Directions questionnaire with no documents provided

[Rgy3250]

Hi

I received a court claim from PRA group and wrote back with the CCA/CPR forms asking for documents. Nothing was received and I presumed that was the end of it.

Months later, I’ve now had a letter from the court to say that I didn’t respond to the directions questionnaire and if I don’t submit it within 7 days, I won’t be able to defend my claim and judgement will be entered. The form was only received yesterday but I was away overnight and have only just picked it up. It gave 7 days for the date of service (the date on the letter was 6th September) so I don’t know where it has been or if I’ve missed the date. Does the date of service differ from the letter date?

I have printed out the questionnaire but as PRA group couldn’t provide the documents I requested, do I agree to mediation and if so, how do I mediate if they contact me for this when I have nothing to go on?

I’m in a huge panic with the deadline and couldn’t find anything online to answer the above. Any help would be hugely appreciated and help me to sleep tonight as I think I am going to be awake worrying otherwise.

Thank you.

[Pezza54]

Hi
One of the conditions of mediation is that a party does not require any further evidence to start mediation. However, it will be a couple of months after you return the DQ before you get notice of the date set for mediation. So you have plenty of time to chase the claimant again for the evidence you need.
Complete the DQ, agree to mediation, attach it to an email, and send the email to the court. State on your email that you have requested further evidence from the claimant and will not be able to participate in mediation until you receive this evidence.
You should also provide on your email your excuse why the DQ has been filed late.
Send a copy of the email and DQ to the claimant.

[Rgy3250]

Hi,

I emailed the Directions Questionnaire over last month as directed. A copy was also sent to the claimant but we still haven’t received the documents requested. I’ve had an email from the court to set a date for the hearing and it’s only just over a week away. It says we shouldn’t accept it if we haven’t been provided with sufficient info by the claimant but will we lose the opportunity for mediation in the future or be penalised in some way if we don’t agree? I don’t want to look like we’re being difficult by refusing it. Any guidance on where we go, would be helpful. I’m assuming the claimant cannot provide the required documents and this is why we haven’t received anything.

[Pezza54]

Did you complete DQ form N180? Has your case been provisionally allocated to the small claims track?
Do you mean the small claims track mediation provided by the court has been booked and not the final hearing?
No point in mediation taking place after the hearing.
Accept the mediation date if you are prepared to compromise on the claim

[atticus]

In mediation, it is helpful to be able to get your case across, before you start exploring possible compromises. If the claimant is struggling to provide the evidence it would need to produce in order to succeed, is that really your problem?

[MIKE770]

They will ask have you all necessary documents to proceed if no no mediation

[Rgy3250]

Hi, following on from my earlier post, the court has written back to say as I didn’t have the required info, the mediation isn’t the right option so they are sending it to my local court. Does this mean that I will now have to attend court to give evidence or something? With the mediation, I was intending to give permission for my husband to do this on my behalf as he will stay calm, whereas my mental health isn’t good and it would really stress me out at the moment. I’m quite worried now that I’m going to be called to court. It is frustrating as mediation wasn’t possible because they can’t provide the documentation, so I thought it would just be stayed. I don’t understand why it would still proceed to court when I haven’t received the necessary documents. I thought that meant it was unenforceable?!

[atticus]

Does this mean that I will now have to attend court to give evidence or something?

Yes. Probably attend court rather than something.

You will have to tell the court that you understand that without documents to prove its case the claimant cannot succeed and the claim must be rejected.

Cases proceed to court so that judges can decide. That is what the court system is for.

[des8]

If it does go to court and is small claims track, as long as you are present, your husband can represent you as a Lay Representative as per The Lay Representatives (Rights of Audience) Order 1999
https://www.legislation.gov.uk/uksi/1999/1225/made

[Rgy3250]

Hello. Today I’ve had a General Form of Judgement or Order but with no accompanying info on what it’s for or what it means. It says:

Before District Judge xxxxx sitting at (my local County Court).

It is ordered that the claimant is to file and serve a reply to the Defence by 2pm on 16th February 2024.

Does this mean I have to attend court or they’re being asked why they haven’t provided the info I requested? The back story is that I requested all the info on my debt several times and received nothing, mediation was offered but had to be refused as I still hadn’t received the info and the email back from court said remediation wasn’t suitable. They said they were forwarding the case to my local court, which they have done.

I get really anxious when I don’t understand what’s happening so if anyone could give me an idea of the next steps, that would be really helpful. Am I right in thinking that if they have not provided the documents I requested, the Judge will not allow them to proceed with the judgement?

Is it likely that I will be called to court after this?

Thank you

[echat11]

a) It is ordered that the claimant is to file and serve a reply to the Defence by 2pm on 16th February 2024.

You are not the Claimant so need to do nothing at the moment, except check the documents you have received.

b) Does this mean I have to attend court or they’re being asked why they haven’t provided the info I requested?

The Judge has ordered them to respond to your Defence.

c) I get really anxious when I don’t understand what’s happening so if anyone could give me an idea of the next steps, that would be really helpful. Am I right in thinking that if they have not provided the documents I requested, the Judge will not allow them to proceed with the judgement? Is it likely that I will be called to court after this?

Read the response on your other thread.