to. You should write the claim number on it, and on any other documents you send with your allocation questionnaire. Please ensure they are firmly attached to it.

· The letters below refer to the sections of the questionnaire and tell you what information is needed.

 

 

 

______________________________________________________________________________________

A Settlement

Under the Civil Procedure Rules parties should make every effort to settle their case before the hearing.

This could be by discussion or negotiation (such as a roundtable meeting or settlement conference) or by a more formal process such as mediation. The court will want to know what steps have been taken. If you think that it would be worthwhile you and the other party trying to negotiate a settlement at this stage you should tick the ‘Yes’ box. The court may order a stay, whether or not all the other parties to the claim agree. Even if you are requesting a stay, you should still complete the rest of the questionnaire.

More information about settlement options is available in the Legal Services Commission leaflet ‘Alternatives to Court’ free from any county court or the LSC leaflet line on 0845 3000 343. If you would like to find out more about mediation, and the fees charged, contact the National Mediation Helpline on 0845 60 30 809 or go to www.nationalmediationhelpline.com. Although you may appoint a mediator of your choice, if you would like the court to arrange a mediation for you please tick ‘Yes’. By ticking this box you are consenting to your contact details being passed via the Helpline to an accredited external registered provider.

B Location of trial

High Court cases are usually heard at the Royal Courts of Justice or certain Civil Trial Centres. Fast or multi-track trials may be dealt with at a Civil Trial Centre or at the court where the claim is proceeding.

C Pre-action protocols

Before any claim is started, the court expects you to have complied with the relevant pre-action protocol, and to have exchanged information and documents relevant to the claim to assist in settling it. To find out which protocol is relevant to your claim see: http://www.justice.gov.uk/civil/procrules_fin/menus/protocol.htm

D Case management information

Applications

It is important for the court to know if you have already made any applications in the claim, what they are for and when they will be heard. The outcome of the applications may affect the case management directions the court gives.

 

 

Witnesses

Remember to include yourself as a witness of fact, if you will be giving evidence.

Experts

Oral or written expert evidence will only be allowed at the trial or final hearing with the court’s permission. The judge will decide what permission it seems appropriate to give when the claim is allocated to track. Permission in small claims track cases will only be given exceptionally.

Track

The basic guide by which claims are normally allocated to a track is the amount in dispute, although other factors such as the complexity of the case will also be considered. Leaflet EX305 - The Fast Track and the Multi-track, explains this in greater detail.

E Trial or final hearing

You should enter only those dates when you, your expert(s) or essential witness(es) will not be able to attend court because of holiday or other commitments.

F Proposed directions

Attach the list of directions, if any, you believe will be appropriate to be given for the management of the claim. Agreed directions on fast and multi-track cases should be based on the forms of standard directions set out in the practice direction to CPR Part 28 and form PF52.

G Costs

Only complete this section if you are a solicitor and have suggested the claim is suitable for allocation to the fast or multi-track.

H Fee

For more information about court fees please go our website www.hmcourts-service.gov.uk or pick up a fees leaflet EX50 from any county court. If you cannot afford the fee, you may be eligible for remission of the fee. More details can be found in the leaflet EX160A, which can be downloaded from our website or you can pick up a copy from any county court.

I Other Information

Answer the questions in this section. Decide if there is any other information you consider will help the judge to manage the claim. Give details in the space provided referring to any documents you have attached to support what you are saying.

 

 

 

6

Edited November 3, 2011 by The Mould
Format

[simongee]

Hi Mani99

 

Did you hear back from the court regarding the Cabot's Claim? Has the court set a trial date yet?

 

Simon

[mani99]

Hi Simon,

 

Yes, the court date is early Feb. Im surprised that it's even got to this stage since the District Judge ruled that the claim would be struck out if they didnt produce a true copy of the NoA. Well, anyway... got to start preparing!

 

Mani

[toymaker1]

 

also note that they have not pleaded interest correctly as required by cpr 16.4.

 

 

Cabot do not plead the interest correctly in a single one of their claims, yet for some reason I do not understand, this is never challenged at the trial, either by judges or legal representatives. They are simply allowed to carry on with this gross breach of court rules. As I have said elsewhere on this site, this is a national scandal as bad as the failngs of RBS and FSA.

In fact, Cabot do not plead anything in their POC's correctly. Every one simply identifies them as the owner of the account by assignment, then makes a vague and unparticularised assertion that despite "demands" for payment, an amount in an unspecified currency remains due from an unspecified person, with no allegation of any default claimed against that person. - what issue is the court supposed to decide based on that?

[Guest]

as you say, any failure by a resourceful claimant to comply with cpr should be brought to the courts/J's attention as and when required.

Edited December 13, 2011 by Ford

[AndyOrch]

I think the vast majority of claims issued from CCBC don't plead in accordance with PD16.I really do think the softly softly vague approach may work and entice them out using the court claim procedures.They plead vague you respond vague you request clarification the DJ orders clarification, they clarify and then they go into detail, then you have them and force disclosure.

They cant disclose the DJ orders an unless and bingo the claim is struck out. Not cost you a penny.

