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Judgement issued, but bar subsequently put in place ?

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  • #46
    Originally posted by kettlaness View Post

    Hi All,

    As described above, my case was transferred by MoneyClaim to the local court on 17th August; I've contacted the local court in October (twice) to be told that I'd receive notification about the hearing 'within about 10 days'.

    I'm getting very concerned, because the court is doing nothing of their own volition - I'm having to 'drive' the process forward myself . . . but it's now over three months on and I've still had no communication from the court. I can phone them again today, no doubt they'll tell me that I'll 'hear something in 7 to 10 days' . . . following which, I don't.

    What can i do ? all i want, is my case to be heard ?
    Sadly that is how the Courts work. Its your claim your the one driving it, however nothing for three months is a little long in my book, so id suggest sending an email to the Court manager and ask them to update you on the progress of the case, if you dont get a reply in 7-10 days then email again entitling the email as FORMAL COMPLAINT that should get a reply out of the Court
    I work for Wannops LLP . I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    If you need to contact me please email me on Ptilley@wannops.com . My firms initial advice is always free.

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

    You can also follow my blog on consumer credit here.

    Comment


    • #47
      court sets the times, sometimes (Most) months down the line, you are not alone

      Comment


      • #48
        Hi All,

        I have at last, been notified that the case is proceeding to a hearing, with a date set in February. Accordingly, I'll need to send a copy of my documentation to both the Court and the Defendant.

        I'd appreciate it, if someone could point me in the direction of a template or 'sample' documentation that someone else might have used when submitting documentation for a civil hearing - I'm sure that I've seen this kind of thing on the forum, but when I need it, I can't find it. I just need to be sure, that I'm sending (& presenting) the documentation in the correct format. I'd also appreciate it, if someone could point me in the direction of a covering letter . . . basically, any guidance that might help me to present my documentation to its best advantage would be appreciated.

        When sending the documentation to the court, should it be stapled (top left corner), comb-bound or in a ring binder ? (or something else ?)

        I also have the facility to have the documentation made into a A4 document with staples down the spine (A3 sheets folded over).

        Thank you all, for any replies made to this or previous queries; it is getting towards the end of the matter now and hopefully, it'll be resolved to my satisfaction. The advice, guidance and goodwill that I've received on here has provided me with the determination to see this out; what I can tell you, is that when it is all 'done & dusted', I'll still retain my membership of this forum . . . it would be nice to come on this forum and be able to 'chill out' a bit.

        Thank you all.

        Comment


        • #49
          There is an example for the Witness Statement here https://legalbeagles.info/forums/for...ness-statement

          And the relevant practice direction here - https://www.justice.gov.uk/courts/pr...part32#witness

          There should be detail on your hearing letter too, where it tells you when to exchange witness statements and documents by. Normally it's 14 days before the hearing.

          The Claimant will need to pay a hearing fee before exchange of witness statements too.

          Basically the Witness Statement introduces your documents which are attached as Exhibits.

          A cover letter only needs to see 'Ref: xxxxxxxxx v Kettlaness
          Please find enclosed by way of service my Witness Statement and Exhibits for the Claim XXXXX to be heard on xxxxx 2018 at xxxxxxxxxxxxx County Court"

          Copy to court and to the Claimant.


          No preference on staples/binding - but easy to refer to and find documents - so top right of Exhibit pages for Exhibit references is normally a good idea.

          19.1 A witness statement should:

          (1) be produced on durable quality A4 paper with a 3.5cm margin,


          (2) be fully legible and should normally be typed on one side of the paper only,

          (3) where possible, be bound securely in a manner which would not hamper filing, or otherwise each page should be endorsed with the case number and should bear the initials of the witness,

          (4) have the pages numbered consecutively as a separate statement (or as one of several statements contained in a file),

          (5) be divided into numbered paragraphs,

          (6) have all numbers, including dates, expressed in figures, and

          (7) give the reference to any document or documents mentioned either in the margin or in bold text in the body of the statement.

          19.2 It is usually convenient for a witness statement to follow the chronological sequence of the events or matters dealt with, each paragraph of a witness statement should as far as possible be confined to a distinct portion of the subject.
          “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

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          Comment


          • #50
            Originally posted by Amethyst View Post

            There is an example for the Witness Statement here https://legalbeagles.info/forums/for...ness-statement
            Thank you for the prompt reply !

            At risk of seeming incredibly dim, am I (the Claimant) considered to be a Witness, and therefore, obliged to write a Witness Statement ? I ask this, as I don't have any Witnesses - I'll be relying entirely on evidence.

            Comment


            • #51
              You are your own witness Apologies I was in autopilot mode, but the Witness Statement is same for Claimant as for Defendant, just as Claimant YOU will have to pay the hearing fee - so check what date that needs doing by. Does your hearing letter give the information and date by which WS's need exchanging by?

              Your WS will go through chronologically what happened, what comms there were, back up your defence and introduce the exhibits ( evidence ).
              “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

              If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

              Find Solicitors offering fixed fees on our sister site - JustBeagle.com

              Comment


              • #52
                Originally posted by Amethyst View Post

                YOU will have to pay the hearing fee - so check what date that needs doing by. Does your hearing letter give the information and date by which WS's need exchanging by?
                Hi,

                Thnk you for the immediate reply ! The hearing fees need paying by mid-Jan and the hearing is in mid-Feb. The witness statements need to be in by 3rd Jan . . . but I'm going to have them completed and sent by registered post to arrive by THIS Friday, at the very latest. [I'm not sure if the Courts will be open on the 27th, 28th & 29th December and I'd rather not risk running into January's post.]



                Comment


                • #53
                  Hi All,

                  I recorded a short video footage of our cooker malfunctioning - is such evidence admissible at the Hearing ? If so, how might I submit it with my witness statement ? Presumably, I'd also have to send it to the defendant . . . but in what form ?

                  Or would it be a 'safer' option not to submit such evidence
                  Last edited by kettlaness; 21st December 2018, 14:40:PM.

                  Comment


                  • #54
                    Originally posted by kettlaness View Post
                    Hi All,

                    I recorded a short video footage of our cooker malfunctioning - is such evidence admissible at the Hearing ? If so, how might I submit it with my witness statement ? Presumably, I'd also have to send it to the defendant . . . but in what form ?

                    Or would it be a 'safer' option not to submit such evidence
                    I should mention, that the video footage is not recent, but was taken at the time the claim was initiated.

                    Comment


                    • #55
                      Hi,

                      Can anyone tell me, in a small claims court, am I able to send in video evidence - perhaps, on a USB stick in a suitable format that should play on any device ?

                      Or would it be appropriate for me to bring it in on a laptop ?

                      Comment


                      • #56
                        If you want to use video evidence, the court must be informed and the defendant allowed to see the video before the hearing.
                        You may have to provide the equipment on which the video may be viewed.

                        Comment


                        • #57
                          https://legalbeagles.info/ is sound good discussion for the all the users.
                          LegalBeagles is a free forum offering support, discussion & help for consumers from their peers and covers mainly legal and financial issues.

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