Lowells - Directions Questionnaire

**nemesis45** · 23rd January 2018, 10:06:AM

Originally posted by ElliD View Post

Hello! I am helping out my other half with a claim he has received from Lowell, debt of around Ł900.00. I received a copy of Lowells DQ but i didn't receive one from the court as the MCOL website said it was sent. We will contact the court today regarding this but what does this DQ mean? Lowell have not provided any of the documents requested on the defence, and a CPR and a CCA had been requested. Any advice will be appreciated!

DQ is basically for a judge to lay down how the claim is to progress through the court.
nem

**ElliD** · 23rd January 2018, 10:56:AM

Originally posted by nemesis45 View Post

DQ is basically for a judge to lay down how the claim is to progress through the court.
nem

Thank you Nem! We will call the court and get these forms sorted. I will research more on how to fill it in the meantime.

**ElliD** · 23rd January 2018, 19:17:PM

Originally posted by nemesis45 View Post

DQ is basically for a judge to lay down how the claim is to progress through the court.
nem

Hi Nem! So we received the form via email. As of today we still have not received any replies to our CCA and CPR. Are you able to advise how we can fill our the DQ form? We of course don't want it to go to small claims, what is the best way moving forward? Thank you in advance!.

**warwick65** · 23rd January 2018, 21:01:PM

The DQ you received, is it from the court for you to fill in or is it a copy of Lowells?

You will need to fill it in, usually quite simple and send a copy to the court and a copy to the claimants solicitors

No need to worry, the DQ is just part of the normal process- even when Lowell have not sent you anything.

I received one even though Lowell went and lost the case so don't read anything negative into it.

**ElliD** · 24th January 2018, 07:04:AM

Oh i understand i have to return it, i am just asking how to fill it given the circumstances. It is directly from the court. But we do not want it to go to small claims. There has been no reply to the CCA and CPR requested.

If anyone has any advice, can i say that's the reason we don't want it to go to small claims? Thanks in advance.

**nemesis45** · 24th January 2018, 09:34:AM

Originally posted by ElliD View Post

Oh i understand i have to return it, i am just asking how to fill it given the circumstances. It is directly from the court. But we do not want it to go to small claims. There has been no reply to the CCA and CPR requested.

If anyone has any advice, can i say that's the reason we don't want it to go to small claims? Thanks in advance.

The court/judge decides on the answers given in the DQ what course a claim will take,.
What parts are giving you a problem?
Small claims track is less formal than the others.

nem

**ElliD** · 24th January 2018, 12:05:PM

Originally posted by nemesis45 View Post

The court/judge decides on the answers given in the DQ what course a claim will take,.
What parts are giving you a problem?
Small claims track is less formal than the others.

nem

Thank you Nem, I am just a bit wary to say it should go to small claims, I am happy with the mediation though. Should we just say yes to it going to small claims, then when we have the mediation call, tell them we haven't received any replies to our CCA and CPR?

**nemesis45** · 24th January 2018, 16:09:PM

Hi yes to mediation the court expects the parties to a claim to attempt resolution with out recourse to a hearing.
If you have not received the requested documents when mediation is due it's most likely that the mediator will decline to continue.
If this happens the claim will be allocated to your local court.

nem

**Diana M** · 25th January 2018, 13:03:PM

Originally posted by ElliD View Post

i am just asking how to fill it given the circumstances. It is directly from the court. But we do not want it to go to small claims. There has been no reply to the CCA and CPR requested.

If anyone has any advice, can i say that's the reason we don't want it to go to small claims?

The DQ is about court procedure not legal argument.

It asks questions such as "do you need an interpreter" so they can allocate an approved one if necessary.

It asks which is your local county court so if the case is transferred it will go to the court nearest to you (the Defendant).

It asks how many witnesses will be attending "including yourself" so put *1* in that box.

It ask your unavailability so enter dates where you know you might be on holiday, or work commitments, or hospital appointments etc.

It also asks if you agree that the claim should be allocated to the Small Claims Track. That is simply to decide whether you feel it should be allocated to the Fast Track (claims over Ł10k or with complex legal arguments) or Multi Track (claims over Ł25k). It doesn't mean are you happy to go to a court Trial/Hearing.

It's early days so complete the DQ and send it to the court NCCBC (copy to solicitors) by the deadline and then wait to see what happens next.

Di

Lowells - Directions Questionnaire