You can issue all the CPRs and applications at your cost but unless you get them to expand their plea they will play you and the DJ off.Thats why they plead with so little detail and effectively hide behind the CPR.

 

Regards

 

Andy

[mani99]

Interesting stuff there, so what do you recommend that I build my defence on? Also, got a call from the mediation service today as Cabot want to mediate a resolution for this. Surely if they had a water tight case then they wouldnt mind going to trial? Or is this just part of the process? I have a telephone mediation booked for next week, should I stick to my guns and ensure that this goes to trial?

 

Many thanks.

[AndyOrch]

The Solicitors’ Code of Conduct 2007 provides in Rule 2.02(1)(b) (ClientCare) an obligation on solicitors to “give the client a clear explanation ofthe issues involved and the options available to the client”. Guidance is givenin the notes to Rule 2 at paragraph 15

“Whenconsidering the options available to the client (2.02(1)(b)), if the matterrelates to a dispute between your client and a third party, you should discuss whethermediation or some other alternative dispute resolution (ADR) procedure may bemore appropriate than litigation, arbitration or other formal processes. Theremay be costs sanctions if a party refuses ADR.

The CivilProcedure Rulesrepeat the obligation to consider ADR. Part of the courts management of thecase includes “encouraging the parties to use an alternative dispute resolutionprocedure if the court considers that appropriate and facilitating the use ofsuch procedure.” (Part 1.4 (2)(e)). Failure to even consider mediation can bepenalised with an adverse costs order under the courts powers in Part 44.5 (3)which states that when deciding the amount of costs to be awarded the courtmust consider the conduct of all the parties.

Andy

[AndyOrch]

The Solicitors’ Code of Conduct 2007 provides in Rule 2.02(1)(b) (ClientCare) an obligation on solicitors to “give the client a clear explanation ofthe issues involved and the options available to the client”. Guidance is givenin the notes to Rule 2 at paragraph 15

“Whenconsidering the options available to the client (2.02(1)(b)), if the matterrelates to a dispute between your client and a third party, you should discuss whethermediation or some other alternative dispute resolution (ADR) procedure may bemore appropriate than litigation, arbitration or other formal processes. Theremay be costs sanctions if a party refuses ADR.

The CivilProcedure Rulesrepeat the obligation to consider ADR. Part of the courts management of thecase includes “encouraging the parties to use an alternative dispute resolutionprocedure if the court considers that appropriate and facilitating the use ofsuch procedure.” (Part 1.4 (2)(e)). Failure to even consider mediation can bepenalised with an adverse costs order under the courts powers in Part 44.5 (3)which states that when deciding the amount of costs to be awarded the courtmust consider the conduct of all the parties.

Andy

[mani99]

Update: Mediation has been rescheduled as the claimant need to investigate why the NoA hasn't been sent. Also, they focused on a number of transactions on the account which I cannot remember and therefore need to check for. To be "helpful" they've kindly volunteered to send me all the statements from the account so I can see what the transactions are.

[simongee]

Hi Andyorch, The Mould, Ford, Mani99 or anyone else!

 

I wonder whether you can advise/help me.

 

I am fighting a claim by Cabot Financial and my case has been allocated to the fast track (despite the value being in excess of £10,000) for May 2012.

 

In the notice of allocation to the fast track, the judge orders that myself and the other parties prepare for trial as follows:

 

1. Allocation to Fast Track.

2. Standard disclosure by lists together with copies of the documents relied upon by each party by 12 January 2012.

3.Any requests for inspection of documents by 19 January 2012

4. Simultaneous exchange of witness statements by 23 February 2012

5. Listing questionnaires (Pre-Trial Checklists) by 3rd May 2012

 

At this stage, I am focused on Points 2 & 3 above. When I completed the Allocation Questionnaire I listed Draft Order for Directions. Can anyone advise me what I need to send to the court, in particular by their deadlines of 12th January 2012 & 19th January 2012?

 

I really appreciate your help and advice.

 

Kind regards

 

simongee

[mani99]

Hi Simon, Im afraid I wont be of much help as my knowledge in these matters is limited.

 

Update on my situation: Had another call from the mediation officer and we agreed on a settlement of around 10% of the balance owed. I would rather pay that than have the headache of a court case. Problem over.

[AndyOrch]

Hi Simon, Im afraid I wont be of much help as my knowledge in these matters is limited.

 

Update on my situation: Had another call from the mediation officer and we agreed on a settlement of around 10% of the balance owed. I would rather pay that than have the headache of a court case. Problem over.

 

Is that in full and final settlement Mani? Hope all your paperwork/offer is water tight?

 

Andy

[mani99]

Yep, that is full and final settlement. Im awaiting all the paper work and will double check everything.

 

Thanks all for the help and advice.

[Undercover-Elsa]

That's excellent news Mani! Must be a load off your mind. WEll done !!!

 

Elsa x

[simongee]

Well done Mani99. That must be a relief!

[mani99]

Thanks, and yes it's certainly a load of my mind... However, I still have this to deal with: http://www.consumeractiongroup.co.uk/forum/showthread.php?318406-MBNA-Claim-form-recieved....-advice-required.&p=3603528#post3603528