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Deficiencies

  • Under60
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12 Nov 17 #497589 by Under60
Topic started by Under60
Following on from an earlier post by someone else.....I have found out that the solicitor gives to the court a deficiency list for FDR.
I have not been shown that.
What exactly is it?
Is it a list of ex lies on form E and your proof to counteract?
Should you be shown it? As I have not?

  • .Charles
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13 Nov 17 #497593 by .Charles
Reply from .Charles
A schedule of deficiencies is a list of missing information arising from the replies to questionnaire. If those replies are deficient, a schedule of deficiencies is produced.

However, these schedules are not mandatory and not commonplace. When the schedule is produced it should first be served upon the recipient in order that they can respond. It would make no sense to send it to the court but not the recipient - particularly so before an FDR.

The FDR can only be effective if both parties are happy with disclosure. There is no point going to the FDR if you are unhappy with the disclosure if you have not given the other side a chance to answer the outstanding issues.

An example of question/answer, deficiency/response is:

Q. £10,000 was paid from the savings account on X date, please confirm the purpose of the payment.

A. The monies were used towards home improvements.

D. Please provide details of the home improvements.

R. £3,000 was used towards replacement windows in October 2016, £2,000 was used to carry out roofing repairs due to storm damages, £5,000 was used to replace the main bathroom which required renovation and had suffering water ingress due to the damages roof.

Are you sure you have read the other post correctly? Was it a deficiency list for FDR? There are a number of documents that should be prepared for the FDR but that is not one of them.

Charles

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