1. ALLOCATION QUESTIONNAIRE N150 (edit to suit)
Have you sent a copy of this completed form to the other party Yes
A. SETTLEMENT
For All
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?
Yes/No ?
Reasons: Without production of the requested documents, I am at a disadvantage and am unable to negotiate a settlement without the full facts.
B. LOCATON OF TRIAL
Is there any reason why your claim needs to be heard at a particular court? NO
C. PRE-ACTION PROTOCOLS
You are expected to comply with the relevant pre-action protocol.
Have you done so? No
If No, explain why?
This case is not covered by any approved protocol; I have tried to act reasonably in exchanging information and documents relevant to the claim but have had no response from the claimant in this regard.
D. CASE MANAGEMENT INFORMATION
What amount of the claim is in dispute? £XXXXXXXX
Applications
Have you made any application(s) in this claim? NO
Witnesses
Xx xxxxx All the facts in the case
Experts No
TrackFast Track
If you have indicated a track which would not be the normal track for the claim, please give a brief reason for your choice:
Its is respectfully requested this case be allocated to the Fast Track, it is a straight forward case and is easily resolved on production of the required documentation by the claimant, should the claimant not have the documentation required to progress this case I suggest that there will be no case to answer.
E TRIAL OR FINAL HEARING
How long do you estimate the trial or final hearing will take? 4 Hours
Are there any days when you, an expert or an essential witness will not be able to attend court for the trial or hearing? YES
Xxxx xxxxx 1st – xxxxxxx Inclusive.If applicable
F PROPOSED DIRECTIONS
Have you attached a list of the directions you think appropriate for the management of the claim? Yes
If Yes, have they been agreed with the other party? NO
G COSTS
Leave blank
H Fee
I OTHER INFORMATION
Have you attached documents to this questionnaire? YES
Have you sent these documents to the other partyYES
If Yes, when did they receive them?
Do you intend to make any applications in the immediate future?YES
If Yes, what for?
An order seeking the Claimants compliance with information previously requested.
In the space below, set out any other information you consider will help the judge to manage the claim.
If the court is in agreement, the defendant respectfully requests that special directions may be given as per the attached draft order.
The defendant proposes these directions in mind of the Overriding Objectives, and in particular the duty of the parties to help the court further them. The issues outlined below are the crux upon which this claim rests, and the proposed directions identify these issues and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously;
without production of the requested documents, I am at a disadvantage and am unable to serve a proper defence. Failure of the claimant to supply the requested documentation will make the case much harder for the court to deal with as without production of the requested documentation will inhibit the courts ability to deal with the case
Its is respectfully requested this case be allocated to the Fast Track, it is a straight forward case and is easily resolved on production of the required documentation by the claimant, should the claimant not have the documentation required to progress this case I suggest that there will be no case to answer.
Therefore it stands to reason that this document must be disclosed before this case can progress any further.
___________________
DRAFT ORDER FOR DIRECTIONS
In the ************* county court
Claim number **********
Between
************* - Claimant
and
xxxxxxxxxx - Defendant
Draft Order for Directions
The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:
o Copies of the Credit Agreement and any documents referred to within it which complies with the consumer Credit Act 1974 and all subsequent regulations, which the claimant seeks to rely upon.
o Default Notice compliant with s87 (1) Consumer Credit Act 1974 and Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) as amended,
o Document, contract or deed of assignment
o Notice of assignment, with proof of service of the same compliant with s196 of the Law of Property Act 1925.
o Copies of any statement or other document relied upon
If the Claimant fails to comply with this order, the claim will be struck out without further order.
The Defendant shall within 14 days thereafter file and serve the following
o An amended defence sufficiently particularised in response to the documents supplied by the claimant.
If the Defendant fails to comply with this order, the Defence will be struck out without further order.