Lowells - Directions Questionnaire

[ElliD]

Hello! I am helping out my other half with a claim he has received from Lowell, debt of around £900.00. 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!

[nemesis45]

Hello! I am helping out my other half with a claim he has received from Lowell, debt of around £900.00. 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]

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]

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]

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]

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]

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]

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]

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]

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 £10k or with complex legal arguments) or Multi Track (claims over £25k). 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