Help with a civil claim please...

[Hammy0107]

I am in the process of making a claim through the small claims court. I have realised today that although I filed at court I failed to serve the directions questionnaire on the defendant. The defendants lawyers are writing to the courts to get the claim struck off. I am not represented and it was a genuine error on my part. Where do I stand and what should I be doing?? Today was the last day to file / serve?

Thanks in advance.

[R0b]

Re: Help with a civil claim please...

Serve it tomorrow on the defendants, it is a minor error and the delay in serving it on them is only 1 day out. I would be surprised if the court strikes it out on that basis but if you are going to be make a claim be sure to stick to the deadlines as you will get caught out. If it's struck out then you will need to apply for relief from the court to overturn it. It's unlikely that it should get struck out however if you argue a genuine mistake and you served it immediately the next day so there was minimal delay.

[Hammy0107]

Re: Help with a civil claim please...

Thanks R0b. I must have had a brain freeze on the day as I've not kept a copy of the completed questionnaire. What is the quickest way of me getting another one?

[R0b]

Re: Help with a civil claim please...

http://s3-eu-west-1.amazonaws.com/hm...r/n180-eng.pdf

PDF above you can fill in the boxes and press print at the bottom or the Word version attached below

[Hammy0107]

Re: Help with a civil claim please...

Thanks again R0b, you are a star. Being cheeky but don't suppose you can help with my other question re evidence???

[CLL1]

Re: Help with a civil claim please...

All that happens is the Court sends an unless order, giving you a further 7 days to file and serve.

Your claim won't be struck out (not for that, anyway).