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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Is it essential that a copy of the Small Claims Directions

Resolved Question:

Is it essential that a copy of the Small Claims Directions Questionnaire is sent to the defendant?
Submitted: 6 months ago.
Category: Law
Expert:  Ben Jones replied 6 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 6 months ago.

Please can you provide a brief background on the nature of the claim so that I can advise? Thank you

Customer: replied 6 months ago.
We had building works carried out firstly roofing with rendering of the whole house added before the roofing was completed. The builder advised us if we did the rendering whilst the scaffolding was still up we would not have to pay again, saving money in the long term. Everything was satisfactory apart from the finish of the rendering that after a few weeks looked patchy and uneven in areas. We were also left with the render material spattered over window, door frames and external light fittings. We initially asked the builder to return and re do the bad areas. Whilst waiting I did get another plasterer to look at the works to advise me of the correct way of doing the work. He did not use the application method because of the mess and quoted between £5k to redo the whole house. We had paid £18k for the works. I called the contractor who carried out the works, who told me he had been paid £4k for the job and was told to do the job in the cheapest way as I wouldn't notice. I decided to claim £5k back from the builder through small claims court. I am at the stage where I have completed and returned The Small Claims Directions Questionnaire today. It states to serve copies on all parties, and that is what I am not keen to do and wondering if this is essential?
Expert:  Ben Jones replied 6 months ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 6 months ago.

Many thanks for your patience. It is a requirement to send a copy of the directions questionnaire to all other parties. Failure to do so would be a breach of the Civil Procedure Rules and you should avoid doing so a it can affect your claim and the impression the court forms about you. If you have specific reasons for not wishing to send a copy to the other side then you should ask for the court’s permission not to do so. It would require writing to them, explaining the reasons why you are not willing to send it and ask them to order that this is acceptable. Only refuse to send the copy to the other side with the court’s permission.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46196
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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Customer: replied 6 months ago.
Thank you. Reply understood and copy sent to the defendant.
Expert:  Ben Jones replied 6 months ago.

you are welcome, all the best

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