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

[jaguarsuk]

Well you have got her high and dry on para 4 "I have never received any payment from X or the defendant for stabling the pony."

It should throw into doubt the whole truthfulness of her witness statement and then you producing WS from your colleagues contrary to what she says regarding the incident at work should finish her off nicely.
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Especially if the OP can provide a bank statement confirming a cash withdrawal or cheque. Done & dusted.

Better than that she has an email with attached schedule of payments between X and the Claimant that shes was CC'd in. If the claimant didn't receive payment then why is their a record being kept? Ooopsie

[Stopbox]

Well you have got her high and dry on para 4 "I have never received any payment from X or the defendant for stabling the pony."

It should throw into doubt the whole truthfulness of her witness statement and then you producing WS from your colleagues contrary to what she says regarding the incident at work should finish her off nicely.
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Especially if the OP can provide a bank statement confirming a cash withdrawal or cheque. Done & dusted.

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

[Stopbox]

The last payment made was in September and it was paid in advance, and took my livery fees up to January 2018

[Stopbox]

The texts are the same as the ones I’m admitting for evidence too, but she’s twisted the argument we had about payment on 1st December 2017 ie I need to pay the full outstanding amount owed from 7/7/17 to December, not the reduced payment. And is now saying that the texts relate to me having had my money stolen, which is false, she and her solicitor state in his letters that this alleged conversation happened on the 14th December which I can prove I never went to and I now think she realises this so is saying the texts on the 1st now relate to the alleged conversation

[GBExile]

Well you have got her high and dry on para 4 "I have never received any payment from X or the defendant for stabling the pony."

It should throw into doubt the whole truthfulness of her witness statement and then you producing WS from your colleagues contrary to what she says regarding the incident at work should finish her off nicely.
-----------

Especially if the OP can provide a bank statement confirming a cash withdrawal or cheque. Done & dusted.

[jaguarsuk]

Well you have got her high and dry on para 4 "I have never received any payment from X or the defendant for stabling the pony."

It should throw into doubt the whole truthfulness of her witness statement and then you producing WS from your colleagues contrary to what she says regarding the incident at work should finish her off nicely.

You'll need to counter her para 8 as you say the 23rd Sept 2017 was the last payment you made to her. Therefore you are going to have to explain why you were withdrawing money to pay her. I'm assuming to pay ahead again further and then by 6th you'd decided to leave.

Para 9 having not seen the texts you are going to have to explain them.

Other than that you have either already covered what she's saying.

Her glazing over the Harassment has been easily destroyed by the WS of your colleagues and the fact she doesn't even try to explain the other items of the counter claim is glorious.

Re: Post #233

You don't dispute having paid her £1,000 on 23/09/2017 and admitted in the defence, but this is proof of nothing as it is not signed by you and therefore is in no way evidence of anything other than her making her own notes. The fact this tallies with what you say actually adds credence to your record keeping and combined with the bank withdrawals on your statements will hopefully be seen as what you are saying is most likely what is true.

[Stopbox]

This is the evidence she is showing of me paying her £1000 on 23 September 2017. The last paragraph is what she said to me when she harassed me at work 03F09124-E5D1-4A0E-95EC-CCE984FBFC62.jpeg

[Stopbox]

OK, as we seem to have trouble uploading the 2nd page, it states the following:

5. The arrangement continued without problems, with payments made until November 2016 although I was asking the defendant for payment as early as June 2016 when payments become sporadic and then ceased. This can be seen in the records that I have produced as Exhibit 1.

6. During this period, I regularly reminded the defendant that she owed me payment for the stables. After 26 November 2016 the records show that the defendant paid me once, in the sum of £1000 on 23 September 2017, which purported to be for the period January-March 2017 (13 weeks), and which appears in fact to have been an interim payment. No other payments were received during this period, specifically no payment was received as claimed by the defendant, on 17 December 2016 or 6 June 2017.

7. I have text messages which I produce as Exhibit 2 in which I asked the defendant for payment. I note the texts on 12 June 2016 (p1 of texts), 5 July 2017, 23rd August 2017 & 4 September 2017 (p9 & 10 of texts).


