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Completed Directions Questionnaire not provided to the defendant

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  • Completed Directions Questionnaire not provided to the defendant

    Hello All,

    The claimant has recently provided a completed copy to the directions questions to the court but not to us.* We have chased them for this and they have said it was sent to us, I have pointed out that it has not arrived and asked for the proof of postage or tracking number and an additional copy to be provided again.

    They have refused on 2 occasions to provide either the proof or another copy. There response is why should we waste money on postage again, despite writing to me to say they have already sent it. (It would of been a lot easier to of just posted it again).

    The court was contacted via telephone, they have said there is nothing they can do and that if it proceeds to a hearing tell the judge. I followed this up with a 2nd call and someone else said write in and request for the claim to be struck out. I've done this and chased up with another call for them to say, we do not have the power to strike out for this reason and for you to just tell the judge on the day and that i can not ask a judge this beforehand as it needs to be in person.


    I have been told multiple things now. What is the correct thing to do?

    *
    Tags: None

  • #2
    tell the judge on the day if all else fails???
    *

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    • #3
      Originally posted by smith69 View Post
      What is the correct thing to do?
      First don't expect the claim to be struck out over deficient service of an N180 form, but you can raise it as unreasonable conduct at the hearing.
      COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

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