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It’s unlikely that the claim would be struck out for failing to file a Directions Questionnaire. What would happen is that the court would make directions of its own volition. It’s more important that the claimant files the questionnaire than the defendant.
You could always write to the defendant and say that unless you receive the direction questionnaire by a particular date, you will fly to court to have the claim struck out and if that fails, then you could make the application but it’s more likely that the court would make an order that unless it was filed by a certain date it would be struck out. I still think it’s unlikely.
There is not that much on a directions questionnaire and hence, it’s unlikely that the court would think that you would put to such disadvantage that it would prejudice your case.
By all means make the application but don’t bank on it succeeding. Sorry.
Can I clarify anything for you?
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Thanks for coming back to me.
Should I write to the court to tell them or should write directly to the defendant?
Does applying for her defence to be struck out cost money?
The application for the defence to be struck out is £55 of the top of my head.
You should write to the defendant until the defendant that unless the DQ is returned to you in the court by a particular date, you will be applying to court to have that claim struck out.
Copy the court in the letter, “for information only”.