Confused about timings for defending a claim

[des8]

If you are lucky the judge may give you some leeway as a litigant in person, but it isn't a given and if you go to court you are expected to know the rules (as they are published!)

It is best to assume the judge doesn't know everything, and you need to inform him (gently and not obviously!)

Consumer Protection from Unfair Trading Regulations 2008. Sec 5 is the most relevant section (note it was superseded 06.04.2025 so just applies)
You can and should read it here https://www.legislation.gov.uk/uksi/...n/5/2015-10-01

Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
The Right to Cancel is in Sec 5, but perhaps you should read it to see what other offences they may have committed https://www.legislation.gov.uk/uksi/2013/3134/contents

Consumers Rights Act can be read here: https://www.legislation.gov.uk/uksi/2013/3134/contents

[bat in a hat]

So this is the new version. Will it do? I need to send it in asap so hoping no big changes are needed. My employment situation is a bit complicated so I haven't put anything for that at the moment...

In the xxx County Court
Claim no xxxx
Between
Nationwide Renewables
and
xxxxx

Witness Statement of xxxxx


I, xxxxxx, of xxxxxx, being the Defendant in this case will state as follows:
1. I make this Witness Statement in support of my defence of this claim which is due to be heard at xxxxx Crown Court on 31^st October 2025.
2. The matters set out below are within my own knowledge except where I indicate to the contrary.

3. On 13.3. 2025, a representative from Nationwide Renewables visited my home for what I had understood would be a free and no obligation assessment. I was subjected to a very long sales pitch (from mid afternoon till 7pm) which included high pressure tactics and misleading information. Such practices could make the contract I signed void under the Consumer Protection from Unfair Trading Regulations 2008, with section 5 being of particular relevance. In addition, Section 50 of the Consumer Rights Act 2015 states that information given by a trader should be considered as a term of the contract if it is taken into account by the consumer when deciding whether to enter into the contract.
The sales pitch included the following features:
- I was told that the offer was only available if I signed up on the spot.
- The company attempted to charge me if the sales appointment was terminated.
- The sales pitch went on well past the expected time and into the evening, putting me under pressure to make a snap decision and complete paperwork hastily as I was becoming late for other commitments.
- The company used misleading claims and false information, including the verbal promise of a 5 year ‘yield guarantee’ (which did not in fact exist), the misleading claim that they had a ‘partnership’ with Octopus Energy, the false assurance that any work would be fully certified, and the promise that I could cancel within 14 days, with no mention of cancellation fees. They made misleading use of a Flexi-Orb logo on their brochure implying a route for energy export which was not in fact available, as the company were no longer Flexi-Orb accredited.
[Exhibit 1: scan of brochure, Exhibit 4: Email from Flexi-Orb] .

4. I was influenced to trust the company by all of the factors above, and also in particular by the online reviews that I looked at before signing the contract, which I now know to have been manipulated [Exhibit 13: Emails where Nationwide Renewables attempt to coerce me into taking down my review ].
Under the Consumer Protection from Unfair Trading Regulations 2008, section 5, practices which are misleading and which influence a consumer’s transactional decision are deemed to be unfair. Displaying a code of conduct or quality mark (in this case the Flexi Orb logo) without authorisation is deemed a banned practice under schedule 1.

5. After signing the contract I was uneasy about my decision and emailed the company that evening expressing my concern with their sales techniques and asking them to confirm that I had 14 days cancellation rights.
[Exhibit 2: Email sent from myself to Nationwide Renewables]
This was confirmed to me by email, with no mention of cancellation fees. [Exhibit 3: Email from Nationwide Renewables]

5. Over the next few days I discovered more information about Nationwide Renewables, including the following facts:
-
_ Nationwide Renewables were not registered with MCS, the main energy export regulator, who would usually provide certificates enabling the owner of the panels to export energy to the grid.
- They were also no longer registered with Flexi Orb, an alternative energy export regulator. [Exhibit 4: Email from Flexi-Orb]
- Nationwide Renewables did not have a partnership with Octopus in any meaningful sense. Octopus have a ‘Trusted Partner’ scheme, and Nationwide Renewables is not part of this scheme. Their only connection with Octopus is that they use a little-known Octopus energy export mechanism. I felt that the lack of a known export route with accreditation would impact on my ability to sell my house in the future.

