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

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  • Stopbox
    replied
    Paperwork all sorted and in the right envelopes!!

    Leave a comment:


  • jaguarsuk
    replied
    Originally posted by Stopbox View Post
    Regarding the letter to the court informing them of me not knowing the court date etc. Do I write this like a witness statement or a normal letter?
    Just include it in the cover letter and ask that they check their records to ensure they have your address correct.

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  • Stopbox
    replied
    Regarding the letter to the court informing them of me not knowing the court date etc. Do I write this like a witness statement or a normal letter?

    Leave a comment:


  • Stopbox
    replied
    Witness statement has been updated and table of contents just being created.

    Leave a comment:


  • jaguarsuk
    replied
    Originally posted by Stopbox View Post
    1. do I need to make the courts aware that I’ve only only found out about the court date 2 days ago? And that they failed to send me any paperwork asking for a witness statement.

    2. also I’d like my husband to be in the room with me for moral support, do I ask this at the same time?
    1. Yes

    2. No, you'll send a letter no later than 7 days before the date of the hearing stating you want your husband to speak for you as a lay rep, Amethyst will be able to help with a template for that. He can then do all the talking.

    Next week we'll go through court etiquette and some notes for your husband to prepare him a little.

    I've read the WS now and made some changes as follows:

    Too much detail surrounding the 5th stable, so I have cut that down. Size of the pony and your horses aren't what is relevant or have any impact on her claim/your ability to defeat it.

    Brushed up some things such as Herts, remember this is a court document and you should avoid abbreviating where possible, so Hertfordshire.

    Para 95 you do not need to show the breakdown of how the money is owed as you did that in the Defence and thus elongating things necessarily.

    Remember this is already a very long witness statement and you want the Judge to read it all, so duplication needs to be avoided.

    Para 134 offers nothing, so deleted.
    Attached Files

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  • Stopbox
    replied
    I’m getting everything together today, making sure I’ve got everything and it’s correct. Then do all the printing/copying tomorrow morning and then taking it to the court by hand at lunchtime. So there’s plenty of time to read it.

    do I need to make the courts aware that I’ve only only found out about the court date 2 days ago? And that they failed to send me any paperwork asking for a witness statement.

    also I’d like my husband to be in the room with me for moral support, do I ask this at the same time?

    Leave a comment:


  • jaguarsuk
    replied
    Originally posted by Stopbox View Post
    I presumed I didn’t have to inform the claimant about form n255 as this is sent directly to the court to make a summary judgement?
    No, you don't have to inform her and can just go with:

    Dear Mrs MC

    Re: Claim <<CLAIM NO>>

    I write regarding the above matter in the <<LOCATION>> County Court.

    Enclosed is a copy of my Witness Statement and Evidence bundle LB by way of service upon you and I confirm that the same has been filed with the court.

    Yours sincerely



    <<YOUR NAME>>
    Enc.
    I still haven't had a chance to read draft 3 yet of the WS.

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  • Stopbox
    replied
    I presumed I didn’t have to inform the claimant about form n255 as this is sent directly to the court to make a summary judgement?

    Leave a comment:


  • jaguarsuk
    replied
    Covering letter for court

    Dear Sirs

    Re: Claim <<CLAIM NO>>

    I write regarding the above matter in the <<LOCATION>> County Court.

    Please find enclosed my Witness Statement, Evidence bundle LB, Form N255 for the Counter Claim and Witness Statement in support of Form N255.

    I confirm that copies have been served on all other parties in the Claim.

    Yours sincerely



    <<YOUR NAME>>
    Enc.
    Covering letter to Claimant

    Dear Mrs MC

    Re: Claim <<CLAIM NO>>

    I write regarding the above matter in the <<LOCATION>> County Court.

    Enclosed is a copy of my Witness Statement, Evidence bundle LB, Form N255 for the Counter Claim and Witness Statement in support of Form N255 by way of service upon you and I confirm that the same has been filed with the court.

    Yours sincerely



    <<YOUR NAME>>
    Enc.

    Leave a comment:


  • jaguarsuk
    replied
    Originally posted by Stopbox View Post
    Covering letter to go with my witness statement and evidence regarding my defence

    [ATTACH]n1422421[/ATTACH]
    Edit your post as this appears to be a witness statement and contains your address.

    Leave a comment:


  • Stopbox
    replied
    Covering letter to go with my witness statement and evidence regarding my defence

    Last edited by Stopbox; 6th September 2018, 10:49:AM.

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  • Stopbox
    replied
    Covering letter to go with the Part 20 Claim

    Witness Statement for resubmission of Part 20 Claim for legal beagles.docx

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  • Stopbox
    replied
    3rd redraft of the Witness Statement attached. dont' worry about the evidence numbers I shall be going through and sorting those later. but jaguarsuk can you look at points 52, 92, 94,132 and 137 as these are bits I have added on. Also am I allowed to refer to her Witness Statement?

    Redraft - 3nd edition of witness statement for legal beagles.docx

    Leave a comment:


  • Stopbox
    replied
    Also the payment schedule she has put into evidence (the one I created), which was supposed to be signed by me and the claimant, does not have signatures against every date. Ie for the last 4 payments dates in 2014, last 6 payment dates in 2013 etc. So basically there’s nothing saying I paid those dates either

    Leave a comment:


  • jaguarsuk
    replied
    Originally posted by Stopbox View Post

    Unfortunately the other person is deceased and her husband wants nothing to do with this, so I will be unable to produce evidence of payment
    Don't you have the email you found though? That enough will cast doubt as why was a record created if not payment was made.

    Leave a comment:

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