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Claim form DOB - legal requirement?


pizzadeal
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I have started a claim against a private individual and they have submitted an acknowledgement of service and intend to defend the claim.

 

They however left off their DOB on the form and the court still processed it. However, isn't it a legal requirement to provide this under PD16 paragraph 10.7?

 

It's on my understanding that the court shouldn't have accepted the acknowledgement without the defendants DOB?

 

Would this then make the acknowledgement invalid and what will my next steps be to make the court aware of this via MCOL?

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Unlikely that the court will strike out their AoS based on this flaw alone.

 

Write to the defendant, pointing out this error & inviting them to correct it, copying in the court.

If they THEN don't correct it : more chance the court will sanction them.

If they do correct it : more chance the court will look favourably on you if you make a procedural slip up later!

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It's pretty well completely irrelevant. If I were you I wouldn't even try to make an issue of it. You will give the impression that if you have to start fussing over such technicalities, that you can't have much of a case.

 

You will win or lose a case based on the facts you have presented in your claim and on the arguments that you used to support those facts if it goes to court

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