Directions of Questionnaire

[Omo]

Re: Directions of Questionnaire

[QUOTE=MIKE770;687810]

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

I just received a copy DQ which I must return by 21/11/2016.

[Diana M]

Re: Directions of Questionnaire

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?

How much is the claim?

If it is over £10k it would be destined for allocation to the Fast Track. Was that letter from Lowells asking you to agree to have the claim dealt with in the Small Claims Court instead?

Or is the claim less than £10k?

Just received DQ today.

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

That depends on the size of the claim.

You can't reject a DQ outright, but you do have some say as to what you ask the court to do next.

Di

[Diana M]

Re: Directions of Questionnaire

I just received a copy DQ which I must return by 21/11/2016.

Note the deadline and don't miss it.

In the meantime get that CCA Request in the post asap.

When it comes to accepting or rejecting a Mediation appointment you'll be better prepared to make the decision when you have as much evidence as possible in your possession.

Di

[Omo]

Re: Directions of Questionnaire

Note the deadline and don't miss it.

In the meantime get that CCA Request in the post asap.

When it comes to accepting or rejecting a Mediation appointment you'll be better prepared to make the decision when you have as much evidence as possible in your possession.

Di

Di,
I posted/email the request to Lowell Portfolio Ltd and sent completed DQ by same.

Completed DQ posted to the court.

Thanks.

[Diana M]

Re: Directions of Questionnaire

I posted/email the request to Lowell Portfolio Ltd and sent completed DQ by same.

Completed DQ posted to the court.

I thought you only just received your DQ from the court today according to your post made less than an hour ago?

It'll be easier to offer help and support if you answer the questions raised on your thread about the amount of the claim, the term of the loan (in years/months), whether a default notice was served etc.

Di

[Omo]

Re: Directions of Questionnaire

I thought you only just received your DQ from the court today according to your post made less than an hour ago?

It'll be easier to offer help and support if you answer the questions raised on your thread about the amount of the claim, the term of the loan (in years/months), whether a default notice was served etc.

Di

Yes I received it yesterday and follow your suggestions straight away to fill the DQ form and send/requested CPR 31.14 from claimant (Lowell Portfolio Ltd).

The amount is less than £2000.

Must have miss the term I mentioned it in the early thread -

Initial loan was 7/12/2005, defaulted 14/01/2009.
They claim my last payment was 28/04/2011(I can't remember/I don't think so) in support of this claim, they have requested documents from HBOS(The Lender).

I agreed to small claims court.

Demanded from Lowell
1. Agreement / Contact
2. Default Notice
3. Assignment
4. Formal Demand

[MIKE770]

Re: Directions of Questionnaire

Ask for proof of the alledged payment i.e. How paid/by whom/ cheque/cash/postal order/drawn on/ date etc

[Omo]

Re: Directions of Questionnaire

Ask for proof of the alledged payment i.e. How paid/by whom/ cheque/cash/postal order/drawn on/ date etc

Apparently, they have requested this document (proof of payment) from HBOS. I am waiting to hear from Lowell.

Thanks.

[MIKE770]

Re: Directions of Questionnaire

reiterate you require the alleged payment details, they may just ask for minor info send separate letter to Lowells just asking for this information, as well i.e. they have stated a date of an alledged payment if you do not have any reference to this sum , challenge them to furnish the details in relation to this p[possible Phantom payment?

[Omo]

Re: Directions of Questionnaire

Invitation to Mediate received.

I have not replied because Lowell has not sent the documents I demand for my defence.

I sent Lowell reminder of my request for :

1. Agreement / Contact
2. Default Notice
3. Assignment
4. Formal Demand

and I need proof of the alleged payment i.e. How paid/by whom/ cheque/cash/postal order/drawn on.

[MIKE770]

Re: Directions of Questionnaire

never remind them they know they are in default, mediation will ask if you have the documents needed when you say no they will state not suitable for mediation and pass case back to court,

[Omo]

Re: Directions of Questionnaire

never remind them they know they are in default, mediation will ask if you have the documents needed when you say no they will state not suitable for mediation and pass case back to court,

I give Lowell till Friday to respond before I reply to Mediation invite.

[MIKE770]

Re: Directions of Questionnaire

look just go on to mediation or you may miss out on opportunity to show lowells for what they are, they play silly idiots to us all

[charitynjw]

Re: Directions of Questionnaire

Can you confirm that you sent the CCA request + £1 fee to Lowell Portfolio, & that you sent the CPR request to Lowell Solicitors.
& that you obtained proof of posting for both.

[Omo]

Re: Directions of Questionnaire

If Lowell does not provide the information I demanded on 10/11/2016 by Monday 21/11/2016 should I respond to mediation then or should I respond now while waiting?