Old shop direct account and Capquest

[SK01]

Hello, here is an update for the hearing today.


I went to the hearing with my wife today. As my wife has a weak english so I requested the judge if I could speak on her behalf? the was straight NO!

The judge asked my if you dont have a good command of English then who wrote the witness statement and my wife said my husband did it for me and judge reply was he can not accept this witness statement and will adjourn the hearing till next date ( they will write to her when )?

He will not even let her speak a word , so the judge said on next hearing she must write the statement her self and she cannot even have me as a translator in the court.

I am not sure why he did that ? what if someone cant write can he not get someone else to write witness statement?

[Diana M]

The judge asked my if you dont have a good command of English then who wrote the witness statement and my wife said my husband did it for me and judge reply was he can not accept this witness statement and will adjourn the hearing till next date ( they will write to her when )?

He will not even let her speak a word , so the judge said on next hearing she must write the statement her self and she cannot even have me as a translator in the court.

I am not sure why he did that ? what if someone cant write can he not get someone else to write witness statement?

Perhaps the DJ was surprised at the contents of the Witness Statement which would have been signed by your wife even if the contents had been drafted by someone else.

Maybe he didn't want to deal with the complex legal arguments raised

Let me know when you hear anything from the court or the Claimant and also address the issue of your wife's entitlement to an interpreter.

Di

[SK01]

Thank you I will update as soon I hear from the court. I dont understand why he didnt allow me to represent her in court? He kept telling me I am not allowed to speak. The other issue he raised the witness statement which sent was not signed and I am 100% it was signed and sent to court by recorded delivery.

[Diana M]

The other issue he raised the witness statement which sent was not signed and I am 100% it was signed and sent to court by recorded delivery.

Ah, well if your wife didn't sign the WS which was drafted for her then the DJ had every right not to admit it as evidence since she couldn't be cross examined on the content regardless of her language issues.

Perhaps he didn't let you speak because you cannot be questioned on a WS which was hers, and she said you had written it which was not strictly true

In fact she is lucky that the DJ decided to let her have a second chance by adjourning the Hearing.

Did you keep a copy of the signed one you filed at court and/or the signed one you served on Capquest? Was the WS the DJ had unsigned?

This may explain what the DJ meant when he said she must produce her own WS at the next Hearing. Perhaps he meant she must sign and swear the same WS which was prepared for her (for this week's Hearing) to say she agrees the content is true.

The judge asked my if you dont have a good command of English then who wrote the witness statement and my wife said my husband did it for me and judge reply was he can not accept this witness statement and will adjourn the hearing till next date ( they will write to her when )?

He will not even let her speak a word , so the judge said on next hearing she must write the statement her self

Let me know when you have the new Hearing date listed.

Di

[SK01]

I have the signed copy and recorded delivery which i sent to court. I think what may have happened is I sent hard copy by post which was signed and one copy by email which was not . The judge must have email copy . Can my wife use same statement on next hearing? and yes i will post as soon as i have received anything from court.

[SK01]

Hi, I have just received this latter from court. It says witness statement must send by 4pm on 13 which was yesterday? What do I need to do now?

[SK01]

Should I send the witness statement ? I would need to send it by Monday morning .

[MIKE770]

Diana M

[SK01]

Can I send the same statement signed? I think I need to send it by today?

[SK01]

Anyone please ? Time is running out should I send the same statement?

[Kati]

Amethyst Diana M Joanna C ??

[Diana M]

Anyone please ? Time is running out should I send the same statement?

All sorted

(We’ve spoken).

Di

[SK01]

Hello, I received this day before yesterday 17/04/18. Is there anything I have to do? Thanks

[Amethyst]

This just seems to be a copy of the application they filed at court and that the hearing was for on 4th April ? It does sya their attached witness statement - did they send that to you again too this time? No covering letter explaining why they were resending it ?

Having spoken with Di did you file your wife's (signed) witness statement as per the courts instruction?

[Diana M]

Having spoken with Di did you file your wife's (signed) witness statement as per the courts instruction?

The OP's wife had already filed a signed Witness Statement at court (and served it on the Claimant) but for some reason it wasn't before the DJ at the Hearing (only the unsigned emailed copy).

The court has been made aware of the situation with a copy of the original WS and the Royal Mail Recorded Delivery Receipt as evidence.

I have the signed copy and recorded delivery which i sent to court. I think what may have happened is I sent hard copy by post which was signed and one copy by email which was not . The judge must have email copy

Di