8. In December 2017 the defendant visited my home, as she had regularly done, and in my kitchen as usual, she then alleged that she had withdrawn the money from the bank to pay me and for some Christmas shopping. But she had found that, when walking from the bank to her car the money had been stolen from one of her two bags. She explained that a hole had been cut in the bag and the money had gone. This is something she later denied in a letter to my solicitor of 13 February 2018 (paragraph 4). However, this explanation is confirmed as having happened in text messages on 1 December 2017 (p 11-12 of texts).

9. I further asked the defendant for payment including by text on 3-7 December 2017 (p12-15 texts). The Defendant vacated the stable facilities without notice, save by text on 8 December 2017 (p15 of texts) which I did not see until after i had discovered that the stables were empty early on 9 December 2017. The defendant accepted that she had a debt to me in further texts (page 15a of texts) and i responded by demanding payment by text on 11 December 2017 (p16 of texts).

10. During the period 26 November 2016 to 31 December 2017 (the month the defendant left the farm) the defendant had incurred fees, for 57 weeks at £100 per week, of £5,700. Deducting the payment detailed in paragraph 6 of £1000 leaves the total outstanding sum of £4,700

11. I then pressed the defendant for further payments without success. The defendant gave me a note at a meeting on or around 20th December 2017, when I visited the defendants place of work to press her for payment, stating that she would pay a sum in settlement of £3,800 in monthly instalments of £600. despite this, no payment has been forthcoming and subsequently the defendant denied that any debt is owed. I produce a copy of the note as Exhibit 3.

[jaguarsuk]

I have done another re-draft adding in the email between me and my friend.

[ATTACH]n1422273[/ATTACH]

Cool, the next thing is to see her WS then and counter everything we need to in that to get it to a point of being ready.

[Stopbox]

I have done another re-draft adding in the email between me and my friend.

Redraft - 2nd edition of witness statement for legal beagles.docx

[jaguarsuk]

I like this, it is brilliant.

And I’ve found something that will make your day. I’ve been trying to find some way to prove that my friend did come and stay at the stables and that she paid the claimant. I’ve had no luck with her husband or definite confirmation via our text messages, so (and I have not idea why I did this) I looked through my deleted emails just to see if there was anything there and I’ve got an email dated 26th sept 2012 to my friend including an attachment which is copy of the payment schedule between her and the claimant including payment dates and contact details of everyone at the farm it also proves that a 5th horse was there, and this means a 5th stable was needed in the first year i was at the farm not several years later that the claimant states.

Plus the stable was tiny tiny and just fitted her 12hh pony and all my horses were huge!!

That will certainly damage her credibility as she has openly said the friend paid you and she received nothing. Good work.

[Stopbox]

So here is a redraft based purely on what you had in there already.

Once we have seen her full witness statement more can be added if needed.

I like this, it is brilliant.

And I’ve found something that will make your day. I’ve been trying to find some way to prove that my friend did come and stay at the stables and that she paid the claimant. I’ve had no luck with her husband or definite confirmation via our text messages, so (and I have not idea why I did this) I looked through my deleted emails just to see if there was anything there and I’ve got an email dated 26th sept 2012 to my friend including an attachment which is copy of the payment schedule between her and the claimant including payment dates and contact details of everyone at the farm it also proves that a 5th horse was there, and this means a 5th stable was needed in the first year i was at the farm not several years later that the claimant states.

Plus the stable was tiny tiny and just fitted her 12hh pony and all my horses were huge!!

[jaguarsuk]

So here is a redraft based purely on what you had in there already.

Once we have seen her full witness statement more can be added if needed.

[jaguarsuk]

I’ve asked kati to upload the claimants witness statement properly as I’m having trouble. As for my witness statement, my first edition is here. I’ll do major work on it tomorrow in the hope that I can get it in the post on Thursday.

http://legalbeagles.info/forums/file...9&d=1523200883

Okay, I'm just brushing this up now as some of the paragraphs are a little too long.

[Stopbox]

I’ve asked kati to upload the claimants witness statement properly as I’m having trouble. As for my witness statement, my first edition is here. I’ll do major work on it tomorrow in the hope that I can get it in the post on Thursday.

http://legalbeagles.info/forums/file...9&d=1523200883