Allocation Questionnaire (claims court)

[h4r00n]

Hi

I recently started a claim and the defendant has now filed a defence. I received the 'allocation questionnaire' through the post this morning. I thought there were no more fees to pay but looks like I have to pay a further £200!

When do I submit my proof and evidence for my claim? Is it with the allocation questionnaire or further along in the process?

Also what is the next stage one I have completed and sent the form off?

Thanks

 

[Clarkmans]

Hi

After the AQ is filed the court will then order directions and will tell you when to send in your documents and witness statements. You do not need to send this yet.

How much is your claim for? Unfortunately there are more court fees to come! I will tell you how much these are when you confirm the value of the claim.

Clare

 

[The Legal Mango Team]

Hi,

Here's a link to a leaflet with all of the information you'll need about court fees and when they have to be paid: http://www.hmcourts-service.gov.uk/courtfinder/forms/ex50_e.pdf

 

[Richie N]

Yeah unfortunately more fees to come with the court hearing fee next. Try and get mediation if you can.

 

[h4r00n]

If I win the case will the defendant pay all the fees which I have paid?

 

[h4r00n]

The claim is for £7400

 

[LawHound]

If I win the case will the defendant pay all the fees which I have paid?

If you win the costs of the court fees will normally be added to the debt but you really do need to take some legal advice on your claim as it is not in the small claims court. This means if you make errors in presenting your claim, forgive the comment but not understanding the process means this is highly likely, you are at risk of costs too.

 

[Clarkmans]

As your claim is for £7400 the next court fee will be a listing fee of £100 and a trial fee of £500. These are payable shortly before trial.

If you win you will be entitled to recover all the court fees and your legal costs so can be worthwhile using a solicitor if you've got a strong case.

If you lose you will have to pay the defendant's costs. If they're using a solicitor potentially these could be more than the sum you are claiming.

If their defence is weak then an application for summary judgment might be appropriate to avoid trial. This will incur a court fee of £75. Not something I'd recommend you draft yourself as if you lose you'll have to pay the defendant's costs however it might be worth consulting a solicitor as it is likely to be cheaper to pay the application fee and legal costs for the application than go to trial and pay the trial fee.

I'm happy to look over the defence free of charge and give you a bit of advice on the best way forward.

Clare