Allocation Questionnaire - please help!

[geth76]

I have submitted a defence to the court regarding a debt that I believe to be statute barred. This morning I have received a copy of my defence along with an Allocation Questionnaire that needs to be returned by 28th Feb. I don't understand most of it (other than I don't need to pay the £200 fee as that is for the claimant to pay). I don't know how to answer the question asking if I want to attempt settle the claim at this stage. I don't intend settling in terms of paying the claim as I believe it to be statute barred - not sure if this means I just answer no and put an explanation in the box.

I also have to answer if I have complied with pre-action protocols, which again I have no idea about.

Do I just put myself down as a witness or should I put the claimant down too as it was during the set aside hearing that they confirmed no payment or acknowledgement of debt had been made within a six year period?

No idea which track I'm supposed to tick - small claims, fast track or multi-track. The claim is over £5000.

What are proposed directions?

Sorry for all the questions but I'm trying to get through this by myself.

Given the fact the judgement was set aside last month, do you think it likely the claimant continue with the claim (Student Loans Company)?

Many thanks for any advice - it is hugely appreciated.

[Amethyst]

Re: Allocation Questionnaire - please help!

Was the student loan taken out before 1998 ? I presume so as it has been set aside due to your argument about statute barring.

What are the Claimants arguments for continuing with the claim ?


Witnesses you leave blank as you are one automatically...say No to attempt to settle

Preaction protocols - well it was a defence so you can ignore that, its more for claimants re did they write to you first before making the claim etc.

I'd tick small claims, they will decide later on if it needs to go fast track but it should be quite simple really.

[geth76]

Re: Allocation Questionnaire - please help!

thank you - yes it's pre 1998 hence the statute barred etc

I haven't heard from the claimant since the set aside hearing so have no idea what their thoughts/plans are - wish I did! I'm nervous about defending this as I know it comes with risks such as additional costs etc but having had the original judgement set aside when the SLC representative admitted that no payment/acknowledgement of debt had been made within a six year period I hope that it means I have a good defence.

Just so many hoops to jump through that I don't really understand!

Thanks so much for your reply.