Court Claim issued, Storm Doris now damaged van UPDATE

[des8]

Re: Court Claim issued, Storm Doris now damaged van UPDATE

No to expert witness, and for witnesses attending 1

The witnesses do not have to be present if they have given a witness statement.
It does mean they can't be questioned and the court have to decide how much reliance can be placed on their testimony.
In this case tho' it is quite straight forward and I can't see any reason for needing them.
The case is quite simple.

[fandabby]

Re: Court Claim issued, Storm Doris now damaged van UPDATE

Ok des8 thanks.

So in my witness statement I bring their witness statements in when giving points and saying .. exhibit x etc.

I have started on this already so once I have it completed will post this too.


Back to this questionnaire, I send original to court address, copy for me and copy I post to Trader? Should I use recorded post for both ?

thanks

[ploddertom]

Re: Court Claim issued, Storm Doris now damaged van UPDATE

Wrong thread

[des8]

Re: Court Claim issued, Storm Doris now damaged van UPDATE

[MENTION=26498]ploddertom[/MENTION] ..... ?wrong thread lol

[ploddertom]

Re: Court Claim issued, Storm Doris now damaged van UPDATE

@ploddertom ..... ?wrong thread lol

Friday morning syndrome!

[des8]

Re: Court Claim issued, Storm Doris now damaged van UPDATE

No need to use recorded post for sending DQs

You will receive further directions from the court instructing you about sending documents .
At this point you will list the documents you are relying on, which will include the WS & report from DEKRA and your OH's WS

[fandabby]

Re: Court Claim issued, Storm Doris now damaged van UPDATE

Many thanks.

Will get this sent and continue with my witness statement and get the other 2 as well.

I have already started mine, so is it best to copy and paste here when finished for advice or upload the actual Word document. ?

Appreciate your help and guidance.

- - - Updated - - -

I read the Small Claims takes up to 6 months for a date, how quickly can dates be set in advance, just curious as to my timescales for getting organised. thanks

[fandabby]

Re: Court Claim issued, Storm Doris now damaged van UPDATE

Hi, I have finished my witness statement, can I upload to ensure the format and it reads well please - it's 9 pages long?

Also, the statements for engineer and OH to complete, do they have to follow the same format as mine? They are not the claimant so not sure, or is it this is me, address and for engineer I have inspected said vehicle on instruction and this is attached and for OH he lists his communication with trader and finish it by saying " 'I believe that the facts stated in this witness statement are true ".

Want to get organised and ensure they are presented correctly.

Many thanks

[des8]

Re: Court Claim issued, Storm Doris now damaged van UPDATE

Post up all of them when ready!

[fandabby]

Re: Court Claim issued, Storm Doris now damaged van UPDATE

Thanks des8

For engineer and OH do they put there name and address, points they need to make, sign and date?

[des8]

Re: Court Claim issued, Storm Doris now damaged van UPDATE

A witness statement should clearly identify the particular case and party to which it relates. The top left hand corner should give the name of the court where the case is to be heard. The top right hand corner should state:

• The party for whom the witness statement has been prepared;
• The date on which the witness statement was made; and,
• The claim number of the case.

The name of the case should then be written in the centre of the page on consecutive lines, as follows:

• The name of the Claimant, for example "Roger Brown", with the word "Claimant" written in the right hand margin;
• The word "and";
• The name of the Defendant, for example "David Barnwell", with the word "Defendant" written in the right hand margin.

Finally the witness statement's title should appear, centred on the page, as follows:

• WITNESS STATEMENT OF ROGER BROWN.

The Opening Paragraphs

A witness statement should start by explaining who is making the witness statement and what their involvement is with the case.

1. I live at 42 Tall Trees, Bedford and I make this statement in support of the claimant.
2. I run my own business as xxxxxxx xxxxxxx, state qualifications xxx
3. I examined vehicle xxxx on dd/mm/yy

and so on.

The statements are matters of fact.
Number each paragraph.
Use font size 12, and line spacing 1.5


There is further guidance here:http://www.legalbeagles.info/forums/...ness-Statement

[fandabby]

Re: Court Claim issued, Storm Doris now damaged van UPDATE

Thanks des8, I have copied the format across to Dekra to ensure they follow structure.

Once have all 3 will post up here.

Many thanks again, I am finding this very helpful.

[fandabby]

Re: Court Claim issued, Storm Doris now damaged van UPDATE Court Allocation Changed

[MENTION=39710]des8[/MENTION] wandered if you could assist again please - thanks

I have received an email from the County Court Business Centre today saying they made a mistake and should of sent out the proposed allocation to the Fast Track DQ and attached it to the email.

