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Reconsidering schedule of deficiencies

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mousecheesetrap
Posted by
Junior Member

10 Jun 16 #479615 by mousecheesetrap

Topic started by mousecheesetrap

I attended an FDR and the schedule of deficiencies was refused by the DDJ despite there being a clear lack of disclosure.

I would like the schedule of deficiencies to be reconsidered because I will be at a massive disadvantage if the issues are left to cross examination at the FH.

I understand that I can put in a D11. Is it simply a case of stating that I want the schedule to be reconsidered because of the lack of disclosure or do I need to put in a more detailed argument?

Stanlaw
Premium Member

16 Jun 16 #479929 by Stanlaw

Reply from Stanlaw

Put in an application in a D11 (there will be a fee) and explain that you were unrepresented at the FDR and did not have an opportunity to fully explain the significance of your questions in your schedule. Attach the schedule to the application and in respect of each question explain why you need the disclosure in advance of final hearing and the relevance of the answer to your case.
I can''t guarantee this will work but it does have the advantage of giving you a bit more ammunition for an appeal if it is refused and the FH does not then go your way.

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