Directions of Questionnaire

[Omo]

I need advice please assist me.

Below is claims status of a case with Lowell Portfolio Ltd.

After my defence of Statute Barred, Lowell Solicitor (not the court) wrote me proposing we move the case to small claim court.


What should be my best response? I am not sure what this means. Is there a time limit when I must respond?


Kind regards,




Claim Status A claim was issued against you on 26/09/2016


Your acknowledgment of service was submitted on 02/10/2016 at 10:58:10


Your acknowledgment of service was received on 03/10/2016 at 01:04:48


Your defence was submitted on 08/10/2016 at 09:23:50


Your defence was received on 10/10/2016 at 01:05:44


DQ filed by claimant on 02/11/2016

[Kati]

Re: Directions of Questionnaire

[MENTION=55034]nemesis45[/MENTION] ??

[nemesis45]

Re: Directions of Questionnaire

Hi,

Have you received a Directions Questionnaire from the court for you to fill in or a copy of the claimants DQ,

You must fill in your DQ and send a copy to the claimant and the court.

nem

[Omo]

Re: Directions of Questionnaire

Hi Nemesis45,

Thanks for your time.

No, not from the court but I received completed copy from the claimant.

Since I already put up Statute Barred defence, what should my response be to DQ, agree to it or not?

[nemesis45]

Re: Directions of Questionnaire

Hi Nemesis45,

Thanks for your time.

No, not from the court but I received completed copy from the claimant.

Since I already put up Statute Barred defence, what should my response be to DQ, agree to it or not?

So you have not had a DQ from the court so far?

I would ring the court today to say you have not had your DQ.

nem

[Omo]

Re: Directions of Questionnaire

So you have not had a DQ from the court so far?

I would ring the court today to say you have not had your DQ.

nem

I will do that.

When filling the form, do I accept to go to small claims court?

Is my initial defence not good enough?

Thanks

[nemesis45]

Re: Directions of Questionnaire

I will do that.

When filling the form, do I accept to go to small claims court?

Is my initial defence not good enough?

Thanks

Hi yes to mediation the court expects the parties to a claim to attempt resolution without recourse to a hearing, how ever if you don't have the documents to be able to enter into mediation the HMCTS mediator may decline to go forward.

I'll take a look at the defence.

nem

[nemesis45]

Re: Directions of Questionnaire

Hello Omo,
How detailed was your statute barred defence, did you provide any explanation for the debt being statute barred.

nem

[MIKE770]

Re: Directions of Questionnaire

[QUOTE=nemesis45;687706]Hi,

Have you received a Directions Questionnaire from the court for you to fill in or a copy of the claimants DQ,

You must fill in your DQ and send a copy to the claimant and the court.


Lately Lowells have been sending to defendant 1st class post copy DQ

[Omo]

Re: Directions of Questionnaire

Just received DQ today.

Lowell acknowledge my defence but disputing the dates.

Initial loan was 12/2005, defaulted 01/2009. They have requested documents from HBOS (Lender) to support their claim.

Do I accept to good to small claim court or reject it?

[nemesis45]

Re: Directions of Questionnaire

Just received DQ today.

Lowell acknowledge my defence but disputing the dates.

Initial loan was 12/2005, defaulted 01/2009. They have requested documents from HBOS (Lender) to support their claim.

Do I accept to good to small claim court or reject it?

Yes accept small claim track.

nem

[Diana M]

Re: Directions of Questionnaire

Below is claims status of a case with Lowell Portfolio Ltd.

After my defence of Statute Barred, Lowell Solicitor (not the court) wrote me proposing we move the case to small claim court.

What should be my best response? I am not sure what this means. Is there a time limit when I must respond?

What's this county court claim for Omo?

(You've not posted the Particulars of Claim on this thread.)

You say you've filed a Defence of Statute Barred but do/did you have any other legal arguments in case that one doesn't cut the mustard?

There's more to a SB Defence than the last payment date.

Did you send a CPR 31.14 Request to the solicitors asking for documents to be produced?

Did you send a s.77-79 CCA Request asking for the credit agreement if appropriate?

Di

[Diana M]

Re: Directions of Questionnaire

Lowell acknowledge my defence but disputing the dates.

Initial loan was 12/2005, defaulted 01/2009. They have requested documents from HBOS (Lender) to support their claim.

In what way have they disputed the dates?

Have they provided evidence of their dispute with proof of payment or is /was it a flat denial?

Di

[Omo]

Re: Directions of Questionnaire

Hi Di,
I did not send a CPR 31.14 or send a s.77-79 CCA.

They have not produced proof of last payment-their letter said they have requested documents from HBOS (Lender) to support their claim that my defence is not Statute Barred.

Can I still request/send CPR 31.14 and s.77-79 CCA though am just about to complete DQ?

[Diana M]

Re: Directions of Questionnaire

I did not send a CPR 31.14 or send a s.77-79 CCA.

Can I still request/send CPR 31.14 and s.77-79 CCA though am just about to complete DQ?

Yes you can. And yes you should send them pronto.

Better late than never

The difficulty with pleading Statute Barred only as a Defence is you don't have a Plan B if the court disagrees with you.

If the Claimant can come up with any evidence of a payment or other reason for the debt not to have been SB when the claim was issued, then there's a risk they'll go for a Summary Judgment which may mean the Defence is thrown out without you having had the opportunity to plead your other options.

Depending on what response you get from your CCA Request you may need to amend your Defence.

Have you sent a SAR to the original creditor (HBOS) so you can see the full history of the account? The loan term length and the DN date (if they served one before the loan expired but they don't have to after it's expired) may be relevant to any SB argument.

Di