It also states in the letter that I have to:

file by 21 April
serve copies to other parties
and attempt to agree directions with all other parties
and file proposed directions (whether or not agreed) with the Directions Questionnaire



So do I now have to telephone the trader and complete the questionnaire with him?

This form looks very detailed.

Has my life got extra complicated now that the allocation has changed?

I/we cannot afford a solicitor. I had a quote from one in the next town, as my own town the ones who handle litigation have all said no to taking it on, and based on my summary that I gave them, they quoted £10,000-£15,000 +VAT to get me to trial.

So I need to handle this myself the best I can.

Please advise. Many thanks

[des8]

Re: Court Claim issued, Storm Doris now damaged van UPDATE

As the case is now "Fast Track" you might like to read this ;http://s3-eu-west-1.amazonaws.com/hm.../ex305-eng.pdf

He doesn't appear to have instructed solicitors either, (probably for the same £reason) as per post 19.
Your main problem now is the time it takes to get to court.
It might be worth accepting a compromise if it can be arranged.
And yes, you must contact him to agree the directions.
Even if you can't agree DO NOT MISS THE DEADLINE.

[fandabby]

Re: Court Claim issued, Storm Doris now damaged van UPDATE

Thanks des8.

I have lettered Trader today asking for dates/times convenient to call to discuss the questionnaire and to ask if we could mediate to settle this before trial - although asked in previous letter to settle through ADR which was ignored.

Looking now at the DQ may I ask some questions please for understanding how to approach conversation with trader for completing.

A - Settlement.
1. I will discuss with him about trying to settle before hearing, should trader say no do I then say No on this or Yes?
2. If Yes do I request one month stay?
3. reasons if No for point 1 ?

B Court
B1. (High Court Only)
The claim has been issued in the High Court. Do you consider it should remain there? YES OR NO
If YES in which Division/List?

Not sure what this means?


B2. Trial (all cases)
Is there any reason why your claim needs to be heard at a court of hearing centre? YES OR NO
If Yes, say which court and why?

Can I request my home town and reason because sorting out childcare?


C Pre-action protocols
You are expected to comply fully with the relevant pre-action protocol.
Have you done so? YES or NO

If you have not complied, or have only partially complied, please explain why

I have speed read this and from what I have read, I have lettered the trader several times outlining the faults, have also sent twice the Dekra report, listed all expenses including evidence like receipts, suggested ADR previously, each time allowing 14 days - does this sound I have complied fully or partially?


D Case management information
D1. Applications

I say NO because I have not made any applications in this claim?


D2. Track
If you have indicated in the proposed directions a track attached which would not be the normal track for the claim, please give reasons below for our choice.

Do I leave this blank?


D3. Disclosure of electronic documents (multi track cases only)

Do I ignore this?


D4. Disclosure of non-electronic documents (all cases)
What directions are proposed for disclosure?

Do I say here already disclosed and posted twice Dekra Report?


For all multi-track cases, except personal injury

Do I ignore this section?


E. Experts

Do you wish to use expert evidence at the trial or final hearing?

Have you already copied any experts' report(s) to the other party(ies)?

Do you consider the case suitable for a single joint expert in any field?


What do you suggest here? Is this still no as I bring in the Dekra Report and their witness statement in my witness statement?
or
Do I say Yes and Yes as already sent two copies and what for last question?


E Experts (continued)
This asks for Expert's name
Field of expertise
Justification for expert and estimate of costs

Do I complete this?


F Witnesses
Which witnesses of fact do you intend to call at the trial or final hearing including, if appropriate, yourself?
Witness name
Witness to which facts

No sure what I put here?


G Trial or Final Hearing
How long do you estimate the trial or final hearing will take?
Less than one day ? hours
One day
More than one day - state number of days

Presumably this is a straight forward case? Would I suggest less than one day and if so how many hours is reasonable for this kind of case?


Are there any days within the next 12 months when you, an expert or an essential witness will not be able to attend court for trial or final hearing?

If I am saying yes to Expert then will need to find this information out
Do I only include my OH's witness statement brought in from mine or do I call him as a witness.


H Costs

I ignore this as do not have solicitor ?


I Other information

Do I intend to make any applications in the future? YES or NO

What other applications could I make?

In the space below, set out any other information you consider will help the judge to manage the claim

Do I say anything here about having a report done and sent and trader only offering a fix although I have exercised my right for short term rejection ?


Thanks, I feel tired just thinking about all this let alone having to have a conversation with the trader to discuss all this and agree what gets logged down.

Appreciate your assistance, many thanks