*** DISMISSED *** Small claims for stabling fees

[jaguarsuk]

1 I need to get the N9D form completed

2 sent to Salford (or can I do this online?).

3. my witness statement does not need to go in yet?

1. Yes

2. Possibly if it'll allow you that much information or to attach separate documents, you can email it to ccmcce-filing@justice.gov.uk or print and post. I only prefer the latter as I send Recorded Delivery and know it's been signed for, but it's personal preference.

3. Correct, it'll go in much later

[Stopbox]

so To make sure I have this correct, I need to get the N9D form completed and sent to Salford (or can I do this online?).

my witness statement does not need to go in yet? So that gives me time to complete it with more finesse!! I have a spreadsheet of my payments and in the defence it shows the working out of the overpayment so I can just transfer that calculation across.

[Amethyst]

Yip, that's what I mean, thanks Jags then something like this as an exhibit.
2018-04-09 09_37_31-Start.png

[jaguarsuk]

Overpaid by £292.86 ( so show HOW that happened - I know you are attaching statements as exhibits but show the basic maths and say as per the attached schedule of payments )

Something like this:

The fees were 28 weeks at £100 (23^rd December 2016 to 6^th July 2017), 22 weeks at £50 (7^th July 2017 to 8^th December2017) and 1 day at £7.14 (9^th December 2017). This amounts to 50 weeks and 1 day levying £3,907.14 in fees. I paid Mrs C £2,000 on 17^th December 2016, £1,200 on 6^th June 2017 and an additional sum of £1,000 on 23^rd September 2017 totalling £4,200, an over payment of £292.86.

[Amethyst]

started with 4 horses on 27th January 2017 - can't see the price in the WS how much was agreed per horse.

due to loss of two horses, and after some time where you were dealing with more important stuff, the agreement changed to 2 horses on 7th July 2017 at price of £xx per horse.

Cancelled and left on 9th Dec 2017

Overpaid by £292.86 ( so show HOW that happened - I know you are attaching statements as exhibits but show the basic maths and say as per the attached schedule of payments )

A spreadsheet format would be best showing each week through the whole period with payments due, and payments made, with a balance.

[Amethyst]

Okay, your witness statement tells the story perfectly but the points get a little lost.

So this is the important part "We agreed to the reduction in payment as this would mean that I stayed in place on her farm and would not have to move. We agreed the new payments would start from the next day 7^th July 2017"

So from start to 7th July 2017 you'd agreed to pay for 4 horses stabling, and from 7th July 2017 it was rengotiated to pay for 2 horses stabling. You need to lay out the maths on that simply - amounts owed vs amounts paid.

So 4 horses stabling price per week was £xx ?
2 horses stabling price per week was £xx ?

Number of weeks of each = total owed
Amount of payments made

Balance due as per your calcs

vs what she says you owe.


That needs spelling out simply and somewhere at the top of the statement.

Then we can work on the remainder and summarising some parts down. You want to make it easy for the judge to see where the conflict lies, and at the moment he'd need a degree in maths and a lot of patience to figure it out xxxx

[jaguarsuk]

HI, I don't tend to come in here over the weekend.

Yes, your initials, you can actually use anything you like and I just suggested initials because as you write you aren't going to forget them, so makes things a little easier.

Sorry, LiP means Litigant in Person it's the term for representing yourself in these proceedings.

There's months to sort the Witness Statement, so I won't rush to look just yet.

Next will be complete the N9D form to go with the Defence and Counterclaim. My aforementioned horrendous hand writing means I usually type forms and print them. If that's what you'd prefer here it is: https://assets.publishing.service.go...33/n9d-eng.pdf

In boxes put:

1 Please see separate sheets entitled "Defence and Counterclaim."

2

• first box: The Amount of the harassment, over payment, reimbursement and hay nets combined. (remember to reduce the Harassment amount to keep the total of everything to less than £1,000 & amend it down in the Defence & Counterclaim document to the nearest £50)
• second box: The fee in the table here: https://www.gov.uk/make-court-claim-...ney/court-fees
• third box: Harassment, Undue Influence, Restitution for Monies had and received, Reimbursement of money for purchases, Restitution for damage to property, costs and interest.
• forth box: Please see separate sheets entitled "Defence and Counterclaim."

3 Is self explanatory.

Once you are happy with the Defence and Counterclaim it's then a case of ensuring everything has names and Claim numbers where it should, printing it and signing everything. Take two copies, one to serve on MN Legal (with a letter as previously suggested if you wish) and one to keep for your records. Write a Cheque or get a Postal Order for the fee payable to "HM Courts and Tribunals Service" for the fee and send them off to Salford.

Before sending I tend to scan everything as it's all signed and store it on something like OneDrive, iCoud or some other external secure place. This way if you have a mishap the causes damage to your records or you lose them, you have a recoverable back up. Probably wise once you have scanned your evidence in to have that on there too.

[Stopbox]

Here is the first edition of my Witness Statement, let me know what's wrong with it. I shall start scanning all the documents at work tomorrow and get them marked up.

1st edition of witness statement for legal beagles.docx

[Stopbox]

With the documents I personally scan them in, then in the top right of each page in adobe acrobat reader put the claim number and initials, then in the bottom right corner number them within brackets e.g. [1]. It makes it easier to print the 3 copies (one for court , one for claimant and one for you) and my hand writing personally is horrendous, although you will need to take along the original documents as they or the judge may ask to inspect them.

With “initials” do you mean mine?

and also what does LiP mean?

[Stopbox]

I’d guessed that, I took our names out so I didn’t have to Black them out

[jaguarsuk]

I’d guessed that, I took our names out so I didn’t have to Black them out

I just wanted to make sure.

[Stopbox]

I’d guessed that, I took our names out so I didn’t have to Black them out

[jaguarsuk]

Just to add, in the documents (both) in the middle column where it says "Claimant" and "Defendant" you will need to change them before you finalise, print and sign them as below.

I don't want to assume you know, but if you do just ignore this and just making sure you file the documents properly.


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[Stopbox]

Ok, I’ll start working on it over the weekend. Then post up once done!

[Amethyst]

I've moved your thread to the right forum ( sorry for not realising earlier ) - Stopbox & @Jaguarsuk

On the Witness Statement - theres an example or two which might help here - EXAMPLE Witness Statement