Hello,
I have recently advised the courts that the defendant in this case has failed file the DQ on me as per the courts direction twice now. The first instance was that he sent documents by email despite having never agreed this process with me.
Secondly after the court ordered him to send the DQ again he 'said' he brought this round by hand and delivered it and has a photo of the outside of my house to show this. I certainly didn't get it and advised him as such. I suggested the best way (as I am very rarely there) is to serve and send via recorded delivery so we can both be sure I have this document. He emailed and advised on the 17/09/2020 that he would send 'tracked" and file for service at the courts. Given it is now the 07/10/20202 and i STILL haven't had this, I raised an N244 to advise the courts as such requesting a hearing.
This has been granted and the orig case has been vacated.
What is my best stance at the N244 hearing. My expectation is that deadlines must be adhered to and this document (DQ) has been outstanding now for 3 months!!
Any help most welcome.
I have recently advised the courts that the defendant in this case has failed file the DQ on me as per the courts direction twice now. The first instance was that he sent documents by email despite having never agreed this process with me.
Secondly after the court ordered him to send the DQ again he 'said' he brought this round by hand and delivered it and has a photo of the outside of my house to show this. I certainly didn't get it and advised him as such. I suggested the best way (as I am very rarely there) is to serve and send via recorded delivery so we can both be sure I have this document. He emailed and advised on the 17/09/2020 that he would send 'tracked" and file for service at the courts. Given it is now the 07/10/20202 and i STILL haven't had this, I raised an N244 to advise the courts as such requesting a hearing.
This has been granted and the orig case has been vacated.
What is my best stance at the N244 hearing. My expectation is that deadlines must be adhered to and this document (DQ) has been outstanding now for 3 months!!
Any help most welcome.
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