Small Claims Court

[George38]

Not sure where to post this question.I was recently sued by a former tenant of mine who trashed the house but demanded his deposit money back. I filed a defence and yesterday received what appears to be a judgement. It says "It is ordered that the defendant (me) files allocation questionnaire by 23 may 2006 the defence is struck out without any further order of the court". I can't tell whether this means I've won or not. Any ideas?

[raysparx]

george,I think you have to hope that Buenchico (chris)

reads this because he will be able to tell you exactly what it means, good luck, Ray

[NORMANTHEDOG]

george,why dont you phone the court and ask them what it means.its a bit late if you wait for answers on here,its the 22nd today

[kempie]

I am no expert but...

it appears that a Judge has yet to allocate the case to the appropriate track - the small claims track,
the fast track, or the multi-track - and requires your completed questionnaire for this to be done.

It also appears that without your completed questionnaire your defence will be thrown out.

http://www.hmcourts-service.gov.uk/infoabout/claims/dispute/allocation.htm

[kempie]

This text from the guidance notes for completing the Allocation Questionnaire:

"If you fail to return the allocation questionnaire by the date given, the judge may make an order that leads to your claim or defence being �struck out�: this means you could not proceed with it. Alternatively the judge may order an allocation hearing at which the judge can order any party who has not filed their questionnaire to pay, immediately, the costs of that hearing."

[123paul]

You haven not one or lost, you haven't had your trial yet!

The court allocates cases to one of 3 diff tracks; to help it make it decision as to where to allocate it asks the parties some questions. To ensure you answer it puts the threat of having your defence struck out (when you will effectively lose!) if you dont.

Just answer the questions & return the form to the court by the date shown. simple.

[George38]

Thanks to all who answered. I contacted the court this morning because I had previously submitted the form concerned. It would seem that they had lost it in transit to new court premises. I collected a duplicate from them and resubmitted it, so now should be OK. Thanks again, you've saved me a lot of hassle!!