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Still no answers to questionnaire

  • littleproblems
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25 Nov 20 #514876 by littleproblems
Topic started by littleproblems
Our FDA is Dec 16th with the judge ordering that answers to questionnaires be submitted to each other and the court by today, November 25th. Ex never asked any questions of my form E, it was very straight forward but since he did not complete Form E properly or provide all required evidence, the questions I raised were plenty. If he still doesn't provide answers to my questions, what happens please? I am in no place to make any sensible offers to settle.



Thank you in advance

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25 Nov 20 #514878 by littleproblems
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Sorry, been doing a bit of research and reading on here....Do I submit a schedule of deficiencies if no answers are received by say, the end of the week?

Would it be worth my while trying to adjourn the FDR hearing as I don't have full disclosure?

Thanks all

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30 Nov 20 #514925 by AlanPartridge
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yes, send them a schedule of deficiencies and give them between 1 and 2 weeks to answer, they are also supposed to answer any questions directed by the judge from the first hearing All of this should be completed, and failure to do so will not work in their favour - I would say its an ill advised strategy. do you have a date yet for the FDR?

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01 Dec 20 #514943 by littleproblems
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I've sent a Schedule of Deficiencies as advised and asked to him respond within 7 days, our FDR is December 16th and I'd like to book an appointment with a solicitor before then so I don't think that was unreasonable given he has had plenty of opportunity to complete the form E correctly!

Just hoping the judge sees his obvious attempts at stalling/being awkward and this goes in my favour.

Thank you for your advice AlanPatridge, gratefully received.

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02 Dec 20 #514953 by AlanPartridge
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Is this FDA (the first appointment) or FDR (the second) on the 16th?
If its FDA the judge will give directions for him to get his act together, so I would let the judge take the strain..

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02 Dec 20 #514956 by littleproblems
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Sorry, its the FDR second appointment on the 16th. At the first appointment even though ex did not complete form E properly or provide me with evidence etc, the judge said not a word to him which angered me greatly.
I submitted my questionnaire, and ex gave some answers but not all and did not give all evidence required either...again, angered me and now I dont have much faith in the judge saying anything to him again at the next appointment.
I try and do things properly and within the law and people like him just think its a joke and take the mick, its unfair and not right.
I sent him a Schedule of Deficiencies yesterday, given him 7 days to get his response back to me. Then depending on whether or not he responds (and indeed how much he responds with) I'll have to quickly make an appointment with a solicitor to discuss the FDR a week later and hope that I have enough info to move forward in some way

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02 Dec 20 #514959 by AlanPartridge
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ok makes sense, is he represented? If not who is doing the bundle for the FDR? If he is represented it would normally be that solicitor, if not then I am not sure who would do it, it would likely be in the directions the judge sent at the FDA (?). At FDR the judge will give direction on what he/she expects would be the likely outcome of the case at final. Might be worth attending FDR and seeing what the judge says before you pay for advice. If the judge is leaning in your favour then all well and good, if not, and if you suspect that because of dishonesty on behalf of your ex that might be a good time to see a solicitor. I don't think it is in a judges best interest to make a decision at final if there are to many unanswered questions as you have a good reason then to appeal. The judge at final would be a different judge to the one at FDR. Just a thought...

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