Directions questionnaire (Small claims track) after defended court claim

[jojojo]

Hi all

I have received a letter from Lowell solicitors this morning. Attached is a copy of a Directions questionnaire (Small claims track)

This is for a £400 debt that I know is statute barred - It dropped off my credit file a few months ago. It was for a Next catalogue debt.

I assume I will get another copy from the court, What do I do when I get this, I assume I have to go to court for mediation. Is that right. Just wondering what I do now.

Thanks

[Amethyst]

Re: Directions questionnaire (Small claims track)

Yes you should get one from the court.once you've completed it and sent it back and you should get a mediation appointment this is done by telephone rather than at court. If you haven't had the documents by that point you can tell the mediator and it won't Go ahead.

[jojojo]

Re: Directions questionnaire (Small claims track)

By documents do you mean I should send off for the usual things - ie prove it letters?

Thank you for your help.

[jojojo]

Re: Directions questionnaire (Small claims track)

I have recieved a notice of proposed allocation to the small claims track this morning with the N180.

There is no information in there about the debt, not even the amount. Just the name Lowell Portfolio I Ltd

Do I need to write and ask for details of the debt. so that I have evidence during the hearing? I know this is statute barred.

Thanks

[jojojo]

Re: Directions questionnaire (Small claims track)

Okay so now I have realised this is the claim I defended earlier this year - the thread is here

http://legalbeagles.info/forums/show...ase&highlight=

I heard nothing after submitting my defence and have still not recieved all of the documents I originally asked for - So why am I hearing about this again now? Surely they cant proceed further with this? Thanks

[jojojo]

Re: Directions questionnaire (Small claims track) after defended court claim

Any ideas on this please.

Thanks

[Amethyst]

Re: Directions questionnaire (Small claims track)

I think you should give the court a call tomorrow and ask about the status of the claim as it should be 'stayed' due to the claimants not responding to the court - we know Lowell have been sending out DQ's before the court - but with a stayed claim they should have applied to court to lift the stay before proceeding with any directions. I'm wondering if this is their attempt to circumvent that process. So ask the court if it was stayed and how the stay was lifted without Lowell applying. Other than that just fill in the DQ and send it back in and cc a copy to the claimant.

Of course the court could just be running terribly behind but you defended this back in May so it should have been stayed.

[jojojo]

Re: Directions questionnaire (Small claims track) after defended court claim

Hi Amethyst

Thanks for your reply.I have just spoken to the court and they say the stay has been lifted but they said there are no notes as to why.

She said the only time in this case they would lift the stay is when the solicitor can provide proof that they did respond to the defence. She has put a query on the account to find out why I wasn't notified of the stay being lifted and why it has been lifted.

She advised me that I still had to complete the directions questionnaire but doesn't agreeing to mediation mean I am willing to bargain with them? I am not I still wish to defend as it is statute barred and I still haven't received a credit agreement, default notice or anything else of them.

Starting to stress slightly.

[jojojo]

Re: Directions questionnaire (Small claims track) after defended court claim

I have to return the directions questionnaire by the start of October - So given that I have already defended and somehow the stay has been lifted should I answer as follows. Do you think its okay?

Do you agree to this case being referred to the small claims mediation service? NO (as I have defended the claim and dont believe mediation is needed as the debt is statute barred and they have not provided me with credit agreement, default notice etc)

Do you agree that the small claims track is the appropriate track for this case? NO (same as above)

I will include a copy of my defence (as per my original post) And add to it that I have heard nothing from them since I submitted my defence