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Afternoon
Last year around march/april 2023 I had to file and serve the direction questionnaire. I received the defendants direction questionnaire via email only (several months later I did received their copy via post.)
Roll on almost 12 months later and its February 2024 and I received a letter from the court advising that the defendant had failed to file and serve a completed direction questionnaire and must do so by a certain date or their defence would be struck out if they fail to comply with the court order (i was confused as the defendant has legal representation and I had already seen their direction questionnaire).
4 days after the deadline I rang the court who said the defendant had filed the direction questionnaire within the time stated in the order.
This week I received a letter stating "UPON considering the file and noting the defendant has not filed a completed direction questionnaire in breach of order dated xx xx xxxx it is ordered that 1: the defendants defence be struck out 2: the claimant is entitled to apply for judgement in default.
I rang the court and was told that the direction questionnaire had indeed being filed but the judge had noted that the defense be struck out.
Could not crossing out the irrelevant boxes under the signature class the direction questionnaire as being incomplete? as I am confused as to why the judge would strike out there defence.
Thankyou
Last year around march/april 2023 I had to file and serve the direction questionnaire. I received the defendants direction questionnaire via email only (several months later I did received their copy via post.)
Roll on almost 12 months later and its February 2024 and I received a letter from the court advising that the defendant had failed to file and serve a completed direction questionnaire and must do so by a certain date or their defence would be struck out if they fail to comply with the court order (i was confused as the defendant has legal representation and I had already seen their direction questionnaire).
4 days after the deadline I rang the court who said the defendant had filed the direction questionnaire within the time stated in the order.
This week I received a letter stating "UPON considering the file and noting the defendant has not filed a completed direction questionnaire in breach of order dated xx xx xxxx it is ordered that 1: the defendants defence be struck out 2: the claimant is entitled to apply for judgement in default.
I rang the court and was told that the direction questionnaire had indeed being filed but the judge had noted that the defense be struck out.
Could not crossing out the irrelevant boxes under the signature class the direction questionnaire as being incomplete? as I am confused as to why the judge would strike out there defence.
Thankyou
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