- The yield guarantee promised by the sales rep and also mentioned by the project manager does not exist [Exhibit 5: Emails between myself and Nationwide Renewables ]
- I was unable to find any building accreditations for Nationwide Renewables, despite the assurance at the sales visit that all work would be fully certified. [Exhibit 5: Emails between myself and Nationwide Renewables]
- These facts meant that I would have no redress if the installation did not perform as promised, unless the fault was with the panels themselves.
- I was advised by another (Octopus Trusted Partner) installer that my house was not suitable for solar panels and the installation would be ineffective. [Exhibit 6: Email from Mr Bobby Chand]
6.On 17. 3. 25 I emailed the company asking for work to be put on hold and warning that I would cancel unless the accreditation issue was resolved. [Exhibit 7: Email from myself to Nationwide Renewables]

5. On 18^.3.25 I cancelled the contract by email, using the Citizens Advice template letter. This was well within the 14 day cooling off period in which I was entitled to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, with particular reference to Part 3, which describes the right to cancel in relation to off premises sales. I exercised this right on day 5, after signing the contract on 13^. 3. 25. [Exhibit 8: signed contract dated 13^. 3. 25. Exhibit 9: cancellation email dated 18^. 3.25]

6. No work had been carried out by Nationwide Renewables which would void my consumer rights in this case. No valuable work had been performed. No bespoke items were created. No physical work had been carried out at my property and no goods were delivered to my home. I have gained no benefit from work done. Nationwide Renewables have done some very small amounts of work online, but it was their decision to begin work before the 14 days cooling off period was over, so they should absorb any costs of that work. In any case, the amount they are claiming is not proportionate for the work done, and is largely being claimed for ‘cancellation fees’. The Consumer Rights Act 2015 makes it clear that contracts should not be unfair or detrimental to consumers.


7. The timeline of work was set by Nationwide Renewables not by myself, I merely assented to their timeline. I did not make a request that work begin within the 14 day cooling off period, and I took care to cancel the contract before any physical work started or any items were delivered [ Exhibit 7: Email from myself to Nationwide Renewables] . At no point was I warned that assenting to any work would void my right to cancel without penalty.

8. Nationwide Renewables did not mention cancellation fees when I asked them before signing the contract, immediately after signing the contract, at the point when I cancelled the contract, or during their first emails regarding the return of my deposit. A company genuinely out of pocket over work carried out would be upfront with this concern from the beginning. [Exhibit 10: Emails from Nationwide Renewables following my cancellation.]

8. Nationwide Renewables have used improper conduct in relation to the witholding of my deposit, imposition of cancellation fees and threat of court action to threaten and manipulate me into removing a negative review on Trustpilot [Exhibit 13 – emails from Nationwide Renewables ]
I have received an angry and unpleasant phone call from an employee, followed by multiple calls even after I told them that I would only communicate via email. [Exhibit 11 - email from myself to Nationwide Renewables requesting communication by email only] [Exhibit 12 - screenshots from my phone showing subsequent incoming calls from Nationwide Renewables numbers.] Employees also came to my house unannounced and uninvited despite this request for email-only communication, which I assume from the content of their emails was an attempt to influence me into removing the review. [Exhibit 13 , an email from Nationwide Renewables, refers to this visit]
9. In addition to the above points I question whether Nationwide Renewables have followed correct procedure, in that they engaged a debt collection agency to issue a Letter of Claim, then started their legal action independently, without notifying either myself or the agency, before the end of the statutory 30 day period given by the agency for my response. [Exhibit 14 - Letter of Claim from Glenwood Debt Collection, giving me until 29. 5. 25 to respond] [Exhibit 15: Screenshot of communication from HM Courts and Tribunal Service showing that Nationwide Renewables began their claim on 23.5.25] [Exhibit 16:Email from Glenwood apologising for having sent the Letter of Claim.]

I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

[des8]

seem OK to me, except you fail to state your occupation as required by Practice Directions