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Claimant not sent through evidence / documents - can I get case dismissed

2 replies

Sugarintheplum · 12/03/2021 11:38

Hi All,

I am the Defendant in a case. The Claimant is really chancing it (imo anyway, I really haven't done anything wrong). She has not sent through to me the Directions Questionnaire, and with just 7 days to go to the hearing she has not sent me any documents that she will rely on in court to support her case.

I wonder whether it is possible for me to ask for the case to be dismissed. At this point I really don't know what I should be defending!

If I can ask to have it dismissed, do I wrote to the judge or is there a form I should fill out? I have tried calling the court for a few days now - no answer at all. Hung on for half an hour each time. I tried emailing - no response. I've looked online and can't find anything, so I come here having tried all else.

I'd much prefer not to go to court during covid lockdown to defend something I really think is spurious and less than £1k.

Thanks!

OP posts:
EdithDickie · 14/03/2021 02:57

Do you have a Direction for the DQs to be filed and served? If so and it's not done by then the court will usually make an "unless" order saying if it's not done by a certain time then the defaulting party will have their case struck out.

Whattodoffs · 01/04/2021 06:26

If a direction has not been complied with the court will deal with it - usually as PP poster said, with an unless order. If they still do not comply then thr case can be struck out by the court.
You are of course allowed to make an application for thr case to be struck out yourself

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