Originally posted by kettlaness
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*** Won *** Judgment issued, but bar subsequently put in place ?
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I work for Roach Pittis Solicitors. 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 Pt@roachpittis.co.uk .
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.
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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.
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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.#staysafestayhome
Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.
Received a Court Claim? Read >>>>> First Steps
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Originally posted by Amethyst View Post
There is an example for the Witness Statement here https://legalbeagles.info/forums/for...ness-statement
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.
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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 ).#staysafestayhome
Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.
Received a Court Claim? Read >>>>> First Steps
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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?
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.]
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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 evidenceLast edited by kettlaness; 21st December 2018, 14:40:PM.
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Originally posted by kettlaness View PostHi 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
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https://legalbeagles.info/ is sound good discussion for the all the users.
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Hi All,
I'm in urgent need of advice, so prompt responses would be much appreciated.
The hearing for the case in which I'm the Claimant is meant to be this Friday - 22nd February.
Today (19th February) , I've just had a letter from the Court, stating that the Defendent is unable to attend on the 22nd Feb, due to ill- health and the fact that it is their child's half-term, and in view of this, they'd either like the date to be changed, or moved to a court closer to their home.
I've been given 48 hours to make a response - which would take me to Thursday - the day before the hearing.
For what it is worth, I booked a day off work many weeks ago . . . and it is also half-term for my son.
I spoke to the court just last week, to check the parking arrangements; I asked if the defendant had submitted any documentation to the court (as I haven't had a copy from them) and it appears that they've not had anything from the defendant either. (My documentation was submitted last year - as requested by the court).
I have to notify the court in 48 hours - will it make me appear unreasonable, if I say that I won't shift the date ?
What should I do ?
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Originally posted by kettlaness View PostHi All,
I'm in urgent need of advice, so prompt responses would be much appreciated.
The hearing for the case in which I'm the Claimant is meant to be this Friday - 22nd February.
Today (19th February) , I've just had a letter from the Court, stating that the Defendent is unable to attend on the 22nd Feb, due to ill- health and the fact that it is their child's half-term, and in view of this, they'd either like the date to be changed, or moved to a court closer to their home.
I've been given 48 hours to make a response - which would take me to Thursday - the day before the hearing.
For what it is worth, I booked a day off work many weeks ago . . . and it is also half-term for my son.
I spoke to the court just last week, to check the parking arrangements; I asked if the defendant had submitted any documentation to the court (as I haven't had a copy from them) and it appears that they've not had anything from the defendant either. (My documentation was submitted last year - as requested by the court).
I have to notify the court in 48 hours - will it make me appear unreasonable, if I say that I won't shift the date ?
What should I do ?I work for Roach Pittis Solicitors. 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 Pt@roachpittis.co.uk .
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.
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Originally posted by pt2537 View Post
Cant see you are being unreasonable especially as you have the same issues to overcome, theyve known about the court hearing, they should either get a lawyer or attend , i have no sympathy with people who leave it til last minute like this
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