The debt recovery claimant receives various documents from the court

Documents received by the claimant

Shortly after a defence has been filed the court will send the following documents to the claimant:

Notice that a (Defence) (Counterclaim) has been filed
Allocation questionnaire
Notes for completing an allocation questionnaire

An allocation questionnaire and notes for completing an allocation questionnaire are also sent to the defendant. If the defendant has made a counterclaim, the claimant must file a copy of his defence to this with the completed questionnaire.

The prime purpose of the allocation questionnaire is to provide information to help allocate the case to the most suitable of the three tracks. This allocation is a matter for the court but the following is an outline of the three tracks:

The small claims track

This is for claims with a maximum value of British Pounds 5,000 and it is therefore used exclusively in the county court. It is intended for cases that do not raise complex issues of law or fact. Most cases for amounts up to British Pounds 5,000 are allocated to the small claims track, but not all of them. Cases not falling within the guidelines may be allocated to one of the other two tracks.

The fast track

This is mainly for claims with a value of more than British Pounds 5,000 but not more than British Pounds 15,000 and therefore, like the small claims track, it is used exclusively in the county court. It is primarily for claims within these limits that do not raise issues or law or fact so complex that allocation to the multi-track is appropriate. Furthermore, the fast track is intended for cases not expected to take more than one day in court. One day is for this purpose defined as five hours.

The multi-track

This is for all claims above British Pounds 15,000 and for claims up to British Pounds 15,000 that have features making them suitable for this track. All High Court cases are multitrack cases and some county court cases are too.

The small claims track leads to what is sometimes known as the small claims court. Standard directions will probably be given to the parties. Proceedings are likely to be informal and the strict rules of evidence (at the judge's discretion) do not apply. The fast track endeavours to provide a streamlined procedure suitable for the less complex cases.

The aim is to ensure that the costs are proportionate to the amount in dispute. Standard directions will be given and there will be minimum case management intervention by the court. The multi-track is intended for the more complex cases and those involving a higher amount. It does not provide standard procedures. Instead it will proceed in a way that is appropriate to each individual case.

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